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Chapter

This chapter traces the history of the internet, sometimes called the network of networks. It first looks at the origins of computer networks, beginning with the introduction of the Advanced Research Projects Agency Network or ARPANET, followed by the ALOHANET and the SATNET. The chapter then outlines the development of the internet that began when Bob Kahn built an Internetwork Protocol and also explains how the modern internet functions, along with net neutrality. Finally, it considers the third network layer, the applications layer where higher-level protocols such as Hypertext Transfer Protocol make it possible to carry out operations such as web surfing.

Chapter

Matthew Williams and David Wall

This chapter examines the nature of cybercrime and its implications for criminology. It is organized as follows. The first part traces the evolution of the Internet as an environment for the emergence of cybercrime. The second considers the various conflicting definitional problems of cybercrime and offers a method of resolving them. The third part outlines the problems with measuring cybercrime before providing an indication of the scale of the problem. The fourth part briefly explores how those problems are being resolved. The fifth part looks at the governance and regulation of cybercrime, while the final part provides an overview of the various theoretical explanations.

Chapter

This chapter focuses on media and web sources of information about crime and criminology. It first considers the different media sources—newspapers, broadcast media, and fiction—and explains their relevance to the study of criminology. The chapter provides detailed information on identifying and locating relevant source materials in the media, and outlines the different types of online information such as official publications, reports from criminology organizations, and interest groups, as well as blogs and forums. It discusses how to assess the usefulness, relevance, and reliability of materials.

Chapter

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system at both a global and country specific level.

Chapter

This chapter analyses cases of copyright infringement in the online environment. It begins by analysing some early cases regarding file-sharing technologies, including A&M Records, Inc. v Napster, Inc., MGM Studios, Inc. v Grokster, Ltd, and Sweden v Neij et al. (the Pirate Bay case). It assesses new techniques for fighting illegal file-sharing, such as blocking access to websites offering file-sharing technology or indexes with a focus on the operation of s. 97A website blocking orders. It examines the recent Supreme Court decision in Cartier International v British Sky Broadcasting which will have substantial implications for costs in these orders. Finally, it describes the slightly controversial process known as speculative invoicing.

Book

Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The ninth edition covers major new legislation in this field, including the General Data Protection Regulation and Data Protection Act 2018 l and its impact and scope; especially in the light of recent high-profile security breaches; updated coverage of patent and copyright law including consideration of the role of standard essential patents and standardisation within the IT sector, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.

Chapter

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

Chapter

This chapter discusses the law relating to the sale of goods, which lies at the heart of commercial law and regulates sales of different kinds from domestic retail to cross-border Internet transactions. Sale of goods law also lies at the heart of other aspects of commercial law, such as the law of agency, where agents are often appointed solely for the purpose of selling their principal’s goods. Contracts for finance and for insurance are further examples of transactions that often depend on the sale of goods for their entire purpose. It must be noted that a contract of sale is still a contract, even if it has special features. Therefore, all elements for establishing the contract must be present, these being offer, acceptance, consideration, certainty, and the intention to create legal relations.

Chapter

This chapter examines media representations of crime and criminals. It first considers the public's fascination with crime before turning to two main methods traditionally used by criminologists to record the reporting of crime: content analysis and discourse analysis. It then assesses the capacity of media to distort and shape public perceptions of crime, criminality, and the criminal justice system. It also explores the importance of media in forming new narratives such as citizen journalism; how young people and migrants are portrayed in the media; the depiction of crime in novels, television, and film; media classification and censorship; and the fear and panic caused by new technology and new media such as video games. The chapter concludes by describing different kinds of cybercrime such as hacking and identity theft, along with young people's use of the Internet.

Book

Information Technology Law: The Law and Society is the ideal companion for a course of study on information technology law and the ways in which it is evolving in response to rapid technological and social change. The fourth edition of this groundbreaking textbook develops its unique examination of the legal processes and their relationship to the modern ‘information society’. Charting the development of the rapid digitization of society and its impact on established legal principles, Murray examines the challenges faced with enthusiasm and clarity. Following a clearly defined part structure, the text begins by defining the information society and discussing how it may be regulated, before moving on to explore issues of internet governance, privacy and surveillance, intellectual property and rights, and commerce within the digital sphere. The author’s highly original and thought-provoking approach to the subject also makes it essential reading for researchers, IT professionals, and policymakers. This fourth edition includes expanded coverage of net neutrality, cryptocurrency, and blockchain technology as well as being significantly explained to cover developments in data retention and protection in light of significant developments in the area.

Chapter

This chapter examines the role of trademarks in the creation of brand portfolios online, including internet addresses or domain names. It first provides an overview of branding and trademarks in the global business environment, trademark characteristics, and the distinction between registered and unregistered trademarks, and then looks at domain names as address tools and brand identifiers. The chapter also considers early disputes over rightful ownership of trademarks and domain names, examining the development of cybersquatting case law before the UK and US courts. It discusses the allocation of new generic top-level domains under the New gTLD procedure and examines the legal safeguards for trademark holders under the procedure. The primary focus of the chapter is the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy and its domestic counterpart in the UK, the Nominet Dispute Resolution Service.

Chapter

This chapter examines the nature of network neutrality or net neutrality. This is a highly prized design feature of the network that all data packets shall be treated equally. It was the nature of the early network that this design feature was protected and established by visionaries such as Vint Cerf and Bob Kahn. Tim Berners-Lee the creator of the World Wide Web has written at length as to how net neutrality allowed him to create the web without asking permission from anyone. However, modern network design challenges this ‘first amendment of the internet’ and recent developments, in particular in the United States, have led to debate on whether net neutrality should be legally enshrined.

Chapter

This chapter, which examines pornography and obscenity on the internet, first provides an overview of the UK common law standard known as the Hicklin principle and the Obscene Publications Acts. It then discusses the UK standard and US statutory interventions on pornography, the impact of the case ACLU v Reno on the regulation of sexually explicit content on the internet, pseudo-images, and images depicting child abuse as the most extreme form of pornographic image, and the policing of pseudo-images in the UK and internationally. The chapter also considers the law on non-photographic pornographic images of children, along with private regulation of pornographic imagery and the new Age-verification code for adult websites.

Chapter

This chapter examines the law on virtual crimes, including those covering Internet pornography, photographs and pseudo-photographs, and multimedia products. It discusses the difficulty of applying localised concepts of obscenity—which are dictated by cultural, religious, and societal values—in the global environment of the Internet. It also considers the issue of cyber bullying and harassment. It is shown that nation states have difficulty enforcing their own policies regarding what is or is not acceptable. However, matters assume a different perspective when there is a commonality of approach between the jurisdiction where material is hosted and where it is accessed. In this, the Council of Europe Convention on Cybercrime is a significant, albeit limited, development.

Chapter

This chapter discusses five issues: the availability of patent protection for computer hardware and for computer software (computer programs); copyright in computer software; databases and the sui generis right; the Internet; and semiconductor chip protection.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter introduces the common law of passing off and the statutory regime that protects registered trade marks found in the Trade Marks Act 1994. It commences with a brief history of trade marks and the development of their legal protection. This is followed by a discussion on the ways in which legal protection of signs and symbols are justified. It then considers the international and regional background that informs and constrains the law on trade marks in the UK, with particular reference to registration and the harmonization of standards. The chapter concludes by looking at challenges posed to trade marks by electronic commerce and the use of trade marks as domain names, as well as the phenomenon of supermarket lookalikes or own brands.

Chapter

This chapter considers two main topics. It first examines the provisions of the EU’s Copyright in the Information Society Directive, which sets out to amend some provisions of copyright law better to fit the realities of an online world. It then looks at some of the issues associated with enforcement of copyright, considering the extent to which intermediaries such as Internet Service Providers (ISPs) might be held liable for infringing acts committed by their users. Attention is increasingly paid to the possibility that rights owners might proceed against users whose actions infringe their rights. In many cases this will require the cooperation of ISPs and a major component of the Digital Economy Act 2010 is concerned with the manner in which this process might be managed.

Book

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

Chapter

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved privacy, incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.