Solving the Internet Jurisdiction Puzzle

Solving the Internet Jurisdiction Puzzle
Title Solving the Internet Jurisdiction Puzzle PDF eBook
Author Dan Jerker B. Svantesson
Publisher Oxford University Press
Total Pages 289
Release 2017
Genre Law
ISBN 019879567X

Download Solving the Internet Jurisdiction Puzzle Book in PDF, Epub and Kindle

Introduction -- The tyranny of territoriality -- A new jurisprudential framework for jurisdiction -- A very brief history of internet jurisdiction -- Jurisdictional interoperability : the path forward (for now) -- Understanding the functions of jurisdictional law -- The vagueness of the law and the importance of its interpretation -- The impact of our categorisation of types of jurisdiction -- Scope of (remedial) jurisdiction -- A layered approach to jurisdiction -- The role of geo-location technologies -- A doctrine of selective legal compliance -- Final remarks

Solving the Internet Jurisdiction Puzzle

Solving the Internet Jurisdiction Puzzle
Title Solving the Internet Jurisdiction Puzzle PDF eBook
Author Dan Jerker B. Svantesson
Publisher Oxford University Press
Total Pages 256
Release 2017-10-06
Genre Law
ISBN 0192515195

Download Solving the Internet Jurisdiction Puzzle Book in PDF, Epub and Kindle

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 Jurisdiction Law and Practice

Internet Jurisdiction Law and Practice
Title Internet Jurisdiction Law and Practice PDF eBook
Author Julia Hörnle
Publisher Oxford University Press
Total Pages 494
Release 2021-01-07
Genre Law
ISBN 0192529951

Download Internet Jurisdiction Law and Practice Book in PDF, Epub and Kindle

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.

Private International Law and the Internet

Private International Law and the Internet
Title Private International Law and the Internet PDF eBook
Author Dan Jerker B. Svantesson
Publisher Kluwer Law International B.V.
Total Pages 760
Release 2021-08-05
Genre Law
ISBN 9403511133

Download Private International Law and the Internet Book in PDF, Epub and Kindle

In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

Government Cloud Procurement

Government Cloud Procurement
Title Government Cloud Procurement PDF eBook
Author Kevin McGillivray
Publisher Cambridge University Press
Total Pages 315
Release 2021-12-16
Genre Law
ISBN 1108837670

Download Government Cloud Procurement Book in PDF, Epub and Kindle

An essential, in-depth analysis of the key legal issues that governments face when adopting cloud computing services.

Data Sovereignty

Data Sovereignty
Title Data Sovereignty PDF eBook
Author Anupam Chander
Publisher Oxford University Press
Total Pages 409
Release 2023
Genre Law
ISBN 0197582796

Download Data Sovereignty Book in PDF, Epub and Kindle

"The internet was supposed to end sovereignty. "Governments of the Industrial World, you weary giants of flesh and steel, you have no sovereignty where we gather," John Perry Barlow famously declared. Sovereignty would prove impossible over a world of bits, with the internet simply routing around futile controls. But reports of the death of sovereignty over the internet proved premature. Consider recent events"--

Landmark Cases in Defamation Law

Landmark Cases in Defamation Law
Title Landmark Cases in Defamation Law PDF eBook
Author David Rolph
Publisher Bloomsbury Publishing
Total Pages 208
Release 2019-08-22
Genre Law
ISBN 1509916717

Download Landmark Cases in Defamation Law Book in PDF, Epub and Kindle

Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.