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. Read more about Right to Be Forgotten: Much Ado About Nothing

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. Read more about Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy

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