Handbook of Information Security: Information Warfare, Social, Legal, and International Issues and Security Foundations, Volume 2

Global Aspects of Cyberlaw

Julia Alpert Gladstone, Bryant University

Introduction

Jurisdiction

Jurisdiction—An Overview

Fundamental Jurisdictional Principles Under International Law

Classic U.S. Jurisdiction Principles

Jurisdiction Based on “Effects”

Fundamental Principles of Jurisdiction Under European Law

Enforcement Jurisdiction and the Yahoo! Case

Privacy

Threats to Privacy Posed by the Internet

Views of Privacy

EU Privacy Directive—Explained

Safe Harbor Compliance

Model Contract Clauses

Technological Responses to Privacy Protection

Encryption and Electronic Signatures

Encryption Exportation Regulation; United States Law and International Treaties

Electronic Signatures—Technical Overview

Regulatory Models

Intellectual Property

ISP Liability for Third-Party Copyright Infringement

Databases

Software Patents

Conclusion

Glossary

Cross References

References

Further Reading

INTRODUCTION

As we stand firmly in the 21st century, we can see that the Internet has transformed from a research network into a viable commercial marketplace. The legal framework of the Internet has also undergone significant changes from the time when John Perry Barlow declared:

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather. (Barlow, 1996)

There has been much debate as to whether national laws should ...