Download or read book The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.

Download or read book The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2020-11-19 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users' rights. Key features include: - discussion of the fundamental rights implications of increased intermediary responsibility - critical appraisal of the current EU system, as laid down in the e-Commerce Directive, and recommendations for reform - a detailed examination of US intermediary liability law, namely Section 230 CDA and Section 512(c) DMCA - an overview of key developments in law and in practice in relation to all types of illegal online content, including copyright-infringing content, child sexual abuse material, terrorist content and hate speech - analysis of the latest regulatory developments, including the copyright in the DSM Directive, the amended Audiovisual Media Directive and the Terrorist Content Regulation. This incisive book will be a key resource for practitioners and policy makers working on issues relating to intermediary liability and illegal online content. Deploying the relevant case law, legal literature and legislative history of the topic, it will also be of value to students and academics in the field.

Download or read book Oxford Handbook of Online Intermediary Liability written by Giancarlo Frosio and published by Oxford Handbooks. This book was released on 2020 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.

Download or read book The Role of Internet Intermediaries in Advancing Public Policy Objectives written by OECD and published by OECD Publishing. This book was released on 2011-09-14 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive view of Internet intermediaries, their economic and social function, development and prospects, benefits and costs, and roles and responsibilities.

Download or read book Human Choice and Digital by Default Autonomy vs Digital Determination written by David Kreps and published by Springer Nature. This book was released on 2022-08-30 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the 15th IFIP TC 9 International Conference on Human Choice and Computers, HCC15 2022, in Tokyo, Japan, in September 2022. The 17 full papers presented were carefully reviewed and selected from 32 submissions. Summaries of 2 keynote presentations are also included. The papers deal with the constantly evolving intimate relationship between humans and technology.

Download or read book Copyright and the Court of Justice of the European Union written by Eleonora Rosati and published by Oxford University Press. This book was released on 2023-10-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.

Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

Download or read book Principles of the Digital Services Act written by Martin Husovec and published by Oxford University Press. This book was released on 2024-08-29 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond. The book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression. Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Download or read book Injunctions against Intermediaries in the European Union written by Martin Husovec and published by Cambridge University Press. This book was released on 2017-11-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

Download or read book Fostering freedom online the role of Internet intermediaries written by MacKinnon, Rebecca and published by UNESCO Publishing. This book was released on 2015-01-29 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016-06-30 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.

Download or read book An Introduction to Online Platforms and Their Role in the Digital Transformation written by OECD and published by OECD Publishing. This book was released on 2019-05-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report contains detailed profiles of twelve of the world’s leading platform companies and derives insights from those profiles about what platforms actually do, how they do it, and why they succeed financially.

Download or read book Censorship from Plato to Social Media written by Gergely Gosztonyi and published by Springer Nature. This book was released on 2023-11-25 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression. For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-total immunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way. In the book, particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all. This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years.

Download or read book Secondary Liability of Internet Service Providers written by Graeme B. Dinwoodie and published by Springer. This book was released on 2017-06-28 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.

Download or read book Cybersecurity in Poland written by Katarzyna Chałubińska-Jentkiewicz and published by Springer Nature. This book was released on 2022 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland. .