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Internet Law in Ireland

Internet Law in Ireland

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781526508010
  • 出版时间 March 2020
  • 规格: Paperback
  • 适应领域: Ireland ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,813.50

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  • 描述 
  • 大纲 
  • 详细

    The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation, this book examines such issues 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

  • 1. INTRODUCTION
    What is the internet?
    Glossary of terms: IP addresses, Bulletin boards/ News forums/ User generated content etc.
    Who has jurisdiction over online proceedings/ choice of law?
    Liability of Internet Intermediaries

    2. DEFAMATION
    Introduction
    The Tort of Defamation
    Challenges of the Internet Age
    Elements of Defamation
    Publication
    Meaning
    Identification
    Primary v Secondary Publishers
    Online authors and Website Operators
    Internet Intermediaries
    Jurisprudence in Australia and New Zealand
    ECtHR Jurisprudence
    Defences
    Premlinary Applications
    Truth
    Privilege
    Qualified Privilege
    Fair and Reasonable Publication on a matter of Public Interest
    Honest Opinion
    Innocent Publication
    Offer of Amends
    Apology
    Consent
    Defences in the UK and the US
    E-commerce Regulations
    Limitation of Actions
    Reliefs
    Damages
    Injunctions
    Jurisdiction
    Jurisdiction
    Forum non conveniens
    Choice of Law

    3. BREACH OF CONSTITUTIONAL RIGHTS
    Privacy on the internet
    Freedom of Expression
    E-Privacy Regulations

    4. DATA PROTECTION
    Data controllers, processors, subjects
    Irish legislation / Data Protection Commissioner
    GDPR
    Data retention/ erasure/right to be forgotten
    Direct Marketing

    5. CRIME
    Fraud
    Obscenity
    Cyberstalking/ harassment/'revenge porn'
    Cyber crime and security/ hacking/malware
    Contempt of Court

    6. EVIDENCE
    Service via the internet
    E-discovery
    Norwich Pharmacal Orders
    Search warrants
    Anton Pillar orders

    7. CONTRACTS
    Offer/ Acceptance/ Consideration
    Payments online
    Type of contract
    Jurisdiction/ Choice of law

    8. E-COMMERCE
    Advertising
    Financial Services/ Bitcoins
    Gambling
    Taxation

    9. INTELLECTUAL PROPERTY
    Trade marks
    Domain names
    Passing Off
    Copyright and infringement/ illegal streaming
    Patents

    10. COMPETITION LAW
    Anti-competitive agreements, dominance, abuse

    11. EMPLOYMENT
    Employer liability
    Privacy of employee
    IT misuse
    Health and Safety

    12. PRACTICE AND PROCEDURE

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