The Borders of Free Expression (Ashley Packard)
	Quantity in Basket:none Code: 978-1-57273-934-5 Price:$21.95 Title: The Borders of Free Expression Author(s): Ashley Packard Publish Date: November 2009 Pages: 168 Format: Paper
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Did you know that Internet content providers an post information legally in one country, but be sued or even prosecuted for it in another? Thinking of the Internet as a "place" has encouraged countries to regulate it as one. Many consider Internet content downloaded in their countries to be "published" there. As such, they have no compunction about asserting jurisdiction over it. National regulations and legal decisions that affect Internet content become borders for a borderless regime. This book concerns the impact of extraterritorial regulation on Internet speech. It also examines the reasons countries find it difficult to compromise on this issue, despite their commitment to free expression. Contents: Introduction: INTERNET BORDERS. Is All Law Territorial? Whose Territory is the Internet? Harmonization. A Matter of Procedure. Private International Law. Public International Law. The Danger of Doing Too Much or Too Little. The Value of Compromise. LEGAL BORDERS. Australia. Were is an Internet Tort Committed? Canada. The Home Court Advantage. Is Defamation Different on the Internet? Recognizing Foreseeability of Harm. The United Kingdom. Refining England's Approach to Internet Libel. England's Public Interest Defense. Weighing the Value of Freedom of Speech Against Personality Rights. France. Germany. Italy. Senegal. United States. Jurisdiction Based on Targeting. Targeting versus Foreseeability. The Public Policy Exception. Exporting the Constitution. HISTORICAL BORDERS. Development of Private International Law. The Continental Approach. The American Approach. Vested Rights Theory. Legal Realism. TECHNOLOGICAL BORDERS. How Geolocation Works. Why Filter? Technology and Policy. The Right to Information Access. Don't Be Evil. CONTRACTUAL BORDERS. A Derivative Obligation. When Clickwrap Agreements Are Not Useful. Trespassing on Websites. The Theory of Elephants and Mice. POLITICAL BORDERS. The Challenge of Due Process.A Multilateral Treaty for Jurisdiction. The Potential for Compromise. The EU Search for Consensus on Choice of Law. The E-Commerce Directive. Audiovisual Media Services Directive. Distinguishing Between Public and Private International Law. The Internet Governance Movement. International Arbitration. Online Dispute Resolution. PHILOSOPHICAL BORDERS. Philosophical Differences About Fairness. Applying Rules Fairly. Applying Fair Rules. American Conception of Due Process. Morality and Law. Ethical Theories. Deontological Ethics. Teleological Ethics. American Legal Realism. A Problem That Won't Go Away. Fairness and Freedom of Expression. EPILOGUE. A Shared Space. A Shared System. Author Index. Case Index. Subject Index.