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Internet Governance And The Jurisdiction Of States
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Book Synopsis Internet Governance and the Jurisdiction of States by : Joanna Kulesza
Download or read book Internet Governance and the Jurisdiction of States written by Joanna Kulesza and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of Internet governance is taking a forever more important place in the debate on the future shape of international society. Regarding the fact that national governments have decided to regulate the international cyberspace with state laws, it seems quite certain that the starting point for all considerations of Internet governance should be the analysis of the existing rules upon which the regulating states base their competences - the rules of international jurisdiction. The paper thoroughly discusses the traditional principles of international jurisdiction, shows their practical applications known so far and contrasts them with new circumstances, specific for the Internet, in which these rules should be used. It analyses the territoriality principle, effects principle, active and passive personality principle, protective principle and the universality principle. It discusses their use in traditional international law, including a brief look at the specific concept of international spaces with their unique jurisdictional regime. It than goes on to examine each of the discussed principles for their applicability to the Internet. The article presents also a brief look at the achievements done by international private law in the domain of international jurisdiction, as an invaluable source of experience from which the evolving cyberlaws should draw. Above all it points to the problems, encountered by private international law, bound with elaborating and applying international jurisdictional rules, that have to be analyzed in the context of cyber-activity, especially e-commerce and cybertorts. The solution to the present jurisdictional puzzle, proposed in the article, comprises of finding an international compromise on the scope of rules best suited for the cyber realm and, if applicable, elaborating their modifications. Such a compromise should become a part of an international agreement. The solution should constitute a new regime of Internet governance, elaborating it however is not possible without clearly setting out the basic rules of jurisdiction, that obviously must be altered to fit the evolving circumstances.
Book Synopsis Who Rules the Net? by : Adam D. Thierer
Download or read book Who Rules the Net? written by Adam D. Thierer and published by Cato Institute. This book was released on 2003 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the World Wide Web is challenging traditional concepts of jurisdiction, governance, and sovereignty. Many observers have praised the Internet for its ubiquitous and "borderless" nature and argued that this global medium is revolutionizing the nature of modern communications. Indeed, in the universe of cyberspace there are no passports and geography is often treated as a meaningless concept. But does that mean traditional concepts of jurisdiction and governance are obsolete? When legal disputes arise in cyberspace, or when governments attempt to apply their legal standards or cultural norms to the Internet, how are such matters to be adjudicated? Cultural norms and regulatory approaches vary from country to country, as reflected in such policies as free speech and libel standards, privacy policies, intellectual property, antitrust law, domain name dispute resolution, and tax policy. In each of those areas, policymakers have for years enacted myriad laws and regulations for "realspace" that are now being directly challenged by the rise of the parallel electronic universe known as cyberspace. Who is responsible for setting the standards in cyberspace? Is a "U.N. for the Internet" or a multinational treaty appropriate? If not, whose standards should govern cross-border cyber disputes? Are different standards appropriate for cyberspace and "real" space? Those questions are being posed with increasing frequency in the emerging field of cyber-law and constitute the guiding theme of this book's collection of essays. Book jacket.
Book Synopsis Power and Authority in Internet Governance by : Blayne Haggart
Download or read book Power and Authority in Internet Governance written by Blayne Haggart and published by Routledge. This book was released on 2021-03-14 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power and Authority in Internet Governance investigates the hotly contested role of the state in today's digital society. The book asks: Is the state "back" in internet regulation? If so, what forms are state involvement taking, and with what consequences for the future? The volume includes case studies from across the world and addresses a wide range of issues regarding internet infrastructure, data and content. The book pushes the debate beyond a simplistic dichotomy between liberalism and authoritarianism in order to consider also greater state involvement based on values of democracy and human rights. Seeing internet governance as a complex arena where power is contested among diverse non-state and state actors across local, national, regional and global scales, the book offers a critical and nuanced discussion of how the internet is governed – and how it should be governed. Power and Authority in Internet Governance provides an important resource for researchers across international relations, global governance, science and technology studies and law as well as policymakers and analysts concerned with regulating the global internet.
Book Synopsis The Net and the Nation State by : Uta Kohl
Download or read book The Net and the Nation State written by Uta Kohl and published by Cambridge University Press. This book was released on 2017-05-25 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection investigates the sharpening conflict between the nation state and the internet through a multidisciplinary lens. It challenges the idea of an inherently global internet by examining its increasing territorial fragmentation and, conversely, the notion that for states online law and order is business as usual. Cyberborders based on national law are not just erected around China's online community. Cultural, political and economic forces, as reflected in national or regional norms, have also incentivised virtual borders in the West. The nation state is asserting itself. Yet, there are also signs of the receding role of the state in favour of corporations wielding influence through de-facto control over content and technology. This volume contributes to the online governance debate by joining ideas from law, politics and human geography to explore internet jurisdiction and its overlap with topics such as freedom of expression, free trade, democracy, identity and cartographic maps.
Book Synopsis The Resurgence of the State by : Sai Felicia Krishna-Hensel
Download or read book The Resurgence of the State written by Sai Felicia Krishna-Hensel and published by Routledge. This book was released on 2016-12-05 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transnational architecture of global information networks has made territorial borders less significant. Boundaries between spaces are becoming blurred in the evolving information age. But do information and communication technologies networks really lead to a weakening of the nation-state? This volume revisits the 'retreat of the state' thesis and tests its validity in the 21st century. It considers cyberspace as a matter of collective and policy choice, prone to usurpation by governance structures. Governments around the world are already reacting to the information revolution and trying to re-establish their leading role in creating governance regimes for the Information Age. The volume comes at a historical moment when new political dynamics are detected and new conceptual models are sought to categorize the attempts to deal with global/transnational issues. It will intrigue the reader with expert-level analysis of the role of the state in the emerging global/supranational governance structures by providing historical context and conceptualizing trends and social dynamics.
Author :United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Trade, Tourism, and Economic Development Publisher : ISBN 13 : Total Pages :76 pages Book Rating :4.:/5 (319 download)
Book Synopsis Internet Governance by : United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Trade, Tourism, and Economic Development
Download or read book Internet Governance written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Trade, Tourism, and Economic Development and published by . This book was released on 2011 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jurisdiction and the Internet by : Uta Kohl
Download or read book Jurisdiction and the Internet written by Uta Kohl and published by Cambridge University Press. This book was released on 2010-12-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Networks and States by : Milton L. Mueller
Download or read book Networks and States written by Milton L. Mueller and published by MIT Press. This book was released on 2010-09-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How institutions for Internet governance are emerging from the tension between the territorially bound nation-state and a transnational network society. When the prevailing system of governing divides the planet into mutually exclusive territorial monopolies of force, what institutions can govern the Internet, with its transnational scope, boundless scale, and distributed control? Given filtering/censorship by states and concerns over national cybersecurity, it is often assumed that the Internet will inevitably be subordinated to the traditional system of nation-states. In Networks and States, Milton Mueller counters this, showing how Internet governance poses novel and fascinating governance issues that give rise to a global politics and new transnational institutions. Drawing on theories of networked governance, Mueller provides a broad overview of Internet governance from the formation of ICANN to the clash at the World Summit on the Information Society (WSIS), the formation of the Internet Governance Forum, the global assault on peer-to-peer file sharing, and the rise of national-level Internet control and security concerns. Internet governance has become a source of conflict in international relations. Networks and States explores the important role that emerging transnational institutions could play in fostering global governance of communication-information policy.
Book Synopsis Internet Governance and the Domain Name System by :
Download or read book Internet Governance and the Domain Name System written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Internet Governance and the Domain Name System by : Lennard G. Krugger
Download or read book Internet Governance and the Domain Name System written by Lennard G. Krugger and published by CreateSpace. This book was released on 2014-07-15 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet is often described as a “network of networks” because it is not a single physical entity, but hundreds of thousands of interconnected networks linking hundreds of millions of computers around the world. As such, the Internet is international, decentralized, and comprised of networks and infrastructure largely owned and operated by private sector entities. As the Internet grows and becomes more pervasive in all aspects of modern society, the question of how it should be governed becomes more pressing.
Book Synopsis International Internet Law by : Joanna Kulesza
Download or read book International Internet Law written by Joanna Kulesza and published by Routledge. This book was released on 2012-03-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.
Book Synopsis Internet Jurisdiction Law and Practice by : Julia Hörnle
Download or read book Internet Jurisdiction Law and Practice written by Julia Hörnle and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio
Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Book Synopsis Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations by : Michael N. Schmitt
Download or read book Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2017-02-02 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Book Synopsis Public International Law of Cyberspace by : Kriangsak Kittichaisaree
Download or read book Public International Law of Cyberspace written by Kriangsak Kittichaisaree and published by Springer. This book was released on 2017-02-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
Download or read book Four Internets written by Kieron O'Hara and published by Oxford University Press. This book was released on 2021 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book describes the Internet, and how Internet governance prevents it fragmenting into a 'Splinternet'. Four opposing ideologies about how data flows around the network have become prominent because they are (a) implemented by technical standards, and (b) backed by influential geopolitical entities. Each of these specifies an 'Internet', described in relation to its implementation by a specific geopolitical entity. The Four Internets of the title are the Silicon Valley Open Internet, developed by pioneers of the Internet in the 1960s, based on principles of openness and efficient dataflow; the Brussels Bourgeois Internet, exemplified by the European Union with a focus on human rights and legal administration; the DC Commercial Internet, exemplified by the Washington establishment and its focus on property rights and market solutions; and the Beijing Paternal Internet, exemplified by the Chinese government's control of Internet content. These Internets have to coexist if the Internet as a whole is to remain connected. The book also considers the weaponization of the hacking ethic as the Moscow Spoiler model, exemplified by Russia's campaigns of misinformation at scale; this is not a vision of the Internet, but is parasitic on the others. Each of these ideologies is illustrated by a specific policy question. Potential future directions of Internet development are considered, including the policy directions that India might take, and the development of technologies such as artificial intelligence, smart cities, the Internet of Things, and social machines. A conclusion speculates on potential future Internets that may emerge alongside those described"--
Book Synopsis An Introduction to Internet Governance by : Jovan Kurbalija
Download or read book An Introduction to Internet Governance written by Jovan Kurbalija and published by . This book was released on 2010 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
