Oxford Handbook of Online Intermediary Liability PDF Download

Author: Giancarlo Frosio
Publisher: Oxford Handbooks
ISBN: 0198837135
Category : Law
Languages : en
Pages : 801

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Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.

Author: Giancarlo F. Frosio
Publisher:
ISBN: 9780191873911
Category : Internet service providers
Languages : en
Pages : 800

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Book Description
The theoretical--and market--background against which the intermediary liability debate developed has changed considerably since the first appearance of online intermediaries almost two decades ago. These changes have been reflected--or will soon most likely be reflected--in changing policy approaches. The role of Online Service Providers (OSPs) is unprecedented for their capacity to influence the informational environment and users' interactions within it. The ethical implications of OSPs' role in contemporary information societies are raising unprecedented social challenges. The decisions made by these platforms increasingly shape contemporary life. Therefore, whether and when access providers and communications platforms such as Google, Twitter, and Facebook are liable for their users' online activities is a key factor that affects innovation and fundamental rights. There are emerging legal, policy, and ethical issues facing online intermediaries that have so far received various inconsistent answers even within the same jurisdiction. To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Online Intermediary Liability is designed to provide a comprehensive, authoritative, and 'state-of-the-art' discussion of this topic. This book will review fundamental legal issues in online intermediary liability, while also describing advances in intermediary liability theory and identifying recent policy trends.

Author: Giancarlo Frosio
Publisher: Oxford University Press
ISBN: 0192573985
Category : Law
Languages : en
Pages : 801

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Book Description
To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

Author: Giancarlo Frosio
Publisher: Oxford Handbooks
ISBN: 0198837135
Category : Law
Languages : en
Pages : 801

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Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.

Author: Jaani Riordan
Publisher: Oxford University Press
ISBN: 0191030465
Category : Law
Languages : en
Pages : 576

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Book Description
Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.

Author: Dan Jerker B. Svantesson
Publisher: Oxford University Press
ISBN: 019879567X
Category : Law
Languages : en
Pages : 289

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Book Description
Introduction -- The tyranny of territoriality -- A new jurisprudential framework for jurisdiction -- A very brief history of internet jurisdiction -- Jurisdictional interoperability : the path forward (for now) -- Understanding the functions of jurisdictional law -- The vagueness of the law and the importance of its interpretation -- The impact of our categorisation of types of jurisdiction -- Scope of (remedial) jurisdiction -- A layered approach to jurisdiction -- The role of geo-location technologies -- A doctrine of selective legal compliance -- Final remarks

Author: Christina Angelopoulos
Publisher: Kluwer Law International B.V.
ISBN: 9041168419
Category : Law
Languages : en
Pages : 594

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Book Description
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

Author: MacKinnon, Rebecca
Publisher: UNESCO Publishing
ISBN: 923100039X
Category : Computer networks
Languages : en
Pages : 211

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Book Description
Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.

Author: Radim Polčák
Publisher: Edward Elgar Publishing
ISBN: 1786439220
Category : LAW
Languages : en
Pages : 288

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Book Description
Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.--

Author: Eleonora Rosati
Publisher: Routledge
ISBN: 1000364089
Category : Law
Languages : en
Pages : 686

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Book Description
The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.