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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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ICT Law: Policy and Regulation

Publication abandoned lge

ISBN13: 9781405755337
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Publication Abandoned

ICT Law: Policy and Regulation presents a systematic guide to ICT law in the context of the specific policies that shape it, with explanation of technical and economic factors to assist practical understanding.

Laws governing ICT are numerous, relating to matters as diverse as telecoms market regulation, administration of resources like radio frequencies and domain names, creation of utilities such as electronic money and electronic signatures and practices such as eprocurement and electronic privacy and lawful surveillance.

This comprehensive title will prove invaluable for practitioners who struggle to get to grips with this broad area and provides a clear and succinct guide on navigating this wide and complex field. The book is fully up-to-date with the latest legislative changes including the major EU reform of the Telecoms Package.

ICT Law: Policy and Regulation also provides a commentary companion to the Butterworths E-Commerce and IP Law Handbook and cross-references extensively to this.

Publication abandoned lge
Telecommunications Law
1. Introduction
1.1 The "information society" and its tools
1.2 Law, regulation and policy
1.3 Actors
2. The network as an object of law and regulation
2.1 Types of networks
2.2 Telecommunications: From PTTs to a competitive market
2.3 Regime for public electronic communications networks and services (mainly EU/EEA: Commission and NRA roles and administrative law framework, authorization system, doctrine of "technology neutrality" compared with US "network neutrality", transparency system, broadcast and internet aspects)
2.4 Ensuring access and interoperability between and among networks
2.5 Universal service provision
2.6 Standards and their regulatory and self-regulation character
2.7 Sector-specific market definition and remedies on uncompetitive markets
2.8 Regulation of radio networks including satellite (including CEPT's role)
2.9 Regulation and self-regulation of network and end-user equipment
3. Public good resources and their administration
3.1 Radio spectrum (ITU, EU and national regulatory roles including change towards "service neutrality")
3.2 Numbering administration
3.3 Establishment and imposition of rights of way and facility sharing
3.4 Administration of orbital slots and frequenCustomerscies (ITU and UN)
3.5 Administration of domain names and related addressing elements
3.6 Domain name dispute resolution
3.7 Internet governance,
the evolving internet
4. Regimes for facilitating applications and commerce
4.1 The "Lisbon" and "Tunis" agendas
4.2 Electronic commerce (the E-Commerce Directive in comparative and historical perspective
implications and interpretation for contract formation and ISP liability
relation to Rome I as to private international law issues)
4.3 Electronic money and signatures as facilitators of "e-transactions"
4.4 Contracts for e-services and e-products: types and content
4.5 Specific methods and types of standard terms for e-procurement
4.6 The e-business and online collaboration (adaptation of juridical entities)
4.7 Software licensing terms and competition policies
4.8 Treatment of ICT in international trade policy (WTO and EU)
4.9 E-dispute resolution
5. The computer as an object of law and regulation
5.1 Extension of standard IPR protection to ICT work products
5.2 Specific ICT-related IPR and design rights regimes
5.3 The software patent debate
5.4 The US' ITAR export controls and their impact on ICT-related contracts
5.5 Computer-related torts and due diligence
6. The ICT user as an object of law and regulation
6.1 Data protection and privacy
the safe harbour regime in practice and defects
6.2 Regulation of commercial communication strategies (audiovisual contentregulation spam)
6.3 Cybercrime (hacking, viruses, denial of service, violation of conditional access, "cyberbullying")
6.4 Information security and scenarios for potential liability
7. The digital state and the citizen
7.1 Lawful interception of communications,
regulation of data acquisition
7.2 Freedom of e-expression,
control regimes over content
7.3 Enforcement in a globalized information society
8. Conclusions and future challenges