Gringras: The Laws of the Internet

Description

The free flow of information and services around the world via the Internet constantly creates new issues and problems, such as rules of jurisdiction and applicable law, how new products and services should be regulated and many more. Gringras: The Laws of the Internet Fifth Edition is updated with numerous new practical examples, cases (court cases and ICO complaint cases), laws and developments, including the following: Foreword to the First Edition Preface to the Fifth Edition Table of Cases Table of Statutes Table of Statutory Instruments Chapter 1 Introduction Language and networks InterNetworking The internet The cost Internet concepts IP addresses and domain names Email Pseudo-anonymity Instant messaging (IM) Bulletin boards Forums User-generated content File transfer protocol World Wide Web This book New and evolving issues Chapter 2 Contract Formation of contract Contracting via the internet Pre-contract information Offers and invitations to treat Acceptance Consideration Intention Performance: payment Internet payment Credit card non-payment Digital cash non-payment Type of contract Exhaustion of rights Retention of title Using is copying Implied licence Express licence Auctions Jurisdiction Brussels Regulation and Lugano Convention Choice of law The Rome Convention Express choice of law Absence of choice Chapter 3 Tort Introduction The internet and those involved in it Over-arching legal topics EU Law – the Electronic Commerce (EC Directive) Regulations 2002 Identifying internet users – law and technology The rule in Norwich Pharmacal Joint liability Jurisdiction and choice of law in tort cases Defamation Overview of the law Distinction between libel and slander Who may sue and be sued – individuals, corporations and public bodies Special damage and financial loss Defamatory statements The requirement for publication Publication by linking The one-year limitation period and the ‘single publication rule’ Joint and vicarious liability for publication General defences Defences for disseminators of statements etc Remedies The international element – jurisdiction and choice of law in defamation Possible impact of press regulation on news sites Malicious falsehood Overview Elements of the tort Examples of malicious falsehoods Malicious falsehood and the internet Damages for malicious falsehood Malicious falsehood – the international element Other deliberate torts Deceit Assault and harassment Wrongful interference with property Liability for patent infringement The nature of a patent and the patent application process Patent law – international co-operation and harmonisation An overview of substantive patent law Patentable subject matter in Europe Infringement and the internet Jurisdiction and choice of law in patent cases Negligence Negligent mis-statement Negligent provision of services beyond static advice Negligence resulting in damage to computers or data Negligence causing injury to internet users Negligence resulting in damage beyond data and computer operations Jurisdiction and choice of law in negligence Chapter 4 Intellectual property Trade marks, domain names and passing off Technical rights versus legal rights The nature of trade mark protection Domain names Trade marks versus domain names Registration of trade marks Signs that can be registered as trade marks Absolute grounds of refusal Registering in relation to goods and services Classification Opposition and registration Registration of domain names Trying to identify the domain name owner Bad faith registrations Trade mark infringement Use of a sign in the course of trade Use must affect the trade mark functions In relation to goods and services Identical sign to registered trade mark Similar or identical sign with similar or identical goods or services Dilution protection Metatags, keywords and sponsored links Defences Trade mark infringement remedies Remedies against internet service providers Passing off Goodwill of claimant Misrepresentation by defendant Misrepresentations involving domain name Damage Instrument of fraud claim Protective domain name measures Check availability of domain name Register domain name Clear use of domain name Protect domain name with trade mark registration Consider domain name dispute rules Uniform resolution dispute policy Formal issues Factual issues Legal issues Timing of the arbitration Copyright Copyright protection Protected works Scope of copyright protection Qualification requirements Term of protection Exhaustion Internet examples Hyperlinks Databases Moral rights and the internet Paternity Integrity Waiver of rights Copyright and database right infringement Copyright prohibited acts Copying Issuing copies to the public Renting or lending to the public Performing, showing or playing in public Communication to the public Making or acts in relation to an adaptation Database infringement A substantial part Defences Licences Text and data analysis Caricature, parody or pastiche Backup copies Decompilation Observing, studying and testing of computer programs Database rights exceptions The internet defences Contractual restrictions Copyright infringement and the internet: examples Blocking Jurisdiction over infringement Jurisdiction Jurisdiction and EU domiciles Jurisdiction over intellectual property and non-EU domiciles Copyright, digital agenda for economy and EU single market developments VAT and ebooks Chapter 5 Crime Computer misuse Introduction Section 1: unauthorised access Section 2: hacking to offend further Section 3: unauthorised acts to impair or to prevent or hinder access Section 3A: making, supplying or obtaining articles for use in computer misuse Jurisdiction and extradition Internet fraud Obscene and indecent material Publication over the internet Indecent material Transmission, retrieval and downloading Liability of internet service providers Anti-terrorism and terrorist materials Threat to electronic systems Liability for terrorist material Cyberstalking/harassment The Protection from Harassment Act Protection of Freedoms Act 2012 Malicious Communications Act Section 127 of the Communications Act Evidence Common law presumption The evidential burden Contempt of court Challenges presented by the digital world What is contempt of court? Contempt by jurors Revenge porn Chapter 6 Data and data protection Introduction Commercial imperatives/personal perspectives The legislative landscape Data Protection Act 1998 ePrivacy and electronic communications Data retention and (police) investigatory powers Anti-terrorism, crime and security Directive on data retention Data protection Personal data Processing Processors and controllers Data protection notification Principles of data protection Enforcement Direct marketing Transparency requirements Consent requirements Penalties and enforcement Data retention and disclosures for law enforcement Restrictions on interception of communications Obligations to provide access to data Obligations to retain data Chapter 7 Taxation UK tax – general Sole trader, partnership or company? Business profits UK residence The source of profits and taxable presence UK permanent establishment Withholding taxes OECD and G20 developments VAT Introduction Exempt and zero-rated supplies The VAT system in the UK VAT and supplies made via the internet EU VAT developments Chapter 8 Competition law and the internet Introduction to competition law The legal framework Anti-competitive agreements and abuse of a dominant position UK cartel offence Market investigations Merger control Sector-specific legislation Anti-competitive agreements Undertakings Agreements and concerted practices Decisions of associations of undertakings May affect trade Jurisdiction Object or effect Prevention, restriction or distortion of competition Appreciability Market definition Convergence Exemptions Anti-competitive conduct Dominance Abuse Enforcement procedure Complaints Investigation Interim measures Orders to terminate infringements Commitments Fines Whistleblowing/leniency Cartel offence Private rights of action Merger control EC Merger Regulation UK Enterprise Act Market investigations Chapter 9 Regulation of networks, services and consumer contracts Regulation of ISP networks and services Application of the General Conditions of Entitlement to ISPs and VoIP providers Regulations ensuring the availability of ‘universal service’ Net neutrality Codes of conduct Regulation of audiovisual media services On-demand programme services Regulation of ‘television licensable content services’ Advertising on the internet Liability of ISPs as intermediaries Regulation of consumer contracts made over the internet Scope Information requirements Cancellation Regulation of other products and services provided online Financial services Online gambling Index