272 Pages
    by Routledge

    272 Pages
    by Routledge

    The Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are they part of a recognizable order? And if the latter, what does this order look like?

    This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than "the law of the horse", or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings together legal academics with expertise in how law has both reacted to and shaped cross-border, global Internet communication and their contributions consider whether it is possible to identify a particular mediality of law in the digital age.

    Examining whether a global law of digitality has truly emerged, this book will appeal to academics, students and practitioners of law examining the future of the law of digitality as it intersects with traditional categories of law.

    Introduction: The Law of Global Digitality

    Alexander Peukert and Matthias C. Kettemann


    Part I: Intellectual Property

    Chapter 1: Towards a Legal Methodology of Digitalisation – The Example of Digital Copyright Law

    Thomas Riis and Jens Schovsbo

    Chapter 2: Transnational Intellectual Property Governance on the Internet

    Alexander Peukert


    Part II: Data Protection/Privacy

    Chapter 3: The More the Merrier – A Dynamic Approach Learning from Prior Misgovernance in EU Data Protection Law

    Indra Spiecker genannt Döhmann

    Chapter 4: Hand a Relatively Free Hand: Data Privacy in the U.S. and the Unfortunate, but Lawful, Commodification of the Person

    Ronald J Krotoszynski


    Part III: Consumer Contract Law

    Chapter 5: The Challenge of Globalized Online Commerce for U.S. Contract and Consumer Law

    Christopher G. Bradley

    Chapter 6: Paradigms of EU Consumer Law in the Digital Age

    Felix Maultzsch


    Part IV: Media Law

    Chapter 7: Law of Digitality: Media Law – US Perspectives

    Ellen P. Goodman

    Chapter 8: European Media Law in Times of Digitality

    Stephan Dreyer/Matthias C. Kettemann/Wolfgang Schulz/Theresa Josephine Seipp


    Part V: Financial Regulation and Criminal Law

    Chapter 9: Regulating Virtual Currencies

    Roland Broemel

    Chapter 10: Criminal Law Regulation of Global Digitality: Characteristics and Critique of Cybercrime Law

    Beatrice Brunhöber


    Conclusion: The Law of Global Digitality: Findings and Future Research

    Matthias C. Kettemann and Alexander Peukert




    Matthias C. Kettemann, LL.M. (Harvard), is Professor of Innovation, Theory and Philosophy of Law at the Department for Theory and Future of Law at the University of Innsbruck, and heads research programs and groups on digital law and platform governance at the Leibniz Institute for Media Research | Hans-Bredow-Institut (Hamburg) and the Humboldt Institute for Internet and Society (Berlin).

    Alexander Peukert is Professor of Civil and Commercial Law at the Faculty of Law at Goethe University Frankfurt am Main.

    Indra Spiecker gen. Döhmann, LL.M. (Georgetown University) holds the chair of Public and Administrative Law, especially Information Law, Environmental Law and Legal Theory at the Goethe-University of Frankfurt/Main in Germany. She is also Director of the Research Institute on Data Protection, Managing Director of the Institute of European Health Politics and Social Law, both at Goethe University of Frankfurt/Main, and also Principal Investigator with the Competence Center on IT-Security (KASTEL) at the Karlsruhe Institute of Technology (KIT). Professor Spiecker publishes in the entire field of constitutional and administrative law with a special focus on information law as well as technology law.