Study guide
Net Neutrality
Lecture notes, class notes, academic articles and textbook notes. Ideal for exams, coursework and essays. The debate on net neutrality is a debate on the future shape of the internet. It questions whether the internet should remain open and impartial by treating all data packets (irrespective of their content, destination or source) in an identical manner or whether Internet Service Providers (ISPs) can differentiate between data packets when transferring them in order to achieve certain aims ...
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Network and Data Sovereignty
States retain control over how their citizens behave in the online environment through a host of laws and regulatory initiatives. Cyber-paternalism has prevailed in this way. Moreover, the divide between countries on critical matters such as online freedom of expression is not a new issue. However, in recent years States have become more vocal in their ambitions for network and, more commonly, data sovereignty, with China and Russia being two good examples. However, other regional initiatives re...
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Regulating the Digital Environment
Lecture notes, textbook notes, academic articles and class notes on regulating the digital environment. From the London School of Economics and Political Science. Notes consider whether it is possible to regulate the information society given its particular characteristics and, if so, how the information society should be regulated. We shall stray from traditional legal analysis into the wider field of governance or regulation to examine how lawmakers, lawyers and others can bring control and...
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Balancing Privacy, Data Protection and Free Speech Online
These notes introduce two key philosophies underpinning freedom of expression, including freedom of expression online. The US philosophy, 'the marketplace of ideas', envisages minimal governmental intervention in order to preserve freedom of thought, autonomy and democratic speech. The European philosophy allows for governmental content regulation provided certain safeguards are present. Such differing philosophies regarding the relative value of free speech when balanced with other rights and...
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Computer Misuse
The internet is the greatest tool and forum for human creativity ever developed. It allows us to be creative in a way unlike any other tool and it allows for the sharing of the fruits of our creativity and fore collaborative creativity in a way we never imagined possible. Terms such as user-generates content, remix, fanfiction and many others have entered our conscience. However, every creative act may be seen by copyright holders to be a destructive act or an act of parasitical creation. How do...
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State Surveillance
The extent to which state surveillance of electronic communications is permissible has been the subject of much debate since Edward Snowden's revelations in the Summer of 2013. State surveillance raises critical questions about how the balance should be struck between the individual's right to respect for his private and family life, his home and his correspondence and the State's duty to investigate and thwart serious criminal threats. Here, we will examine the legal framework applicable t...
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Copyright in the Digital Environment
These notes begin by exploring the nature of information and its many forms (text, audiovisual media, hyperlinks, news aggregation, cultural and technical products) and how the production, use and ownership of these is complicated by the online environment. Is there a fundamental contradiction in the enforcement of intellectual property rights and the 'copy, download, paste and upload' ethos many users of the internet rely on? What should we do about Peer-to-Peer systems and streaming of content...
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Platform Power and Digital Consumer Concerns
The digital environment gives consumers a wider choice of products and services, and lower prices, but it also creates a lot of concerns for them. Platforms are only becoming more powerful, which materially changes the balance of contracting power and influence in online transactions, to the detriment of the consumer. Furthermore, consumers are confronted with different forms of integrated advertising when they go online and nudged into certain decisions by certain design choices (so-called dark...
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The Emergent Legal Issues of the Sharing Economy
Some of the fastest-growing companies are now so-called “gig economy” employers. The world’s largest holiday letting company owns no hotels or properties while the world’s largest taxi firm owns few vehicles. Some believe the massive success of these companies is achieved at the cost of lack of protection for "employees" (so-called) and for customers. The call for companies such as AirBnB and Uber to be more closely regulated is now being answered by governments and other regulators. Wh...
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Obscenity and Pornography in the Information Society
These notes consider how pornographic and obscene content, as well as criminal speech, is regulated in the informational society. It analyses the distinction between indecent content and obscene content and examines how the law applies to child abuse images as well as pseudo-images. How should we regulate the problem of online obscenity and indecency? Who should be responsible? Is this a legal issue or a code issue?
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Children's Rights in the Digital Environment
The main theme of these notes will be the increasing ‘datafication’ of children online and special attention is given to children’s rights to privacy and data protection. We will then move on to the specific protection for children’s personal data as provided by data protection law. Containing lecture notes, academic discussion and class notes, these notes reflect on how to interpret the GDPR in a children’s rights-inspired manner and what this means in practice.
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Intermediary Liability
Containing lecture notes, class notes, textbook notes and academic discussion, these notes discuss whether platforms should be held responsible for the illegal content they host and, in particular, what the shift from intermediary liability exemption to a more active duty of care would entail.
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Extremism, Bullying and Harm in the Information Society
This week's lecture looks at a variety of issues surrounding crime and law enforcement in the Information Society including online harassment and bullying, terrorist activity promulgated by computer and internet, phishing and computer fraud and identity theft. We will ask how law enforcement bodies can police these types of activity. These notes examine and evaluate how the law responds to harmful content including harassment, bullying and extremist content as well as the risk of fraud and iden...
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GDPR
Containing lecture notes, class notes, academic discussion and textbook notes, these notes consider in what ways it can be said that the data protection regime is broad in scope and what objectives such a broadly framed data protection regime seeks to achieve.
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Automated Decision-Making and Profiling
Broadly, these notes will examine such challenges and identify how the law has sought to regulate automated decision-making. We examine the privacy and public policy implications of employing algorithmic processes to profile individuals and to make decisions of legal impact.
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