Solving the Internet Jurisdiction Puzzle
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Product details:
- Publisher OUP Oxford
- Date of Publication 5 October 2017
- ISBN 9780198795674
- Binding Hardback
- No. of pages282 pages
- Size 241x172x24 mm
- Weight 582 g
- Language English 0
Categories
Short description:
This book deals with the topic of Internet jurisdiction, and why territoriality is not suitable in determining this area. Svantesson surveys possible solutions advanced in the area of Internet jurisdiction, as well as assessing the new proposals for law reform that demand a paradigm shift in relation to jurisdiction.
MoreLong description:
Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar.
In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic.
The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction.
While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.
Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.
A remarkably thorough and innovative contribution to a crucial debate. Moving beyond strict territoriality is indeed key to prevent a legal arms race and properly address the exercise of sovereignty in the digital age.
Table of Contents:
Introduction
The Tyranny of Territoriality
A New Jurisprudential Framework for Jurisdiction
A Very Brief History of Internet Jurisdiction
Jurisdictional Interoperability - The Path Forward (for now)
Understanding the Functions of Jurisdictional Law
The Vagueness of the Law and the Importance of its Interpretation
The Impact of our Categorisation of Types of Jurisdiction
Scope of (Remedial) Jurisdiction
A Layered Approach to Jurisdiction
The Role of Geo-Location Technologies
A Doctrine of Selective Legal Compliance
Concluding Remarks
