Publications

Right to Be Forgotten: Much Ado About Nothing

Author(s): 
Giancarlo Frosio
Publication Date: 
February 9, 2017
Publication Type: 
Academic Writing

In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.

Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy

Author(s): 
Giancarlo Frosio
Publication Date: 
February 7, 2017
Publication Type: 
Academic Writing

Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions — often tainted by protectionist concerns — define the present intermediary liability conundrum. Apparently, safe harbours still hold, although secondary liability is on the rise.

It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

Author(s): 
Stephanie Pell
Publication Date: 
February 6, 2017
Publication Type: 
Academic Writing

For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications "content"and those afforded to the "noncontent"—also known as "metadata"—associated with it. The legal framework for surveillance law was developed largely in the context of the mid-twentieth century telephone system, which itself treated content and metadata as cleanly distinct technical concepts.

Ukraine v. Russia: Before the International Court of Justice

Author(s): 
Beth Van Schaack
Publication Date: 
February 2, 2017
Publication Type: 
Other Writing

With all the news around President Donald Trump taking office, and the mass protests, controversial executive orders, and pending lawsuits that followed, it may have escaped notice that Ukraine filed suit against the Russian Federation before the International Court of Justice (ICJ) on January 16 (the official Application is here).  Ukraine has accused Russia of “intervening militarily in Ukraine, financing acts of terrorism, and violating the human rights of milli

Europe’s “Right to Be Forgotten” in Latin America

Author(s): 
Daphne Keller
Publication Date: 
February 1, 2017
Publication Type: 
Academic Writing

This article appeared as Chapter Five in "Towards an Internet Free of Censorship II Perspectives in Latin America".

 

Europe’s “Right to Be Forgotten” in Latin America

Daphne Keller[1]

 

El “derecho al olvido” de Europa en América Latina

Author(s): 
Daphne Keller
Publication Date: 
February 1, 2017
Publication Type: 
Academic Writing

This article appeared as Chapter Five in "Hacia una Internet libre de censura II Perspectivas en América Latina".

El “derecho al olvido” de Europa en América Latina

Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners

Author(s): 
Beth Van Schaack
Publication Date: 
January 26, 2017
Publication Type: 
Other Writing

With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners who commit international crimes. Perhaps most alarming to some officials will be the risk of personal criminal liability. When might this arise?

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