Internet Newsletter for Lawyers |
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I must confess that when I received Delia's e-mail with the subject line "A heavy book", inviting me to review the 3rd edition of Graham Smith's classic Internet Law and Regulation, I didn't pay much attention to the title of the e-mail. The idea of having a free copy of such an authoritative source of information was a powerful incentive. So, when I first saw the 737 page long hard cover 'jumbo-book', I felt a little overwhelmed.
The considerable length of this book (more than twice the size of the previous edition) is mainly due to the ample international coverage, which includes 15 jurisdictions. Two of the 14 chapters (Trade Marks and Domain Names, and Enforcement and Jurisdiction) make up for almost one third of the book, although the latter goes well beyond what its title suggests by examining the impact of the Internet on miscellaneous legal disciplines (such as defamation, content liability, copyright infringement, etc) in a number of worldwide jurisdictions.
Despite the political, economic and legal changes that have taken place since the previous two editions (1996 and 1997), this book remains loyal to its original premise: the Internet is not unregulated, but hyper-regulated by both old and new laws. So, what are the reasons to buy this book?
- Even if you think you know how the Internet works, the description of players (i.e. network providers, content providers, hosts, navigation providers, etc) in Chapter 1 is incredibly helpful in terms of background.
- The tricky issue of copyright infringement is quite neatly dealt with. The same chapter also includes a good analysis of the patentability of software and business methods, although, unfortunately, the long-awaited draft Directive on patents for computer software was released shortly after the book had gone to print.
- The study of domain names disputes and online defamation is extremely detailed.
- The approach to disclaiming and restricting content liability on the web is very realistic (just what a real lawyer advising real clients wants!).
- Finally, some very technical areas, such as jurisdiction, "country of origin", content regulation and encryption are meticulously dissected.
The obvious problem with Internet-related legal issues is that the law is moving as fast as the Internet itself (e.g. recent legal developments such as the draft electronic communications privacy directive or the UK draft e-commerce regulations are not mentioned). The writers, however, are well aware of this problem and they provide supplements and updates on Sweet & Maxwell's web site.
One could say that this "heavy book" is a legal snapshot (the law is stated as at 31 July 2001), but that would be an understatement - it is a carefully sculpted work of art.
Eduardo Ustaran is a solicitor specialising in IT and Internet law at Berwin Leighton Paisner. He is chair of the Society for Computers & Law's Internet Group.
Email Eduardo.Ustaran@blplaw.com.
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