1135327831 (e-book) 9781135327835 1135327785 1135327823
"'Internet law' and 'electronic commerce law' are new entities and as such there is some difficulty in defining this rapidly changing area of the law. Scholars are divided as to whether it is a subject in its own right or part of a broader area and there is also debate concerning its status as a new law or as old law which needs interpreting in a new way. This text helps the student to unravel this complicated area of law and provides guidance through the wealth of literature available on the topic. The text is for law students coming towards the end of their first degree, or taking a Masters. The first half focuses on the principles of electronic commerce law and includes an introduction to the law of the Internet, basic concepts in intellectual property law, privacy law and data protection. The second part deals with rights and duties in the online world including, liabilities, ownership and contracts. Technical operations are explained in the text as necessary and a glossary provides a guide to the more commonly encountered computer technicalities. With a supporting website providing links to online further reading, this textbook is ideal for students of e-commerce law and will provide those studying information technology law or practising commercial law with an indispensable introduction to Internet issues."--Provided by publisher.
Formatted Contents Note
Cover; Half Title; Title; Copyright; Contents; Table of Cases; Table of Primary Legislation; Table of Secondary Legislation; Table of Journals Referred to; Preface; CHAPTER 1 THE INTERNET AN D THE LAW; IS 'INTERNET LAW' A SUBJECT?; The micro argument; The macro argument; DRAMATIS PERSONAE; THE ANARCHIC INTERNET?; METHODS OF CONTROL; Code is law; Layers of control; NATIONAL OR INTERNATIONAL?; NATIONAL INITIATIVES; NEW TECHNOLOGIES; FURTHER READING; CHAPTER 2 PROTECTION OF COMPUTING SYSTEMS; WRONGFUL ACCESS TO DATA OR PROGRAMS; Actus reus; Mens rea; Aggravated offences; Defences. Jurisdiction and sentenceSubsidiary and related offences; Civil remedies; Assessment and reform; DAMAGE AND IMPAIRMENT; Actus reus; Mens rea; Defences; Jurisdiction and sentencing; Subsidiary and related offences; Compensation and civil remedies; Assessment and reform; COMPUTER THEFT, FORGERY AND FRAUD; Identity theft; Defining theft and deception; Conclusion; SPAM; Who spams, how and why?; Individual remedies; Foreign approaches; Assessment and reform; FURTHER READING; CHAPTER 3 OWNERSHIP OF DATA; COPYRIGHT; Which works are protected, and for how long? What constitutes infringement of copyright?Ownership and licensing; Remedies; Jurisdictional issues; DATABASE RIGHT; Copyright in databases; Database right; OTHER INTELLECTUAL PROPERTY RIGHTS; Performer's right; Moral right; Industrial designs; Patents; Confidence and trade secrets; Trade marks; Passing off; ASSESSMENT; FURTHER READING; CHAPTER 4 RIGHTS OVER DATA: PRIVATE RIGHTS; DISCOVERY IN PRIVATE LITIGATION; PERSONAL PRIVACY LAW GENERALLY; DATA PROTECTION: THE STATUTORY FRAMEWORK; Overview of the legislation; DATA PROTECTION, THE INTERNET AND E-COMMERCE. Obtaining data from the data subject by asking for itObtaining data from the data subject without asking for it; Obtaining data from elsewhere; Duties while holding data; Particularly objectionable types of processing; Transferring data to others within the jurisdiction; Exporting data outside the EU and EEA; THE DATA PROTECTION REGIME: ASSESSMENT; The current legislation in its own terms; Other approaches; What should we be aiming for?; FURTHER READING; CHAPTER 5 RIGHTS OVER DATA: SECURITY AND BIG BROTHER; SECURITY AND AUTHENTICATION; The technology; Legislation worldwide; Export controls. Regulation of risks and intermediariesSEIZURE OF DATA; Forced disclosure of cryptographic keys; SURVEILLANCE OF SPECIFIC INDIVIDUALS; DATA RETENTION BY PRIVATE BODIES; Communications traffic data: access and retention; DATA SHARING WITHIN GOVERNMENT; INTERNATIONAL DATA SHARING; FREEDOM OF INFORMATION; The Irish legislation; The UK legislation; EVALUATION; FURTHER READING; CHAPTER 6 RIGHTS AND LIABILITIES ONLINE; CONTRACTS TO ACQUIRE AN ONLINE PRESENCE; Hardware; Access to the net and other 'information society services'; Provision of code: software and web design.
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