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The Law of Global Digitality



ISBN 9781032073699
Published June 27, 2022 by Routledge
272 Pages

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Book Description

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.

Table of Contents

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

 

Index

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Editor(s)

Biography

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.