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Internet Law

By: Michael O'Doherty
Media of Internet Law
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Published: 29-11-2019
Format: Hardback
Edition: 1st
Extent: 688
ISBN: 9781526508010
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : £170.00
 

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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 defamation, data protection, e-commerce and intellectual property.

This book examines key pieces of legislation such as the EU General Data Protection Regulation and Defamation Act 2009; forthcoming legislation such as the Harmful Digital Communications Act; and the EU ePrivacy Regulation, which aims to ensure stronger privacy rules for all electronic communications.

Ireland has the European headquarters of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter. As such, many of the key cases involving such firms are being played out in Irish courts, eg Schrems v Data Protection Commissioner.

Other key cases that this book considers are:

Data protection:
Savage v Data Protection Commissioner & Google Ireland [2016]/224CA/239CA (judgment of 9th February 2018) – the first Irish case to consider the seminal Google Spain judgment, in relation to the potential liability under data protection law of Google for the results generated by its search engine.

Defamation:
Monroe v Hopkins [2017] EWHC 433 – 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. Also: Coleman v MGN [2012] IESC 20

Employment:
Barbulescu v Romania(ECHR Grand Chamber, 6 September 2017) – a significant judgment in relation to an employer's right to monitor the electronic communications of its employees, which overturned an earlier decision of the lower Chamber. Also: Reilly v Bank of Ireland [2015] IEHC 241

Copyright:
Sony Music v UPC [2016] IECA 231 – a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers.

Privacy/ Harassment:
CG v Facebook [2016] NICA 54 – Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments by one of its users post-notification that the alleged harassment was taking place.

Contract:
Meyer v. Uber Technologies, Inc. (US Court of Appeals, 16-2750-cv, 16-2752-cv, 17 August 2017) – a recent US Court of Appeal decision in relation to the prominence that must be given to terms and conditions when entering a contract via a mobile app. Also: Ryanair Ltd v Billigfluege.de GmbH/Ticket Point Reiseburo GmbH[2015] IESC 1

Table Of Contents

1. INTRODUCTION
Introduction to the Internet
Core Principles
2. ANONYMITY
Right to Anonymity Generally
Anonymity on the Internet
3. PRIVACY
Right to Privacy Generally
Right to Online Privacy
Privacy v Freedom of Expression
'Super Injunctions'
4. DATA PROTECTION
GDPR
Data Protection Act 2018
Principles of Data Protection
Remedies
Data Use Online
5. DEFAMATION AND OTHER TORTS
Defamation
Negligence
Intentional Infliction of Emotional Harm
Malicious Falsehood
6. CONTRACT
Electronic Contracts Generally
Marketing and Selling of Goods Online
Electronic Commerce
7. INTELLECTUAL PROPERTY
Copyright
Passing Off
Domain Names
Trade Marks
Patents
8. CRIME
Cyber Harassment
Cyber Crime
9. COMPETITION
Competition Law Generally
Anti-Competitive Conduct on the Internet
Abuse of a Dominant Position on the Internet
10. EMPLOYMENT
Internet Use and the Workplace
Online Harassment at Work
Employer's Right to Monitor
Vicarious Liability of Employer
Internet and Recruitment
The 'gig economy'
11. PRACTICE AND PROCEDURE
Jurisdiction
Service via the Internet
Use of the Internet in Court
Discovery
Evidence
Privilege

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