Internet Jurisdiction Law and Practice

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. Les mer
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Vår pris: 1604,-

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Leveringstid: Sendes innen 21 dager
På grunn av Brexit-tilpasninger og tiltak for å begrense covid-19 kan det dessverre oppstå forsinket levering.

Om boka

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.

Fakta

Innholdsfortegnelse

1: A Brief Introduction
2: "Head in the Clouds": The Clash Between Territorial Sovereignty, Jurisdiiction, and the Territorial Detachment of the Internet
3: The Jurisdictional Challenge Answered - Enforcement Through Gatekeepers on the Internet
4: Julia Hoernle and Elif Mendos Kuskonmaz: Criminal Jurisdiction - Concurrent Jurisdiction, Sovereignty, and the Urgent Requirement for Co-ordination
5: Jurisdiction of the Criminal Courts in Cybercrime Cases in Germany and England
6: Digital Investigations in the Cloud - Criminal Enforcement Co-operation
7: Data Protection Regulation and Jurisdiction
8: Julia Hoernle and Ioannis Revolidis: Civil and Commercial Cases in the EU: Jurisdiction, Recognition and Enforcement, Applicable Law - Brussels Regulation, Rome I and II Regulations
9: Conflicts of Law and Internet Jurisdiction in the US
10: Consumer Protection and Jurisdiction
11: Conflicts of Law in Privacy, Data Protection and Defamation Disputes: German and English Law
12: Intellectual Property: Internet Jurisdiction and Applicable Law
13: Conclusion

Om forfatteren

Julia Hoernle is Professor of Internet Law at the Centre for Commercial Law Studies at Queen Mary University of London. She has taught and researched internet law and cybercrime law since 2001, after having worked as a solicitor. Her research interests focus on the issues of cross-border regulation and dispute resolution on the internet. She has published over 60 articles and three books. She has taught internationally at Beijing, Shanghai, Vienna, and Singapore.
She has also been a research scholar at Georgetown University in Washington DC. She is also the Managing Editor of the International Journal of Law and Information Technology (Oxford University Press). She has acted as expert on issues related to international internet dispute resolution for the UK
government, the European Commission and the Council of Europe.