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This groundbreaking book explores the new legal and economic
challenges triggered by big data, and analyses the interactions
among and between intellectual property, competition law, free
speech, privacy and other fundamental rights vis-a-vis big data
analysis and algorithms. Offering both theoretical and practical
insights, contributions illustrate the disruptive nature of the
data-driven economy. Chapters discuss how products and services are
digitalised and broken into bits, that in turn are reassembled,
traded and used across sectors and borders, in contrast to how
algorithms are already used to influence our choices, govern our
news feeds and revolutionise business models at large. Having shown
algorithms and big data to be the two fundamental driving forces of
the new information society, expert authors explore which policy
options, institutional frameworks and values should be adopted by
lawmakers and regulatory authorities in order to ensure a fair
balance between private interests such as competition, innovation
and the fundamental rights of individuals. Innovatively combining
both public and private law perspectives, this unique book will
provide a valuable resource for scholars and students of
information and technology law, media law, privacy, regulatory and
human rights law. Its attention to the latest developments will
also prove essential for policymakers and practitioners working in
related areas.
This timely and thought-provoking book explores how the protection
of copyright in the digital age requires a reconsideration of how
this is balanced with other fundamental rights and freedoms.
Analysing the impact of the rise of digital technologies and the
internet on copyright regimes, it particularly focuses on the
effects of recent reforms to the EU's legal framework for the
protection and enforcement of copyright. Taking a comparative
approach, contributions from both leading and emerging scholars
offer a variety of perspectives and methodologies through which to
examine copyright law in the context of the digital economy. They
investigate issues such as the relationship between private and
public enforcement mechanisms, the parallels and divergences
between US and European approaches, and the influence of the Court
of Justice of the EU and the European Court of Human Rights on
national courts and the European legal regime. Scholars of
comparative and European law, as well as those with a particular
interest in copyright in the context of digital technologies will
find this an essential read. It will also prove useful to
practitioners looking to understand recent trends in the
interpretation of the EU legal framework around copyright.
Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan,
M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M.
Riccio, O. Soldatov, A. Strowel, A. Trapova
This important and topical book provides a comprehensive overview
of the challenges raised by blockchain from the perspective of
public law. It considers the ways in which traditional categories
of public law such as sovereignty, citizenship and territory are
shaped, as well as the impact of blockchain technology on
fundamental rights and democratic values. Articulated in two
sections, the first analyses the opportunities and the challenges
that blockchain and distributed ledger technologies raise in the
field of public and constitutional law, while the second highlights
challenges derived from the intersection between blockchain and
other legal fields such as contract law, financial law and
antitrust law. A wide variety of expert contributions offer further
examinations of the constitutional challenges of blockchain
technologies that provide regulatory options for governments and
lawmakers. Blockchain and Public Law will be a critical point of
reference for scholars and students of legal theory, public policy
and governmental law. It will also be beneficial to legal
practitioners and lawmakers to further develop their knowledge of
the field of blockchain at national and international levels.
Debates on the human-rights implications of new and emerging
technologies have been hampered by the lack of a comprehensive
theoretical framework for the complex issues involved. This volume
provides that framework, bringing a multidisciplinary and
international perspective to the evolution of human rights in the
digital and biotechnological era. It delves into the latest
frontiers of technological innovation in the life sciences and
information technology sectors, such as neurotechnology, robotics,
genetic engineering, and artificial intelligence. Leading experts
from the technological, medical, and social sciences as well as
law, philosophy, and business share their extensive knowledge about
the transformation of the rights framework in response to
technological innovation. In addition to providing a comprehensive,
interdisciplinary, and international state-of-the art descriptive
analysis, the volume also offers policy recommendations to protect
and promote human rights in the context of emerging
socio-technological trends.
This book examines the risks to freedom of expression, particularly
in relation to the internet, as a result of regulation introduced
in response to terrorist threats. The work explores the challenges
of maintaining security in the fight against traditional terrorism
while protecting fundamental freedoms, particularly online freedom
of expression. The topics discussed include the clash between
freedom of speech and national security; the multijurisdictional
nature of the internet and the implications for national
sovereignty and transnational legal structures; how to determine
legitimate and illegitimate association online; and the
implications for privacy and data protection. The book presents a
theoretical analysis combined with empirical research to
demonstrate the difficulty of combatting internet use by terror
organizations or individuals and the range of remedies that might
be drawn from national and international law. The work will be
essential reading for students, researchers and policy makers in
the areas of Constitutional law; Criminal Law, European and
International law, Information and Technology law and Security
Studies.
This detailed book begins with some reflections on the importance
of judicial interactions in European constitutional law, before
going on to compare the relationships between national judges and
supranational laws across 27 European jurisdictions. For the same
jurisdictions it then makes a careful assessment of way in which
ECHR and EU law is handled before national courts and also sets
this in the context of the original goals and aims of the two
regimes. Finally, the authors broaden the perspective to bring in
the prospects of European enlargement towards the East, and
consider the implications of this for the rapprochement between the
two regimes. The Interaction between Europe's Legal Systems will
strongly appeal to academics and students in European law,
comparative law, theory of law, postgraduate students and LLM
students in European law and in comparative law.
This book examines the risks to freedom of expression, particularly
in relation to the internet, as a result of regulation introduced
in response to terrorist threats. The work explores the challenges
of maintaining security in the fight against traditional terrorism
while protecting fundamental freedoms, particularly online freedom
of expression. The topics discussed include the clash between
freedom of speech and national security; the multijurisdictional
nature of the internet and the implications for national
sovereignty and transnational legal structures; how to determine
legitimate and illegitimate association online; and the
implications for privacy and data protection. The book presents a
theoretical analysis combined with empirical research to
demonstrate the difficulty of combatting internet use by terror
organizations or individuals and the range of remedies that might
be drawn from national and international law. The work will be
essential reading for students, researchers and policy makers in
the areas of Constitutional law; Criminal Law, European and
International law, Information and Technology law and Security
Studies.
This book analyses emerging constitutional principles addressing
the regulation of the internet at both the national and the
supranational level. These principles have arisen from cases
involving the protection of fundamental rights. This is the reason
why the book explores the topic thorough the lens of constitutional
adjudication, developing an analysis of Courts' argumentation. The
volume examines the gradual consolidation of a "constitutional
core" of internet law at the supranational level. It addresses the
European Court of Human Rights and the Court of Justice of the
European Union case law, before going on to explore Constitutional
or Supreme Courts' decisions in individual jurisdictions in Europe
and the US. The contributions to the volume discuss the possibility
of the "constitutionalization" of internet law, calling into
question the thesis of the so-called anarchic nature of the
internet.
New technologies have always challenged the social, economic,
legal, and ideological status quo. Constitutional law is no less
impacted by such technologically driven transformations, as the
state must formulate a legal response to new technologies and their
market applications, as well as the state's own use of new
technology. In particular, the development of data collection, data
mining, and algorithmic analysis by public and private actors
present unique challenges to public law at the doctrinal as well as
the theoretical level. This collection, aimed at legal scholars and
practitioners, describes the constitutional challenges created by
the algorithmic society. It offers an important synthesis of the
state of play in law and technology studies, addressing the
challenges for fundamental rights and democracy, the role of policy
and regulation, and the responsibilities of private actors. This
title is also available as Open Access on Cambridge Core.
This book analyses emerging constitutional principles addressing
the regulation of the internet at both the national and the
supranational level. These principles have arisen from cases
involving the protection of fundamental rights. This is the reason
why the book explores the topic thorough the lens of constitutional
adjudication, developing an analysis of Courts' argumentation. The
volume examines the gradual consolidation of a "constitutional
core" of internet law at the supranational level. It addresses the
European Court of Human Rights and the Court of Justice of the
European Union case law, before going on to explore Constitutional
or Supreme Courts' decisions in individual jurisdictions in Europe
and the US. The contributions to the volume discuss the possibility
of the "constitutionalization" of internet law, calling into
question the thesis of the so-called anarchic nature of the
internet.
The spread of disinformation has raised global concerns, posing
many challenges to democratic orders. On this matter, public and
private actors around the world have provided different answers to
address this challenge. From the launch of guidelines to the
criminalisation of false content, these approaches underline the
tension between protecting free speech and limiting the spread of
disinformation. This book provides a comparative constitutional
analysis of the relationship between freedom of speech and
disinformation. By examining reports which focus on Belgium,
Canada, Croatia, the European Union, Finland, France, Germany,
Hungary, Italy, Japan, Macau, Romania, Turkey, the United Kingdom,
the United States of America and Vietnam, this book analyses the
constitutional challenges of balancing freedom of speech and
falsehood, and the approaches adopted to deal with the spread of
disinformation.
This book explores how the Internet impacts on the protection of
fundamental rights, particularly with regard to freedom of speech
and privacy. In doing so, it seeks to bridge the gap between
Internet Law and European and Constitutional Law. The book aims to
emancipate the debate on internet law and jurisprudence from the
dominant position, with specific reference to European legal
regimes. This approach aims to inject a European and constitutional
"soul" into the topic. Moreover, the book addresses the
relationship between new technologies and the protection of
fundamental rights within the theoretical debate surrounding the
process of European integration, with particular emphasis on
judicial dialogue. This innovative book provides a thorough
analysis of the forms, models and styles of judicial protection of
fundamental rights in the digital era and compares the European
vision to that of the United States. The book offers the first
comparative analysis in which the notion of (judicial) frame,
borrowed from linguistic and cognitive studies, is systematically
applied to the theories of interpretation and argumentation. With a
Foreword by Robert Spano, President of the European Court of Human
Rights.
This book explores how the Internet impacts on the protection of
fundamental rights, particularly with regard to freedom of speech
and privacy. In doing so, it seeks to bridge the gap between
Internet Law and European and Constitutional Law. The book aims to
emancipate the debate on internet law and jurisprudence from the
dominant position, with specific reference to European legal
regimes. This approach aims to inject a European and constitutional
"soul" into the topic. Moreover, the book addresses the
relationship between new technologies and the protection of
fundamental rights within the theoretical debate surrounding the
process of European integration, with particular emphasis on
judicial dialogue. This innovative book provides a thorough
analysis of the forms, models and styles of judicial protection of
fundamental rights in the digital era and compares the European
vision to that of the United States. The book offers the first
comparative analysis in which the notion of (judicial) frame,
borrowed from linguistic and cognitive studies, is systematically
applied to the theories of interpretation and argumentation. With a
Foreword by Robert Spano, President of the European Court of Human
Rights.
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