By Andrej Savin
This well timed and exact publication is a state-of-the-art evaluation of web legislations within the ecu, and specifically of the ecu regulatory framework which applies to the net. even as it serves as a severe assessment of the EU's coverage and governance tools and a comparative research, commonly contrasting American with european solutions.
The e-book starts off via interpreting the european constitutional context during which the net is regulated and a few of the coverage records which knowledgeable the law through the years. It then keeps to explain the fundamental tools in all of the appropriate fields, masking digital trade, jurisdiction, content material legislation, highbrow estate, client security, privateness and legal rules. every one is saw as a framework wherein the web is regulated. instead of offer a accomplished catalogue of appropriate tools, the writer analyses their interaction.
EU net legislations will attract teachers, scholars, and practitioners, and may be of curiosity to the legally-minded and legally-informed public because it discusses problems with common significance and interest.
Contents: Preface 1. web legislation within the eu Union 2. digital trade three. foreign Jurisdiction and appropriate legislation four. Speech and content material law five. legal responsibility of Intermediaries 6. highbrow estate 7. customer defense and advertising and marketing eight. info defense and privateness nine. electronic identification and digital funds 10. Cybercrime eleven. Concluding comments Index
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56 C-322/01 Deutscher Apothekerverband eV v 0800 DocMorris NV [2003] ECR 000. 57 C-243/01 Criminal Proceedings against Piergiorgio Gambelli and Others [2003] ECR 0000. Columns Design XML Ltd / Job: Savin_EU_Internet_Law / Division: 01-Ch /Pg. Position: 19 / Date: 1/11 JOBNAME: Savin PAGE: 20 SESS: 5 OUTPUT: Thu Dec 20 12:34:41 2012 20 EU Internet law violation of the provisions on free movement of services. Both cases illustrate nothing more than the Court’s willingness to apply its developed Single Market doctrines to the Internet.
Code and Other Laws of Cyberspace (Basic Books, New York 1999), pp. 5–6. 0 (Basic Books, New York 2006), p. 6. 37 For a general debate about code as code and some issues that highlight the difficulties of the relationship between Information Technology and regulation, see Dommerin, E. C. Asser Press, The Hague 2006). , ‘When Code Isn’t Law’, op. , on code as a function of interest group behaviour and on instances where code acts against regulation. , ‘What Larry Doesn’t Get: Code, Law and Liberty in Cyberspace’ (2000) 52 Stanford Law Review 1439.
Nevertheless, the cases serve to support the point that measures restricting the sale of goods or provision of services on the Internet are illegal, unless otherwise justified in the Treaty or by reference to the Court’s case law. In DocMorris56 the issue was whether a Dutch company which legally provided pharmaceutical services via a dispensary in Holland, by mail order and on the Internet, can also provide them on the Internet in Germany, where such sales are restricted to authorized pharmacies.