Chris Reed Widely acknowledged as the standard text in the field Combines a sound theoretical foundation with a strong commercial focus making it equally valuable for industry specialists as for those coming to the subject for the first time Concise and accessible coverage of a broad range of issues make it ideal as an introduction and as a more advanced point of reference Written by an expert contributor team combining specialist academics and practitioners in the field Updated to reflect the Digital Economy Act Reflects changes to consumer protection law at EU level since the last edition Takes into account evolving industry phenomena such as off-shoring, cloud computing and Web 2. All chapters have been revised to take into account the rapid evolution of the ways in which we consume, generate, store and exchange information, such as cloud computing, off-shoring and Web 2.
You can help by adding to it. February See also: Software law IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws.
Intellectual property is an important component of IT law, including copyrightrules on fair useand special rules on copy protection for digital media, and circumvention of such schemes.
The area of software patents is controversialand still evolving in Europe and elsewhere. In various countries, areas of the computing and communication Computer law are regulated — often strictly — by governmental bodies.
There are rules on the uses to which computers and computer networks may be put, in particular there are rules on unauthorized accessdata privacy and spamming. There are also limits on the use of encryption and of equipment which may be used to defeat copy protection schemes.
The export of hardware and software between certain states within the United States is also controlled. There are laws on censorship versus freedom of expression, rules on public access to government information, and individual access to information held on them by private bodies.
There are laws on what data must be retained for law enforcement, and what may not be gathered or retained, for privacy reasons. In certain circumstances and jurisdictions, computer communications may be used in evidence, and to establish contracts. New methods of tapping and surveillance made possible by computers have wildly differing rules on how they may be used by law enforcement bodies and as evidence in court.
Computerized voting technology, from polling machines to internet and mobile-phone voting, raise a host of legal issues. Some states limit access to the Internet, by law as well as by technical means.
Jurisdiction[ edit ] Issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. Jurisdiction is an aspect of state sovereignty and it refers to judicial, legislative and administrative competence.
Although jurisdiction is an aspect of sovereignty, it is not coextensive with it. The laws of a nation may have extraterritorial impact extending the jurisdiction beyond the sovereign and territorial limits of that nation.
This is particularly problematic as the medium of the Internet does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of lawsparticularly private international law.
An example would be where the contents of a web site are legal in one country and illegal in another.
In the absence of a uniform jurisdictional code, legal practitioners are generally left with a conflict of law issue. Another major problem of cyberlaw lies in whether to treat the Internet as if it were physical space and thus subject to a given jurisdiction's laws or to act as if the Internet is a world unto itself and therefore free of such restraints.
Those who favor the latter view often feel that government should leave the Internet community to self-regulate. John Perry Barlowfor example, has addressed the governments of the world and stated, "Where there are real conflicts, where there are wrongs, we will identify them and address them by our means.
We are forming our own Social Contract. This governance will arise according to the conditions of our world, not yours.
Our world is different". Human civilization is developing its own collective mind. All we want is to be free to inhabit it with no legal constraints. Since you make sure we cannot harm you, you have no ethical right to intrude our lives.
With the internationalism of the Internet, jurisdiction is a much more tricky area than before, and courts in different countries have taken various views on whether they have jurisdiction over items published on the Internet, or business agreements entered into over the Internet.
This can cover areas from contract law, trading standards and tax, through rules on unauthorized accessdata privacy and spamming to more political areas such as freedom of speech, censorship, libel or sedition. Certainly, the frontier idea that the law does not apply in " Cyberspace " is not true.
In fact, conflicting laws from different jurisdictions may apply, simultaneously, to the same event. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet.
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So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand.
Thus, in the U. This system runs into conflicts, however, when these suits are international in nature. Simply put, legal conduct in one nation may be decidedly illegal in another.COMPUTERLAW GROUP LLP, formerly RUSSO & HALE LLP, is a boutique intellectual property law firm led by Jack Russo (former managing partner of RUSSO & HALE LLP), a distinguished SF Bay Area attorney with more than 30 years of successful legal practice supporting computer and other high-tech industry professionals' intellectual property needs.
In conclusion, Computer Law is a useful designation of specialized subject area in law, partly because it requires knowledge of arcane areas in law, and partly because it also requires an understanding of computer technology (i.e., hardware and software).
Review from previous edition: "For any lawyer or aspiring lawyer interested in computer law, this book, edited by two experienced computer lawyers, furnishes a sound theoretical introduction, many of the authors being distinguished specialist academics or practitioners, or initiativeblog.coms: 2.
In conclusion, Computer Law is a useful designation of specialized subject area in law, partly because it requires knowledge of arcane areas in law, and partly because it also requires an understanding of computer technology (i.e., hardware and software). IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws.
Intellectual property is an important component of IT law, including copyright, rules on fair use, and special rules on copy protection for digital media, and circumvention of such schemes.
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