Internet Law and Regulation
“The broad scope of this book and the depth of its coverage make it the definitive English law textbook on e-commerce and an indispensable source of reference for any practitioner advising in this area”.
PLC magazine Jan/Feb 2002
“Its international dimension makes the book a real tour de force – an essential guide and companion in protecting both the firm and its clients from the many dangers the internet presents.”
Rupert Kendrick in the Solicitors Journal 22 March 2002
Chapters
- Overview of the Internet
Graham Smith - Copyright, Patents and Confidential Information
Graham Smith, Hilary Pearson - Trade Marks and Domain Names
Graham Smith - Defamation
Graham Smith - Content Liability and Protection
Graham Smith - Enforcement and Cross-border liability
Graham Smith - Data Protection
Ruth Boardman - Communications and Broadcasting Regulation
Graeme Maguire - Contracts between ISPs, Content Owners & Others
Graham Smith - Electronic Contracts and Transactions
Graham Smith, Simon Phillips - Payment Mechanisms for Internet Commerce
Trystan Tether - Prohibited and Regulated Activities
Graham Smith, Felicity Reeve, Paul O'Dowd, Trystan Tether, Charles Proctor, Lorna Brazell, Jane Mutimear - Tax
Peter Fisher - Competition Law and the Internet
Richard Eccles
1. Overview of the Internet – Graham Smith
This introductory chapter looks at the structure of the Internet: who's who and what they do: from content providers to hosts and administrators, to navigation providers and transaction facilitators.
2. Copyright, Patents and Confidential Information - Graham Smith, Hilary Pearson
This section covers the range of copyright issues raised by the Internet including search engines, web linking and peer to peer. The chapter also deals with database right, the transfer and use of confidential information on the Internet and the patent issues relating to software and business methods.
3. Trade Marks and Domain Names – Graham Smith
Domain names have proven themselves to be one of the aspects of the Internet most likely to generate disputes. This chapter looks at court decisions and dispute resolution policies such as the ICANN Uniform Dispute Resolution Policy. It also includes local practice in 19 jurisdictions (including the UK and the USA) and how disputes are likely to be handled.
4. Defamation – Graham Smith
Who is liable for defamatory statements on the internet and what constitutes publication? This section addresses these perennially topical questions and also discusses the UK Defamation Act 1996 - one of the first pieces of legislation in the world to attempt to address these issues.
5. Content Liability and Protection – Graham Smith
Starting with liability for erroneous information on websites, this chapter progresses to liability of on-line intermediaries, employers' liability for employee use of the Internet and access to workplace communications. It also examines liability for virus dissemination.
6. Enforcement and Cross-border liability – Graham Smith
Knowing your rights on the Internet is little use if you cannot enforce them. This chapter discusses methods of identifying wrongdoers and enforcing rights. It goes on to look at the difficult question of jurisdiction and applicable law on the Internet - across 19 different countries.
7. Data Protection – Ruth Boardman
Interactive Web sites can collect a vast array of data about their users. How can this data be used without breaking the law? What is regarded as personal data on the Internet? This chapter reviews the UK Data Protection Act 1998, implementing the EU Directive on Data Protection.
8. Communications and Broadcasting Regulation – Graeme Maguire
This chapter lays out the current regulatory framework for telecommunications and broadcast licensing in the context of the Internet and looks at some of the regulatory issues which are likely to arise in the future.
9. Contracts between ISPs, Content Owners & Others –Graham Smith
Setting up a Web site and providing Internet services involve site owners and service providers in a wide range of contractual situations. This chapter looks at: - contracts with Web site designers and hosts - sponsorship and advertising agreements - Internet access agreements - agreements between access providers - peering agreements
10. Electronic Contracts and Transactions – Graham Smith, Simon Phillips
When and how is a contract over the Internet formed? This chapter looks at the contract principles and the formalities of contracting as they apply to the Internet. It discusses electronic signatures, electronic evidence and legislative approaches to electronic transactions. The chapter also looks at exclusions and limitations, consumer protection, and distance selling regulation.
11. Payment Mechanisms for Internet Commerce – Trystan Tether
As business use of the World Wide Web increasingly moves on from promotional activity to direct selling of goods and services, so the question of secure payment mechanisms has risen to the top of the agenda. This chapter looks at the issues and problems of electronic payment including fraud and financial services.
12. Prohibited and Regulated Activities – Graham Smith, Felicity Reeve, Paul O'Dowd, Trystan Tether, Charles Proctor, Lorna Brazell, Jane Mutimear
Gambling, pornography and encryption are some of the potentially contentious areas covered by this chapter. Advertising and financial services are other areas which are likely to pose problems. The legal issues which apply to these areas are discussed here as are the wider policy questions posed by cross-border content and the clash of differing national content laws.
13. Tax – Peter Fisher
What features of the Internet give rise to particular tax differences? This chapter looks mainly at VAT issues but also deals with some of the direct tax points.
14. Competition Law and the Internet – Richard Eccles
This chapter offers a comprehensive account of European and domestic competition law as it applies to the Internet.