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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.
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.
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 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 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

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