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Internet Law

By: Michael O'Doherty
Media of Internet Law
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Published: 27-02-2020
Format: Hardback
Edition: 1st
Extent: 688
ISBN: 9781526508010
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : €225.00
 

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Loren Epson

About Internet Law

The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour.

This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content.

With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future.

Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future.

Key cases that this book considers include:

Data protection:
Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law.
Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights.

Defamation:
Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium.
Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users.

Copyright:
Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers.
Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet.

Trade Marks:
Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service.

Employment:
Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees.

Privacy/ Harassment:
CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment.

Evidence:
Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.

Table Of Contents

Table Of Contents
1. INTRODUCTION
Introduction to the Internet
Core Principles of internet law


2. ANONYMITY
Right to Anonymity Generally
A plaintiff's right to anonymity
Dealing with the anonymity of defendants
Anonymity on the Internet


3. PRIVACY
Right to Privacy generally
Right to Online Privacy
Privacy v Freedom of Expression

4. DATA PROTECTION; GDPR
Data Protection Act 2018
Principles of Data Protection
The Right to be Forgotten
Data processing on the internet

5. DEFAMATION AND OTHER TORTS
Defamation generally
Particular features on defamation online
Categories of online pubishers
Intentional Infliction of Emotional Suffering
Malicious Falsehood

6. CONTRACT
Electronic Contracts generally
Consumer protection online
Marketing and selling of goods via the internet
Electronic Commerce

7. INTELLECTUAL PROPERTY
Copyright
Trade Marks
Passing Off
Domain Names

8. CYBER CRIME
Computer Misuse
Child sexual offences and pornography
Cyber Harassment
Hate Speech
Contempt of Court

9. COMPETITION
Competition Law generally
Anti-Competitive Conduct on the Internet
Abuse of a Dominant Position on the Internet

10. EMPLOYMENT
Dismissal law and internet use
Inappropriate use of the internet at work
Inappropriate use of the internet outside work
Employer's Right to Monitor
Bully and harassment of employees
Vicarious Liability of Employer
The Gig Economy
Internet and Recruitment

11. PRACTICE AND PROCEDURE
Jurisdiction
Service via the Internet
Use of the Internet in Court
Discovery
Privilege
Electronic evidence
Use of evidence from social media

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