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The Law of Global Digitality

Edited by: Matthias C. Kettemann, Alexander Peukert, Indra Spiecker gen. Döhmann

ISBN13: 9781032073699
Published: June 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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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 work 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.

Subjects:
IT, Internet and Artificial Intelligence Law
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