GlobalInternet Law in a Nutshell begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It briefly covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing including social media terms of use, the protection of online intellectual property assets, global consumer law, the protection of online privacy, criminal liability for Internet activity, and European Community statutes such as the General Data Protection Regulation, E-Commerce Directive, Brussels Regulation, and Rome I Regulation. The Third Edition presents a concise discussion of cloud computing and social media terms of use. Each chapter of this revised edition updates the key cases and statutory developments from the United States, Europe, and around the world. This book is an ideal beginning textbook as well as starting point for most Internet-related research. This short treatise provides a succinct summary of e-commerce law developments around the world.
Social Media Law examines social and new media issues through the lens of law and policy. With the recent explosion in social networking and the use of social media and new media, it is essential for attorneys and law students to understand the trends in these new platforms when advising clients of the potential risks and pitfalls of social media and social networking use. In six comprehensive sections copyright and fair use, freedom of speech, business law, in the courtroom, privacy, and cybercrime Social Media Law addresses the current and pressing issues in this dynamic area of law. If you are even remotely involved or interested in the legalities of social media you need this exhaustive textbook "
The media today are frequently in conflict with people in the public eye - be they politicians and celebrities - over the disclosure of private information and behaviour. Historically, journalists have had latitude to 'name and shame' malfeasance of public officials and criminal behaviour, but disputes are increasingly emerging over disclosure of non-criminal personal behaviour, family issues and sexual orientation, leading commentators to question what information can really be described as being in the 'public interest'. In this book, leading academics, commentators and journalists consider the extent to which privacy is warranted for activities outside the scope of their professional lives or when disclosure reveals duplicity related to reputations, brands, images and public personas built and conveyed through media by political and celebrity figures.
Convergence, participatory culture, multimedia technologies, and social media platforms are creating new communicative opportunities that fundamentally influence citizenship and journalism. Social media present a staggering breadth of legal and ethical matters to consider. The limits and laws of free expression in this new media landscape are beginning to emerge both domestically and internationally, causing us to ask the following questions: How do we conceive of privacy? Should the law protect citizen journalists? How do social media affect ethical obligations of journalists and public relations professionals?<BR> These are just a few of the issues raised by the new social media landscape. Myriad standards of professional ethics command compliance in order for various media industries to function. Scholarly researchers of social media have not yet focused on the rights of expression and ethical obligations of the new media environment.<BR> This volume will address the scope and nature of this developing environment of expression with chapter topics ranging from privacy, cyber-bullying, and harassment to defamation, intellectual property rights, and online safety.
For lawyers, the proverbial "smoking gun document" of the pre-internet era has given way to the "smoking gun tweet." In recent years, Facebook, Twitter, blogs, and other social media channels have become an evidentiary gold mine for impeaching witnesses and undermining a company's litigation position. Social Media as Evidence: Cases, Practice Pointers, and Techniques will assist any lawyer who encounters social media in their daily law practice.
Social media has transformed how the world communicates. Its impact has been felt in every corner of our society including the law. Social Media Law in a Nutshell is a wide-ranging look of how the social media transformation has impacted various legal fields. From marketing to employment to torts to criminal law to copyright and beyond, virtually every legal field has been changed by social media. By looking at high level concerns and example cases, Social Media Law in a Nutshell attempts to give practitioners exposure to social media issues and concerns so they can better advise clients and approach the new social media world with their legal eyes opened to new and old risks alike. This book can also serve as a text for law professors looking to expose law students to the burgeoning area of Social Media Law.
The 2008 global financial crisis represented a pivotal moment that separated prior phases of the development of financial technology (FinTech) and regulatory technology (RegTech) from the current paradigm. Today, FinTech has entered a phase of rapid development marked by the proliferation of startups and other new entrants, such as IT and ecommerce firms that have fragmented the financial services market. This new era presents fresh challenges for regulators and highlights why the evolution of FinTech necessitates a parallel development of RegTech. In particular, regulators must develop a robust new framework that promotes innovation and market confidence, aided by the use of regulatory "sandboxes." Certain RegTech developments today are highlighting the path toward another paradigm shift, which will be marked by a reconceptualization of the nature of financial regulation.
Interaction between finance and technology is not novel. The abacus is a testament to the long-standing relationship between the two. But the 2008 global financial crisis (GFC) represented a pivotal moment that separated prior phases of the development of financial technology (FinTech) and regulatory technology (RegTech) from the current paradigm.
Today, FinTech has entered a phase of rapid development marked by the proliferation of startups and other new entrants, such as IT and ecommerce firms that have fragmented the financial services market. This new era presents fresh challenges for regulators and highlights why the evolution of FinTech necessitates a parallel development of RegTech. In particular, regulators must develop a robust new framework that promotes innovation and market confidence, aided by the use of regulatory "sandboxes."
Currently in its second stage of development, RegTech is being used by both institutions and regulators to address increasingly cumbersome compliance processes. But regulators have yet to unlock the transformative potential of RegTech. We argue that certain RegTech developments today are highlighting the path toward another paradigm shift, which will be typified by a reconceptualization of the nature of financial regulation. This "RegTech 3.0" will involve a regulatory approach that is as datacentric as the markets it monitors.
Regulatory and technological developments are changing the nature of financial markets, services, and institutions in ways completely unexpected before the 2008 global financial crisis (GFC). Financial technology, or FinTech, refers to the use of technology to deliver financial solutions.
The second stage, FinTech 2.0, encompasses the pre-GFC period underpinned by the digitization of traditional financial services, beginning with the first ATM and culminating in e-banking. Since the GFC, the rapidity of technological development and the proliferation of startups and IT firms providing financial services have characterized the era of FinTech 3.0.
The rapid evolution of FinTech demands a similar evolution of RegTech. RegTech, a contraction of the terms regulatory and technology, describes the use of technology, particularly information technology (IT), in the context of regulatory monitoring, reporting, and compliance.
We also characterize the development of RegTech in a series of stages. RegTech 1.0, a pre-2008 paradigm, was largely driven by industry but involved a partnership with regulators that was based on an overreliance on quantitative internal risk management systems. This stage was followed by RegTech 2.0, an era that is beginning to be driven by financial market participants and regulators who are using technology to enhance regulatory compliance and streamline its component processes.
Although the GFC constituted a turning point in both FinTech and RegTech development, these phenomena differ in terms of their underlying factors and beneficiaries. Far from being a subset of FinTech, RegTech should be considered a connected but distinct phenomenon.
FinTech is not a new concept. The term FinTech can be traced to the early 1990s8 and now refers to a rapidly developing evolutionary process across financial services.9 This trend only began to attract the attention of regulators,10 industry participants, consumers, and academics in 2014, as illustrated in Figure 1.
The evolution of FinTech has unfolded in three stages, summarized in Table 1. The first, which we call FinTech 1.0, occurred from 1866 to 1967, when the financial services industry remained largely analogue despite being heavily interlinked with technology. The next period, FinTech 2.0, extended from 1968 to 2008, an era characterized by the development of digital technology for communications and transactions and thus the growing digitization of finance. Since 2009, in the period we call FinTech 3.0, new startups and established technology, ecommerce, and social media companies have begun to deliver financial products and services directly to the public as well as to businesses, including banks.11
3a8082e126