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Book

Cover Information Technology Law
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

Cover Information Technology Law

2. The network of networks  

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

Cover Information Technology Law

2. The network of networks  

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

Cover Information Technology Law

21. Internet domain names  

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

Cover Information Technology Law

12. Copyright infringement in the digital environment  

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 Supreme Court decision in Cartier International v British Sky Broadcasting and its application in the Nintendo cases Nintendo Co Ltd v Sky UK Ltd and Nintendo Co Ltd v British Telecommunications Plc. Finally, it describes the slightly controversial process known as speculative invoicing and examines the recent case of Mircom International v Virgin Media.

Chapter

Cover Information Technology Law

12. Copyright infringement in the digital environment  

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

Cover Information Technology Law
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 fifth edition of this ground-breaking 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 policy-makers. This fifth edition includes expanded coverage of AI authorship and computer generated works, cryptocurrency, cryptoassets and blockchain technology as well as being significantly expanded to cover developments in defamation law, net neutrality, data protection, and smart contracting.

Chapter

Cover Information Technology Law

14. Branding, trade marks, and domain names  

This chapter examines the role of trade marks in the creation of brand portfolios online, including internet addresses or domain names. It first provides an overview of branding and trade marks in the global business environment, trade mark characteristics, and the distinction between registered and unregistered trade marks, and then looks at domain names as address tools and brand identifiers. The chapter also considers early disputes over rightful ownership of trade marks 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 trade mark 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

Cover Information Technology Law

20. Obscenity in the information society  

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, non-consensual disclosure of private sexual images (revenge porn) along with private regulation of pornographic imagery and proposals for Age Verification.

Chapter

Cover Information Technology Law

3. Net neutrality  

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 as 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.

Book

Cover Information Technology Law
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

Cover Information Technology Law

14. Branding, trademarks, and domain names  

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

Cover Information Technology Law

20. Obscenity in the information society  

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

Cover Information Technology Law

3. Net neutrality  

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

Cover Information Technology Law

11. Virtual criminality  

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

Cover Information Technology Law

17. Enforcement issues  

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.