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internet.law.nz, revised 4th edition (PBO)

internet.law.nz, revised 4th edition (PBO)

David Harvey,

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Explores the impact of the internet on jurisdictions and analyses the effects of the technology on copyright, tortious liability, evidence and criminal law. Also considers substantial recent changes in statute and case law including Harmful Digital Communications Act; Search and Surveillance Act and amendments to the Electronic Transactions Act.

Format: Practitioner Book Online

This title is also available in hardcopy and eBook formats.
ISBN: 9781927313800
eISBN: 9781927313817

Description

This revised 4th edition focusses on key areas of importance and relevance to practitioners, professionals and students of cyber and internet law, who wish to have an understanding of law with regards to the internet.

 

Features

The revised 4th edition contains new and updated material examining the following topics:


• recent case law and legislation including the Harmful Digital Communications Act; the Search and Surveillance Act and amendments to the Electronic Transactions Act
• speech harms, cyber-bullying and harassment in social and other media
• e-discovery and evidence and the impact of the Search and Surveillance Act
• online defamation and content regulation
• use of Information technology in court
• recent developments in internet governance since 2011.


This revised 4th edition differs from the earlier impression as it includes:


• commentary on ‘digital property’ in light of the supreme court decision in the case of Dixon v R
• discussion of the Harmful Digital Communications Act (the text has been written to reflect the structural changes between the Bill and the Act).

 

Related LexisNexis Products

Cheer, U., Burrows and Cheer Media Law in New Zealand, 7th edition, 2015
Electronic Business and Technology Law, Format: one-volume looseleaf, online
Tokeley, K., Consumer Law in New Zealand, 2nd ed., 2015
Patrick, G., et al, Social Media and the Law, 2014

Author

Judge David Harvey was appointed to the District Court Bench in 1989 after 18 years as a litigator. In addition to his judicial duties, he has lectured at the Faculty of Law, Auckland University in Law and Information Technology since 2000. He is recognised as an authority on Internet Law and the impact of new technologies on law and legal thinking. He has edited various publications in the field of Law and IT, and has written extensively in the field and has presented papers at conferences on law and IT issues in New Zealand and internationally.

Table of Contents

Chapter I Law Online


         Accessibility
         Authoritative material
         Judicial decisions online
         Issues related to the transitory nature of web-based information — Link rot
         Using Wikipedia
         Blogs


Chapter II Governance and Regulation


         The governance taxonomy
         The taxonomy in summary
         Governance by governments
         A Digital Magna Carta?


Chapter III Domain Name Disputes


         The background to ICANN
         Domestic approaches to domain names in New Zealand – The Common Law
         The New Zealand dispute resolution service


Chapter IV Harassment and Harmful Digital Communications


         Regulating the content layer
         Online harassment, cyberbullying and cyberstalking
         Legislative remedies
         Harassment by blog
         Revenge pornography


Chapter V Content Regulation, Defamation and Reputational Harms


         Defamation on the Internet
         Murray v Wishart — appeal
         Other remedies for reputational harm


Chapter VI Jurisdiction — Which Court, Which Law


         Service
         What a defendant may do — opposition to jurisdiction and forum non conveniens
         Application of existing provisions to Internet transactions
         Effecting service by email and social media
         Criminal jurisdiction and the Internet


Chapter VII Computer Crimes


         Crimes involving computers
         The effectiveness of the computer crimes provisions
         Cybercrime, cyberterrorism or cyberwarfare
         Sentencing for computer crime


Chapter VIII Evidence Issues


         Documents in the digital environment
         The New Zealand High Court Rules
         Search orders
         Preservation orders
         Search warrants, seizure and electronic interception
         Computer-based evidence — s 137 of the Evidence Act 2006


Chapter IX Information Technology in Court


         The image of the courthouse or individual courtroom
         Introducing technology to court
         Examples of information technology use in the court process
         The technology taxonomy
         Remote testimony and alternative means of giving evidence
         Using technology to enhance evidence communication
         Electronic bundles of documents in civil and criminal proceedings
         Technology-enhanced static evidence
         The level playing field, technology failure and the allocation of responsibility


Chapter X Cybertrespass, Cyberconversion and Spam


         The property problem
         Cybertrespass
         Domain names and cyberconversion
         Spam


Chapter XI Online Business Relationships


         Mistake and website transactions
         Duty of care
         The Electronic Transactions Act 2002


Chapter XII Digital Copyright Issues


         Technological protection measures and paracopyright
         File sharing 606

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