Recent Publications in Cambridge UP's Information Technology and the Law Series

• Coding Regulation: Essays on the Normative Role of Information Technology
• Cybercrime and Jurisdiction: A Global Survey
• Regulating Spam: A European Perspective After the Adoption of the e-Privacy Directive
• Unravelling the Myth around Open Source Licences: An Analysis from a Dutch and European Law Perspective
• Starting Points for ICT Regulation: Deconstructing Prevalent Policy One-liners

Coding Regulation
Essays on the Normative Role of Information Technology
Edited by Egbert Dommering, Lodewijk Asscher

Hardback (ISBN-13: 9789067042291 | ISBN-10: 9067042293)
Published November 2006 | 316 pages | 160 x 245 mm | $90.00 (C)

The collected essays in this book discuss the interaction between law and technology and the normative role of information technology. More precisely, this book focuses on the way information and communication technologies regulate our behaviour. Can information technology be an alternative for legal regulation and, if so, what are the risks? Can technology be used to circumvent constitutional safeguards? Is technology regulation just another form of self-regulation? Is regulation through technology distorting traditional balances of rights? Those are all questions that are discussed from different angles, and with different legal perspectives. The essays also discuss more general issues of legitimacy, and of transparency of the normative role of information technologies. We hope to provide a meaningful contribution to the lively debate on the relationship between law and information technology.

Cybercrime and Jurisdiction
A Global Survey
Edited by Bert-Jaap Koops, Susan W. Brenner

Hardback (ISBN-13: 9789067042215 | ISBN-10: 9067042218)
Published July 2006 | 374 pages | 245 x 160 mm | $95.00 (C)

Combating cybercrime requires law-enforcement expertise, manpower, legislation, and policy priorities within the ambit of crime-fighting. Because of the utterly transnational character of cybercrime, countries must focus on international investigation and prosecution. As cultural and legal traditions play a major part in countries' views on the exercise of criminal law and sovereignty, a unified approach to this phenomenon requires serious reflection. This book intends to contribute to a more concerted international effort towards effectively fighting cybercrime by offering an in-depth survey of views and practices in various jurisdictions. It includes chapters on the Council of Europe's Cybercrime Convention and on international co-operation in criminal matters. Thirteen country reports, written by experts in the field, are included in alphabetical order. The book concludes by discussing one of the most urgent steps that needs to be taken: resolving positive jurisdictional conflicts when several jurisdictions seek to prosecute a cybercriminal at the same time.

Regulating Spam
A European perspective after the Adoption of the e-Privacy Directive
Lodewijk F. Asscher, Sjo Anne Hoogcarspel

Hardback (ISBN-13: 9789067042208 | ISBN-10: 906704220X)
Published July 2006 | 166 pages | 245 x 160 mm | $70.00 (C)

This book presents an evaluation of recent legislative initiatives against unsolicited commercial e-mail ('spam') in the European Union. It provides an analysis of the meaning and interpretation of the new regulatory regime for unsolicited communications within the EU, and also addresses international aspects of the fight against spam, namely intra-European activities and supranational policies addressing the issue. It introduces some of the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. The book aims to provide recommendations for further research as well as practical policy measures.

Unravelling the Myth around Open Source Licences
An Analysis from a Dutch and European Law Perspective
Lucie Guibault, Ot van Daalen

Hardback (ISBN-13: 9789067042147 | ISBN-10: 9067042145)
Published April 2006 | 224 pages | 245 x 160 mm | $70.00 (C)

A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the US. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By their in-depth analysis and clear conclusions, the authors amply contribute to the understanding of this complex field that policy makers, regulators, and academics require.

Starting Points for ICT Regulation
Deconstructing Prevalent Policy One-liners
Edited by Bert-Jaap Koops, Miriam Lips, Corien Prins, Maurice Schellekens

Hardback (ISBN-13: 9789067042161 | ISBN-10: 9067042161)
Published May 2006 | 310 pages | 245 x 160 mm | $90.00 (C)

What does the term 'on-line' mean? When do we actually enter the on-line environment and leave the 'off-line' world? Is it different, separate, or even unique compared to the off-line world? In what cases do we need to regulate it, and how? These have become important, but complex questions for law-makers, policy-makers, regulators, and politicians who design regulatory frameworks to address societal changes related to fast-moving technological developments. In order to more consistently and effectively deal with ICT and Internet regulation, governments and international organizations have developed regulatory 'starting points', such as 'what holds off-line, must hold on-line' and 'regulation should be technology-neutral'. This book questions these regulatory starting points in detail and systematically explores their application, meaning and value for international e-regulation.