This Article focuses on one cyberphysical domain — automated driving — to methodically analyze the so-called liability problem. It considers how automated driving could affect product liability, how product liability could affect automated driving, and how each could advance or impede the prevention of injury and the compensation of victims.
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Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformation happening inside the doctrine that has accompanied its outward creep. Taking up this overlooked perspective, this Article uncovers a new speech theory: the libertarian tradition. This new tradition both is generative of the doctrine’s expansion and risks undermining the First Amendment’s theoretical foundations. Read more about Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition
This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately — as I have discussed elsewhere — resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy. Read more about Resisting the Resistance: Resisting Copyright and Promoting Alternatives
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. Read more about Right to Be Forgotten: Much Ado About Nothing
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. Read more about Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy
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. Read more about It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law