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Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, fight crime, and increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. The Tilburg Institute for Law, Technology, and Society have undertaken a research project examining the reasonable expectations of privacy and the reality of data protection. The project is aimed at developing an...

This book presents an evaluation of recent legislative initiatives against unsolicited commercial e-mail ('spam') in the European Union. It provides an analysis of the meaning and interpretation of the new regulatory regime for unsolicited communications within the EU, and also addresses international aspects of the fight against spam, namely intra-European activities and supranational policies addressing the issue. It introduces some of the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. The book aims to provide recommendations for further research as...

Combating cybercrime requires law-enforcement expertise, manpower, legislation, and policy priorities within the ambit of crime-fighting. Because of the utterly transnational character of cybercrime, countries must focus on international investigation and prosecution. As cultural and legal traditions play a major part in countries' views on the exercise of criminal law and sovereignty, a unified approach to this phenomenon requires serious reflection. This book intends to contribute to a more concerted international effort towards effectively fighting cybercrime by offering an in-depth survey...

The collected essays in this book discuss the interaction between law and technology and the normative role of information technology. More precisely, this book focuses on the way information and communication technologies regulate our behaviour. Can information technology be an alternative for legal regulation and, if so, what are the risks? Can technology be used to circumvent constitutional safeguards? Is technology regulation just another form of self-regulation? Is regulation through technology distorting traditional balances of rights? Those are all questions that are discussed from...

Internet Law and Custom discusses international regulation of the Internet from two perspectives: international conventions and customary law. The first part of the book discusses issues posed by the emergence of the Internet and analyses relevant international treaties. In particular, the first assessment of the new Convention on electronic contracts is discussed. The second part of the book deals with the emerging customary norms developed by the Internet community. Firstly, the importance of custom from historical perspective is discussed, followed by the analysis of the concept of...

Fighting the War on File Sharing aims at a multi-faceted understanding of why peer-to-peer services currently fail to gain their full potential in our society. The analysis focuses on music-file sharing. Three parts of the book (???The Morality of Regulation by Architecture???, ???The Economics of Peer-to-Peer in Music??? and ???Intellectual Property Rights for Music File Sharing???) investigate the positions and opinions that individual disciplines can offer. As these analyses yield partial solutions, the final part of the book provides an institutional framework and applies it to produce...

An examination of how constitutional rights and human-rights policy have been affected by new technological developments.

An examination of how private and state regulations govern our behaviour on the Internet.

INTRODUCTION George Bernard Shaw wrote when a stupid man is doing something he is ashamed 1 of, he always declares that it is his duty. Years earlier La Rochefoucauld noted, hypocrisy is the homage vice pays to virtue. But whether stupid or wise, men are not just hypocritical; they are often honestly unsure where their duty lies. This is one of the main reasons for the creation of rules and exceptions to these rules. This book looks at the law of copyright, exceptions to copyright, which apply to Higher Education Institutions (hereinafter HEIs) and the position of the academic author in...