Hardback
Research Handbook on Electronic Commerce Law
The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
More Information
Critical Acclaim
Contributors
Contents
More Information
Electronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields.
This authoritative Research Handbook comprises chapters by leading scholars in the field. Their explanations and insights will provide a solid foundation for newcomers to the subject, and will also broaden and deepen the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law.
This authoritative Research Handbook comprises chapters by leading scholars in the field. Their explanations and insights will provide a solid foundation for newcomers to the subject, and will also broaden and deepen the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law.
Critical Acclaim
‘The sheer diversity of material covered is strongly indicative of how the field of “e-commerce law” has grown and continues to grow in scale, scope and diversity. Overall, this is an interesting and
useful book which has much to commend it.’
– Stuart Cross, The Edinburgh Law Review
‘Editor John Rothchild, who is himself a well-regarded author in the field of e-commerce, has gathered an impressive assembly of well-known authors for this fine Handbook of essays relating to many specific aspects of the ever-burgeoning global e-commerce revolution. The essays deliver clear information and evaluations regarding intellectual property, contracts, payment systems, dispute resolution, trade agreements, cloud computing, taxation, extraterritoriality/international conflict of laws, consumer protection, regulatory approaches, and much, much more. The Handbook will be of great value for legal and business practitioners, or for anyone else seeking information about how the law has so far dealt with e-commerce, plus expert suggestions for how the law might deal with it in the future.’
– Margaret Jane Radin, University of Toronto Faculty of Law, Canada, and University of Michigan Law School, US
‘This Research Handbook, by presenting readers with a valuable opportunity to view – through a variety of “windows” – the complex and multi-faceted regulatory environment for the expanding world of online commercial activities, is a timely addition to the library on the laws of e-commerce.’
– Roger Brownsword, King’s College London, UK
useful book which has much to commend it.’
– Stuart Cross, The Edinburgh Law Review
‘Editor John Rothchild, who is himself a well-regarded author in the field of e-commerce, has gathered an impressive assembly of well-known authors for this fine Handbook of essays relating to many specific aspects of the ever-burgeoning global e-commerce revolution. The essays deliver clear information and evaluations regarding intellectual property, contracts, payment systems, dispute resolution, trade agreements, cloud computing, taxation, extraterritoriality/international conflict of laws, consumer protection, regulatory approaches, and much, much more. The Handbook will be of great value for legal and business practitioners, or for anyone else seeking information about how the law has so far dealt with e-commerce, plus expert suggestions for how the law might deal with it in the future.’
– Margaret Jane Radin, University of Toronto Faculty of Law, Canada, and University of Michigan Law School, US
‘This Research Handbook, by presenting readers with a valuable opportunity to view – through a variety of “windows” – the complex and multi-faceted regulatory environment for the expanding world of online commercial activities, is a timely addition to the library on the laws of e-commerce.’
– Roger Brownsword, King’s College London, UK
Contributors
Contributors: A. Bridy, S. Brown Walsh, N.R. Cahn, I. Calbol, M.W. Carroll, C.M. Hayes, S.J. Hughes, A. Katz, J.P. Kesan, N.S. Kim, C.L. Kunz, A.R. Levinson, D.F. Lindsay, C.N. Markou, S.T. Middlebrook, J.M. Moringiello, E.A. Morse, J.P. Nehf, C. Riefa, S.E. Rolland, J.A. Rothchild, A.J. Schmitz, D.J. Shakow, S.B. Spencer, H. Travis, M. Trimble, A.A.I. Vranaki, J.K. Winn
Contents
Contents:
PART I ENGAGING WITH ONLINE RESOURCES
Section A: Online Contracting
1. Wrap contracting and the online environment: Causes and cures
Nancy S. Kim
Section B: Payments
2. Substitutes for legal tender: Lessons from history for the regulation of virtual currencies
Stephen T. Middlebrook and Sarah Jane Hughes
3. Mobile payments and financial inclusion: Kenya, Brazil, and India as case studies
Jane K. Winn
Section C: Access to Digital Assets
4. Digital assets and fiduciaries
Suzanne Brown Walsh, Naomi Cahn and Christina L. Kunz
PART II: Disputes Arising from Online Engagement
Section D: Intellectual Property: Copyright
5. The economics of book digitization and the Google Books litigation
Hannibal Travis
6. Digital exhaustion: North American observations
Ariel Katz
7. Safe harbors from intermediary liability and social media
Michael W. Carroll
8. Copyright''s digital deputies: DMCA-plus enforcement by Internet intermediaries
Annemarie Bridy
Section E: Intellectual Property: Trademarks
9. Contributory trademark infringement on the Internet: Shouldn’t intermediaries finally know what they need to “know” and “control”?
Irene Calboli
Section F: Intellectual Property: Patents
10. Patent eligible subject matter after Alice
Jay P. Kesan and Carol M. Hayes
Section G: Enforcement: Jurisdiction Over Online Disputes
11. Extraterritorial enforcement of national laws in connection with online commercial activity
Marketa Trimble
Section H: Enforcement: Secured Financing
12. Electronic issues in secured financing
Juliet M. Moringiello
Section I: Enforcement: Alternative Dispute Resolution
13. Building trust in ecommerce through online dispute resolution
Amy J. Schmitz
Section J: Social Media and the Workplace
14. Social media and the National Labor Relations Board
Ariana R. Levinson
PART III REGULATORY OVERSIGHT OF ONLINE CONDUCT
Section K: Consumer Protection
15. Consumer protection issues in cross-border ecommerce
Sonia E. Rolland
16. App-solutely protected? The protection of consumers using mobile apps in the European Union
Christiana N. Markou and Christine Riefa
Section L: Network Neutrality
17. Understanding network neutrality
John A. Rothchild
Section M: Regulated Industries Online
18. Regulation of online gambling
Edward A. Morse
Section N: Privacy
19. Protecting privacy with “heightened” notice and choice
James P. Nehf
20. Predictive analytics, consumer privacy, and ecommerce regulation
Shaun B. Spencer
21. Cloud investigations by European data protection authorities: An empirical account
Asma A.I. Vranaki
Section O: Domain Names
Domain name governance: “Scheherazade on steroids”
David F. Lindsay
Section P: Taxation of Online Transactions
23. The taxation of cloud computing and digital content
David J. Shakow
Index
PART I ENGAGING WITH ONLINE RESOURCES
Section A: Online Contracting
1. Wrap contracting and the online environment: Causes and cures
Nancy S. Kim
Section B: Payments
2. Substitutes for legal tender: Lessons from history for the regulation of virtual currencies
Stephen T. Middlebrook and Sarah Jane Hughes
3. Mobile payments and financial inclusion: Kenya, Brazil, and India as case studies
Jane K. Winn
Section C: Access to Digital Assets
4. Digital assets and fiduciaries
Suzanne Brown Walsh, Naomi Cahn and Christina L. Kunz
PART II: Disputes Arising from Online Engagement
Section D: Intellectual Property: Copyright
5. The economics of book digitization and the Google Books litigation
Hannibal Travis
6. Digital exhaustion: North American observations
Ariel Katz
7. Safe harbors from intermediary liability and social media
Michael W. Carroll
8. Copyright''s digital deputies: DMCA-plus enforcement by Internet intermediaries
Annemarie Bridy
Section E: Intellectual Property: Trademarks
9. Contributory trademark infringement on the Internet: Shouldn’t intermediaries finally know what they need to “know” and “control”?
Irene Calboli
Section F: Intellectual Property: Patents
10. Patent eligible subject matter after Alice
Jay P. Kesan and Carol M. Hayes
Section G: Enforcement: Jurisdiction Over Online Disputes
11. Extraterritorial enforcement of national laws in connection with online commercial activity
Marketa Trimble
Section H: Enforcement: Secured Financing
12. Electronic issues in secured financing
Juliet M. Moringiello
Section I: Enforcement: Alternative Dispute Resolution
13. Building trust in ecommerce through online dispute resolution
Amy J. Schmitz
Section J: Social Media and the Workplace
14. Social media and the National Labor Relations Board
Ariana R. Levinson
PART III REGULATORY OVERSIGHT OF ONLINE CONDUCT
Section K: Consumer Protection
15. Consumer protection issues in cross-border ecommerce
Sonia E. Rolland
16. App-solutely protected? The protection of consumers using mobile apps in the European Union
Christiana N. Markou and Christine Riefa
Section L: Network Neutrality
17. Understanding network neutrality
John A. Rothchild
Section M: Regulated Industries Online
18. Regulation of online gambling
Edward A. Morse
Section N: Privacy
19. Protecting privacy with “heightened” notice and choice
James P. Nehf
20. Predictive analytics, consumer privacy, and ecommerce regulation
Shaun B. Spencer
21. Cloud investigations by European data protection authorities: An empirical account
Asma A.I. Vranaki
Section O: Domain Names
Domain name governance: “Scheherazade on steroids”
David F. Lindsay
Section P: Taxation of Online Transactions
23. The taxation of cloud computing and digital content
David J. Shakow
Index
