Individuals are entitled to the protection of their fundamental rights when they are
active on the internet (online), in the same way as when they are acting in any
other capacity (offline).90 In principle, the outcome must be the same: the same ...
Author: Hielke Hijmans
This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty.
Author: Chiara Amalfitano
Publisher: Edward Elgar Publishing
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
Those who allege that it is not possible to protect human rights on the internet in
reality mean that the balancing ... András Jori has used the term in an article
reviewing the responses of courts when protecting fundamental rights on the internet.
Author: Massimo La Torre
Publisher: Edward Elgar Publishing
Category: Political Science
This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?
Secondary Liability of Internet Service Providers (Springer 2017) 141. ... perilous
way on ISP liability' in Tuomas Ojanen and Bilyana Petkova (eds), Fundamental Rights Protection Online: The Future Regulation of Intermediaries (Edward Elgar
Author: Oreste Pollicino
Publisher: Edward Elgar Publishing
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.
Author: Matthias C. KettemannPublish On: 2020-07-27
222 Key tenets of the sum of norms fulfilling functions similar to those of
constitutional character within states— the internet's constitution— are thus first,
the protection of human and fundamental rights, especially privacy, data protection, ...
Author: Matthias C. Kettemann
Publisher: Oxford University Press, USA
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
and freedom of expression.12 Hildebrandt points out that the matter of online security raises the novel question of whether fundamental rights and security are
at the same level, expressing her view that their relationship is more complicated,
Author: Mart Susi
The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect – human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals’ civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.
This book examines the European system for the protection of fundamental rights.
Author: Federico Fabbrini
Publisher: Oxford University Press
The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.
Author: Gabrielle Kaufmann-KohlerPublish On: 2004-01-01
II.1.2 Right of access to justice, online arbitration, and Article 6 ECHR Article 6(1)
ECHR expressly provides that a ... Article 6 European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) states that '[i]n
Author: Gabrielle Kaufmann-Kohler
Publisher: Kluwer Law International B.V.
In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights.
Author: Iris Benohr
Publisher: Oxford University Press
Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.
their famous definition, this is a right that has complex and often highly
contradictory implications for the globalized ... at protecting fundamental rights
and freedoms, although this objective is intertwined with the free movement of
Author: St.Amant, Kirk
Publisher: IGI Global
Category: Business & Economics
"This book provides readers with in-depth information on the various linguistic, cultural, technological, legal, and other factors that affect interactions in online exchanges. It provides information that implements effective decisions related to the uses and designs of online media when interacting with individuals from other cultures"--Provided by publisher.
This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights.
Author: Ben Wagner
Publisher: Edward Elgar Publishing
In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies.
Author: Great Britain: Home OfficePublish On: 2010-03-30
The Home Office approach seeks to preserve and protect the fundamental rights
to which we are accustomed ... are essential to ensure that the public continues
to support the work of those charged with tackling crime on the internet . 23 .
Author: Great Britain: Home Office
Publisher: The Stationery Office
The Government published the UK Cyber Security Strategy in June 2009 (Cm. 7642, ISBN 97801017674223), and established the Office of Cyber Security to provide strategic leadership across Government. This document sets out the Home Office's approach to tackling cyber crime, showing how to tackle such crimes directly through the provision of a law enforcement response, and indirectly through cross-Government working and through the development of relationships with industry, charities and other groups, as well as internationally. The publication is divided into five chapters and looks at the following areas, including: the broader cyber security context; cyber crime: the current position; the Government response and how the Home Office will tackle cyber crime.
Protecting human rights: The European perspective (Carl Heymans, 2000) 41
Allott, P., 'Fundamental rights in the EU', ... di Diritto Costituzionale 656 Armone,
G., Terrorismo, listing e diritti umani, 2007, online: www.europeanrights.eu Arnull,
Author: Giacomo Di Federico
Publisher: Springer Science & Business Media
The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
In 1997, Bill published his first book, Do Ask, Do Tell: A Gay Conservative Lashes
Back, which took on gay rights from a ... in a constitutional legal challenge to
COPA, the Child Online Protection Act of 1998, tried in 2006 and then overturned.
Author: Bill Boushka
Publisher: Xlibris Corporation
Do Ask, Do Tell: Speech Is a Fundamental Right, Being "Listened to" Is a Privilege is the third of a sequence of my "Do Ask, Do Tell" books. the general themes of the books are individualism and personal responsibility, and especially how these precepts apply to "gay equality" and free speech issues. the first book was Do Ask, Do Tell: A Gay Conservative Lashes Back in 1997. the book was motivated by the early fight over gays in the military that ensued after President Clinton's inauguration in 1993. There is a long narrative going back to my own expulsion from a civilian college and then my experience with the military draft, which makes for a certain irony. the book, toward the end, switches from historical and autobiographical accounts to policy discussions on discrimination in other areas, which are presented in a manner concentric to the military issue as like a "superstorm core." One important concept is that individual rights are connected to the ability to share risks (like availability for military service) that belong to the common good. In late 1998, I published a supplementary booklet, less than a hundred pages, called Our Fundamental Rights, which does not carry the "Do Ask, Do Tell" prefix. In 2002, I published Do Ask Do Tell: When Liberty Is Stressed, a set of essays that respond to the issues accentuated by the 9/11 attacks and by new legal threats to Internet speech (such as the 1998 Child Online Protection Act, or COPA). One idea that I covered in the book was a "Bill of Rights II." the latest book traces these widely dispersed issues centered around individualism further, particularly in areas like various threats to Internet freedom that we take for granted, gay equality (including marriage and parenting), the workplace, and eldercare, the latter driven by rapid demographic change. the new book is in two parts. Part 1 comprises a prologue and six nonfiction chapters about different problem areas, with recreation of a variety of incidents at various points in my life. However, the sequence of narration is not chronological, as it was in the first book. Part 2 consists of three short stories. the stories demonstrate some of the ideas in the nonfiction chapters. One, written in 1969, is a somewhat fictionalized account of my own Basic Combat Training experience in 1968. the second, written in 1981, depicts two former college roommates reuniting and going on a trip through countryside heavily damaged by strip-mining for coal. the third, written in 2013, presents another road trip, this one more bizarre, with the protagonist, having gotten "what he wants," returns home to find a world besieged with an unusual catastrophe and ready to accept the idea of an "instant family," like it or not. My ideas about how to process all the questions about individual rights have become more subtle and far more personal. Back in the 1990s, it was easy to say that social and political policy should be fiscally conservative yet socially liberal. Libertarian positions, of minimal government at all levels, seemed to promote individual rights; there was no legitimate reason for the state to concern itself with adults in the bedroom or even what they choose to put into their own bodies. of course, even then, as I discussed in the first book, there were enormous practical tensions. Even though there were plenty of complaints that gays and singles were not treated equally in public policy, in practice people without families often had much more discretionary income and much more time for their own pursuits. In time, it has become apparent that the disinclination of many people to have children at all can lead to enormous problems in the future in funding retirement income and health and custodial care. In areas ranging from the epidemiology of HIV to the way bizarre and dangerous infectious diseases are incubated by agricultural practice in the developing world, and in debates about vaccine policy, it is apparent tha
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment.
Author: Maja Brkan
Publisher: Edward Elgar Publishing
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
Author: Prof. Wolfgang BenedekPublish On: 2014-01-15
The Parliamentary Assembly of the Council of Europe in its resolution on the protection of freedom of expression and ... 10 ECHR and Article 11 of the EU
Charter of Fundamental Rights regarding freedom of expression and information
Author: Prof. Wolfgang Benedek
Publisher: Council of Europe
With the rise of the Internet, the opportunities to express oneself have grown exponentially, as have the challenges to freedom of expression. From the Arab Spring to the global Occupy movement, freedom of expression on the Internet has had a profound impact on the debates which shape our future. At the same time, an increasing number of states use the Internet to spy on journalists and citizens, to prosecute and jail bloggers, and to censor online information. This book sets out to answer essential questions regarding the extent and limits of freedom of expression online. It seeks to shed light on the often obscure landscape of what we are allowed to say online and how our ideas, and the process of imparting and receiving information, are protected. It shows the large ambit of rights protected by freedom of expression – including freedom of the media and the right to access information via the Internet. It also highlights the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations, with a chapter on relevant national practices that illustrates how different states deal with the challenge that the Internet has brought to ensuring freedom of expression for all. As the importance of the Internet in our daily lives grows, readers will find this book to be a valuable resource for understanding the rights and obligations of each actor on the Internet, including states, Internet companies and civil society.
Introduction In the early years of the use of Internet, it was fashionable to claim
that a space of absolute freedom and ... Privacy is acknowledged in Europe as a fundamental right and freedom and it is viewed as an essential provision for a ...
Author: Hamid Jahankhani
Publisher: World Scientific
Category: Business & Economics
The widespread use of information and communications technology (ICT) has created a global platform for the exchange of ideas, goods and services, the benefits of which are enormous. However, it has also created boundless opportunities for fraud and deception. Cybercrime is one of the biggest growth industries around the globe, whether it is in the form of violation of company policies, fraud, hate crime, extremism, or terrorism. It is therefore paramount that the security industry raises its game to combat these threats. Today's top priority is to use computer technology to fight computer crime, as our commonwealth is protected by firewalls rather than firepower. This is an issue of global importance as new technologies have provided a world of opportunity for criminals. This book is a compilation of the collaboration between the researchers and practitioners in the security field; and provides a comprehensive literature on current and future e-security needs across applications, implementation, testing or investigative techniques, judicial processes and criminal intelligence. The intended audience includes members in academia, the public and private sectors, students and those who are interested in and will benefit from this handbook.
2.1.1 Challenges and opportunities for maintaining control over personal data online “No one shall be subjected to arbitrary ... Everyone has the right to the protection of the law against such interference or attacks. ... Advances in
computerised processing technology allow for an increasing amount of 51 Art.
8.1, Charter of Fundamental Rights of the European Union, 2000. personal data
to be processed.
Author: Toby Mendel
Category: Business & Economics
"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description
Building a Bridge between Research and Practice: An Introduction to the Fundamental Rights Action Plan Project ... fundamental rights in the sphere of
private law.1 In particular, fundamental rights are used as an instrument to protect
... EC Consumer Law Compendium, The Consumer Acquis and its transposition
in the Member States, Munich 2007, online: http://ec.europa.eu/consumers/rights/
Author: Christoph Busch
Publisher: Walter de Gruyter
This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission