Internet Law and Regulation
Graham J. H. Smith
Sweet & Maxwell, 2007 - Computer networks - 1296 pages
The fourth edition of this groundbreaking work provides a clear and authoritative explanation of a rapidly evolving area of international law. Written in jargon-free style, it helps to identify the practical legal questions likely to arise and how to deal with them effectively. It addresses key areas of contention, such as copyright, cash transactions, product liability, advertising, defamation and data protection in an international context. It updates emerging areas of importance, such as encryption, obscenity, freedom of speech, share offerings and pharmaceuticals. It includes coverage of the UK implementation of the E-Commerce Directive and the E-Signature Directive, and the Gambling Act 2005. It deals with key international issues, such as domain names and jurisdictional questions. It is also supported by a website
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El capítulo 14 trata la relación entre el derecho de la competencia e Internet y el comercio electrónico.
A GROUNDBREAKING CONNECTION TO INTERNET LAW
The new edition of Graham Smith’s work is to be welcomed for its clear and authoritative explanation of the law governing the internet both here in the United Kingdom and increasingly to the global markets and international law perspectives.
Graham Smith reflects on the multi-border nature of the internet problem and he tries his best to handle the comparative approach to the knotty problem of multiple jurisdiction disputes and legal niceties.
I met up with him at the London offices of Bird and Bird and began asking him why he had written the book. With disarming charm he said that the book had started as a short work of several hundred pages some ten years ago but has grown to become a key element in the collaboration between his firm of Bird and Bird, and Sweet and Maxwell who originally commissioned it on the off chance that it would be a popular title for busy legal professionals.
This is now essentially a book on electronic law where Graham Smith’s sheer breadth of expertise has placed him at the forefront of a work which is clearly needed today. It was not always so as Smith declared when he recited an anecdote from a client in Wales who queried what relevance this book had for their business.
In brutal Welsh, the client said the answer was ‘none’...that was until the client then had a problem involving the new technology! This is why Sweet and Maxwell realised the need for the book in the 1990s and its latest edition, in 2007, which covers such a wide range of what I would call ‘new issue’ cases. I always feel it is a good job the ancient Statute of “In Consimili Casu” (in a like case) is no longer active and binding otherwise the law really would be in a pickle if new types of action could not be heard before the courts. Much of this work looks at emerging issues and jurisdiction problems created by a global communicating device of such complexity and scope as the internet now is.
WHAT THE BOOK COVERS
I found the most relevant areas for both lawyers and laymen would be issues of cross-border liability, trade marks, domain names and protocol IP precedents.
But it is the first chapter I found intriguing where Smith explains what the internet is and how it relates to legal matters and the matters which affect our clients and everyone else. With an excellent, yet simple technical glossary, and chapters on contract and defamation which are directly applicable to a common law practice like mine, the book retains the ‘hands-on’ approach of the first edition. Smith gives a comparative approach to themes that have arisen in multiple jurisdictions, as well as the necessary detail of English law. That is its charm and relevance for all as we are dealing with what is to become a global legal system as far as the internet is concerned in the near future as new systems come online across the planet.
Smith’s jargon-free style identifies practical legal questions which are likely to arise today and he provides sage guidance on how to deal with them effectively.
“Internet Law and Regulation” in its fourth edition covers the following important areas:
• Details of key areas of contention such as copyright, trade marks and domain names, cross-border liability, internet payments, online contracts, advertising, defamation and data protection in an international context;
• Updates on emerging areas of importance such as encryption, obscenity, freedom of speech, tax and competition law;
• Key international issues such as jurisdictional questions, applicable law and EU internal market questions;
• Expert contributions from the following countries: Australia, Belgium, Canada, Finland, France, Germany, Hong King, Israel, Japan, the Netherlands, New Zealand, Singapore, Sweden, Switzerland and the USA; and
• New jurisdictions including China, Italy and Spain.
“WHAT’S THE GOING RATE FOR A CITATION?”
The aim of this book is to give all the crucial cases and