Download or read book The Internet and Constitutional Law written by Oreste Pollicino and published by Routledge. This book was released on 2016-01-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
Download or read book Intellectual Privacy written by Neil Richards and published by Oxford University Press. This book was released on 2015-01-02 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Download or read book Law of Internet Speech written by Madeleine Schachter and published by . This book was released on 2008 with total page 1164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of The Law of Internet Speech by Madeleine Schachter and Joel Kurtzberg updates and contextualizes recent developments in Internet law. The book explores the application of analytical models of First Amendment jurisprudence to Internet communications and examines the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography. The Law of Internet Speech also examines claims of on-line defamation, including an analysis of ISP immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications. A section on privacy interests explores the application of common law privacy torts to digital media, the implications of data mining and on-line profiling, and regulatory and statutory approaches to privacy protections. Authors Schachter and Kurtzberg also address proprietary interests in content, including copyright infringement and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. Application of these concepts is further explored in the context of linking, framing, and metataging. A glossary of Internet terms is also included.
Download or read book Digital Constitutionalism written by Edoardo Celeste and published by Taylor & Francis. This book was released on 2022-10-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.
Download or read book Internet Jurisdiction Law and Practice written by Julia Hörnle and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Download or read book Code written by Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig and published by Createspace Independent Publishing Platform. This book was released on 2016-08-31 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Download or read book Internet Law And Business International Issues written by Richard O Parry and published by World Scientific. This book was released on 2024-03-06 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide advanced undergraduate and graduate students with a comprehensive review and analysis of the legal, ethical and regulatory environments, both national and international, that relate to businesses and the Internet. Topics covered in the book include American constitutional law, as well European, primarily French, law on the subjects of contracts, courts, criminal law, freedom of expression, intellectual property, privacy and torts. The coverage of French law as a comparison to American law is because of its influence throughout the world. Although the Napoleonic Code was not the first code to be introduced, it has, according to reputed sources, been far more influential in the development of codes throughout the world, than any other. The laws and regulations addressed apply to all employees working at all levels of a business, and it covers contracts, sales, government relations, regulatory/legal compliance, and engineering, among others.
Download or read book The Internet and the Law written by Kathleen Conn and published by ASCD. This book was released on 2002 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers concise and sound advice for guide public school polices governing uses of the Web, e-mail, and other computer technologies.
Download or read book Cyber Rights written by Mike Godwin and published by MIT Press. This book was released on 2003-06-20 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A first-person account of the fight to preserve First Amendment rights in the digital age. Lawyer and writer Mike Godwin has been at the forefront of the struggle to preserve freedom of speech on the Internet. In Cyber Rights he recounts the major cases and issues in which he was involved and offers his views on free speech and other constitutional rights in the digital age. Godwin shows how the law and the Constitution apply, or should apply, in cyberspace and defends the Net against those who would damage it for their own purposes. Godwin details events and phenomena that have shaped our understanding of rights in cyberspace—including early antihacker fears that colored law enforcement activities in the early 1990s, the struggle between the Church of Scientology and its critics on the Net, disputes about protecting copyrighted works on the Net, and what he calls "the great cyberporn panic." That panic, he shows, laid bare the plans of those hoping to use our children in an effort to impose a new censorship regime on what otherwise could be the most liberating communications medium the world has seen. Most important, Godwin shows how anyone—not just lawyers, journalists, policy makers, and the rich and well connected—can use the Net to hold media and political institutions accountable and to ensure that the truth is known.
Download or read book Cyberlaw written by Jeffrey A. Helewitz and published by Prentice Hall. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an emerging area of law, this book explores the legal doctrines and principles that apply to the operation and development of computer technology and the Internet. It discusses the rapid legislative and judicial responses, demanded by the creation of the new technology, to resolve legal problems of the emerging technology, covering: jurisdiction, constitutional issues, e-business, property rights, and cybercrime. For individuals interested in an introduction to constitutional and business law, as well as intellectual property.
Download or read book Constitution 3 0 written by Jeffrey Rosen and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre
Download or read book Virtual Freedoms Terrorism and the Law written by Giovanna De Minico and published by Routledge. This book was released on 2021-02-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Download or read book Privacy and the Media written by Daniel J. Solove and published by Aspen Publishing. This book was released on 2020-11-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developed from the casebook¿Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues¿related to the media. Topics covered include the privacy torts, free speech, First¿Amendment, paparazzi, defamation, online gossip and social network websites. New to the Fourth Edition: New cases and notes throughout, including the addition of a leading right of publicity case from California, De Havilland v. FX Networks, LLC. This book could be used in courses including: Media law Entertainment law Cyberlaw First Amendment / free speech Privacy law Information law Torts II Journalism
