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The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
Global Internet Law Hornbook provides students, practitioners, judges, and policymakers with a comprehensive examination of the most important concepts and methods of this rapidly evolving field of law. Each chapter is a detailed examination of cases, statutes, industry standards, norms, as well as, academic commentaries from around the world. While the emphasis is on U.S. developments, each chapter compares U.S. to EU regulations, directives, and conventions, as well as, other cross-border Internet law developments from diverse legal systems around the world. This timely and up-to-date Hornbook comprehensively examines Internet technologies, Internet governance, private international law (jurisdiction, choice of law, forum selection and enforcement of judgment), online contacts (mass market, cloud computing service level agreements, social media terms of use software licensing, and e-commerce terms of service),global consumer protection in cyberspace (FTC, state and foreign developments), cybertorts (including CDA Section 230 developments, Internet security, information torts, and negligent enablement), Internet-related privacy (including the EU Data Directive) cybercrimes (including state, federal and international developments), privacy (including extensive coverage of the Data Protection Directive and the General Data Protection Regulation) content regulations (U.S. vs. foreign), copyrights in cyberspace, trademarks and domain names, Internet-related trade secrets and patent law developments. Global Internet law is increasingly important for all lawyers, whether they are policymakers, transactional lawyers, or litigators. This Hornbook is organized around the major issues in each substantive and procedural area of law in the most accessible, contemporary, and effective manner. To help readers come to grips with the necessity of approaching the subject from a transnational perspective, this book surveys the best available U.S. and foreign cases, statutes, and commentaries covering global Internet Law developments.
This book considers the threarts to free speech and online commerce posed by international goverment attempting to impose such territorial statutes and standards within cyberspace.
Third edition of an established and frequently cited work that has been comprehensively updated to account for the burgeoning case law in the field. Significantly expanded coverage of general principles of defamation law reflects the fact that the Internet is increasingly the lens through which all defamation law is viewed.
The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users’ trust and confidence in conducting cross-border business and their sharing information online. The second edition of this book continues taking a ‘solutions to obstacles’ approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.
Which state has and should have the right and power to regulate sites and online events? Who can apply their defamation or contract law, obscenity standards, gambling or banking regulation, pharmaceutical licensing requirements or hate speech prohibitions to any particular Internet activity? Traditionally, transnational activity has been 'shared out' between national sovereigns with the aid of location-centric rules which can be adjusted to the transnational Internet. But can these allocation rules be stretched indefinitely, and what are the costs for online actors and for states themselves of squeezing global online activity into nation-state law? Does the future of online regulation lie in global legal harmonisation or is it a cyberspace that increasingly mirrors the national borders of the offline world? This 2007 book offers some uncomfortable insights into one of the most important debates on Internet governance.
This casebook explores Internet Law as a coherent if organic whole -- integrating the historical sweep of the global Internet's development with both the opportunities and problems it has brought about. The book is broad and thorough enough to be the primary or sole text for a variety of Internet-related courses, while deep enough to bring students through the important nuances of such doctrinal topics as copyright, privacy and jurisdiction without assuming any particular prior exposure to these subfields

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