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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.
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 book considers the threarts to free speech and online commerce posed by international goverment attempting to impose such territorial statutes and standards within cyberspace.
The world of Internet law is constantly changing and is difficult to follow, even for those for whom doing so is a full-time job. This updated, everything-you-need-to-know reference removes the uncertainty.
This sector-leading text covers Internet Law in its broadest terms, providing a concise yet comprehensive introduction to what is an exciting, fast-moving and complex area of law. Analysis focuses on each of the important elements within the subject, from the implications of online contracting, distance selling and online payment, to issues arising from the emergence of Web 2.0 and the growth of social networking sites. The author also considers data protection issues, freedom of expression and defamation, and the treatment of Internet-related crimes. The text is underpinned throughout by wide-ranging references which will prove invaluable to students at both undergraduate and postgraduate level, whilst the clarity and immediate nature of the coverage will provide illumination for all readers who have an interest in the subject. The text is supported by end-of-chapter summaries, suggested further reading and questions for consideration. A useful companion website featuring regular updates on the latest developments in the subject, and containing all weblinks listed in the text, can be found at: www.palgrave.com/law/rogers
This guide explains the law and regulation in the UK as it applies to the Internet. The text is designed to help practitioners not only to identify the practical legal questions likely to arise, but also how to deal with them effectively.
The Internet is the first truly global communications medium. Anyone with a computer and an Internet connection can publish material to a potentially vast audience located in any number of countries around the world. The Internet is, at the same time, a great bastion of free speech and a medium of almost limitless international defamation. This title contains the first comprehensive analysis of the application of Anglo-Australian rules of civil defamation law to material published viathe Internet. As well as addressing the common law rules as they apply in the United Kingdom and Australia, it covers the operation of statutory modifications of the common law in each jurisdiction, the specific defences applying to Internet intermediaries, the European Union's Electronic Commerce Directive and comparative case-law from the United States. It also contains a substantial treatment of the relevant principles of jurisdiction and choice of law. The work contains a clear andnon-technical explanation of how the Internet works and the various ways in which it is used to publish material. Common Internet terms are defined in a glossary. Relevant legislation has been extracted and reproduced. As this is a field in which there are, as yet, few authorities and a large number of untested issues, the author's systematic approach towards the cause of action, defences and remedies, coupled with the frequent use of contextual examples, means this work will maintain its relevance in this fast moving area of the law. The title will be an invaluable reference for practitioners, Internet professionals, and students alike.

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