Internet Jurisdiction Law and Practice
Title | Internet Jurisdiction Law and Practice PDF eBook |
Author | Julia Hörnle |
Publisher | Oxford University Press |
Pages | 545 |
Release | 2021-01-07 |
Genre | Law |
ISBN | 019252996X |
From a technological standpoint, geography is largely irrelevant. Data flows through the internet without regard for political borders or territories. Services, communication, and interaction can occur online between persons who may be in different countries. Illegal activities, like hacking, cyberespionage, propagating terrorist propaganda, defamation, revenge porn, and illegal marketplaces may all be remotely targeted and accessed from various countries. As such, the internet has created an interesting and complex set of challenges for the concept of jurisdiction and conflicts of law. This title takes a comparative approach covering the EU, UK, US, Germany, and China. Broken into four parts, this book delves into the notion of jurisdiction as it relates to the internet. Part I focuses on the different meanings of the concept of jurisdiction, from a legal and historical perspective, and distinguishing between the different branches of government. It will highlight the challenges created by the internet, including social media and cloud computing. Part II analyses criminal jurisdiction, in regards to both jurisdictions in cybercrime cases and jurisdictional issues relating to criminal investigations (access to the cloud) and enforcement. Part III examines jurisdiction and applicable law in civil and commercial matters, such as e-commerce B2B and B2C contracts, torts typically occurring online, and online defamation and privacy infringement. Finally, Part IV looks at regulatory jurisdiction, examining the power of the executive (whether an arm of government or independent regulator) to apply and enforce national law. It will look at aspects like the provision of online audio-visual media services and online gambling services, both of which are heavily regulated, but which can be easily provided remotely from different jurisdictions. The book concludes by analysing how the concept of jurisdiction should be adapted to ensure the rule of law by nation states and prevent international conflicts between states. This title gives a comprehensive look at the complicated subject of internet jurisdiction, essential for all dealing with jurisdictions in the modern age.
INTERNET JURISDICTION LAW AND PRACTICE
Title | INTERNET JURISDICTION LAW AND PRACTICE PDF eBook |
Author | HORNLE. |
Publisher | |
Pages | |
Release | |
Genre | |
ISBN | 9780191844454 |
Internet Jurisdiction and Choice of Law
Title | Internet Jurisdiction and Choice of Law PDF eBook |
Author | Faye Fangfei Wang |
Publisher | Cambridge University Press |
Pages | |
Release | 2010-08-12 |
Genre | Law |
ISBN | 1139488457 |
The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
Solving the Internet Jurisdiction Puzzle
Title | Solving the Internet Jurisdiction Puzzle PDF eBook |
Author | Dan Jerker B. Svantesson |
Publisher | Oxford University Press |
Pages | 289 |
Release | 2017 |
Genre | Law |
ISBN | 019879567X |
Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.
Internet Law and Regulation
Title | Internet Law and Regulation PDF eBook |
Author | Graham J. H. Smith |
Publisher | Sweet & Maxwell |
Pages | 1382 |
Release | 2007 |
Genre | Computer networks |
ISBN | 0421909900 |
This book provides a clear and authoritative explanation of the law governing the internet, both in the UK and globally. It identifies legal questions likely to arise, explains how to deal with them, and addresses key areas of contention.
Conflict of Laws and the Internet
Title | Conflict of Laws and the Internet PDF eBook |
Author | Pedro De Miguel Asensio |
Publisher | Edward Elgar Publishing |
Pages | 561 |
Release | 2024-05-02 |
Genre | Law |
ISBN | 1035315130 |
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Internet Law
Title | Internet Law PDF eBook |
Author | James Grimmelmann |
Publisher | |
Pages | 0 |
Release | 2023-07-13 |
Genre | Internet |
ISBN | 9781943689170 |