Cyber Law in the United States of America

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in the United States of America covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure.

Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the United States of America will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

The Author

List of Abbreviations

General Introduction

Chapter 1. General Background of the Country

Chapter 2. Telecommunications Infrastructure

Chapter 3. The Information and Communications Technologies Market

Chapter 4. E-Commerce Facts and Figures

Chapter 5. E-Government Initiatives

Part I. Regulation of the ICT Market

Chapter 1. Regulatory Framework of the Telecommunications Sector

Chapter 2. Regulation of Competition in the ICT Market

Chapter 3. Regulation of Cryptography and Other Dual-Use Goods

Chapter 4. Legal Status of Standardization

Chapter 5. Legal Status of Out-of-Court Dispute Settlement in the ICT Sector

Part II. Protection of Intellectual Property in the ICT Sector

Chapter 1. Application of Copyright in the Area of ICT

Chapter 2. Legal Protection of Software

Chapter 3. Legal Protection of Databases

Chapter 4. Legal Protection of Computer Chips

Chapter 5. Other Intellectual Property Rights in the ICT Sector

Chapter 6. Internet Domain Name Registration

Part III. ICT Contracts

Chapter 1. Hardware Contracts

Chapter 2. Software Contracts

Chapter 3. Turnkey Contracts

Chapter 4. Distribution Agreements

Chapter 5. Maintenance Contracts

Chapter 6. Facilities Management

Chapter 7. Network Services

Chapter 8. Government Contracts

Part IV. Electronic Transactions

Chapter 1. Legal Status of Electronic Transactions

Chapter 2. Regulation of Electronic Signatures and Certification Services

Chapter 3. Legal Aspects of Electronic Banking

Chapter 4. Protection of Users of Electronic Services

Part V. Noncontractual Liability

Chapter 1. Negligence

Chapter 2. Liability of Network Operators

Chapter 3. Liability of Service Providers

Chapter 4. Product Liability

Part VI. Privacy Protection

Chapter 1. Regulation of Personal Data Processing

Chapter 2. Protection of Telecommunication Privacy

Part VII. Computer-Related Crime

Chapter 1. General Legal Development

Chapter 2. Application of Criminal Procedure Law in the Area of ICT

Selected Bibliography

Index