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Solving the Internet Jurisdiction Puzzle
This text deals with the topic of Internet jurisdiction, and why territoriality is not suitable in determining this area. Svantesson surveys possible solutions advanced in the area of Internet jurisdiction, as well as assessing the new proposals for law reform that demand a paradigm shift in relation to jurisdiction.
Private International Law and the Internet
In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide 'scope of jurisdiction' should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twe...
Oxford Handbook of Online Intermediary Liability
Provides a comprehensive discussion of intermediary liability, presents multiple scholarly perspectives on the major themes in intermediary liability and platform governance, highlights important regional trends and political and economic factors that might explain them Book jacket.
The Right to Erasure in Eu Data Protection Law
The right to erasure (or ""right to be forgotten"") has become a major flashpoint in the courts and public opinion of the potential and limits of data protection law to empower individuals to control their data. This is the first book to focus on the right to erasure in the context of Article 17 of the GDPR, its theory, history, and legal scope.
Data Protection and Privacy Under Pressure
Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.
Transatlantic Jurisdictional Conflicts in Data Protection Law
This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
The EU Geo-Blocking Regulation
This Commentary analyses the history, technology, uses, legality, and circumvention of geo-blocking, which affects customers and businesses both inside and outside the EU. Marketa Trimble examines each of the provisions of the 2018 EU Geo-Blocking Regulation, including provisions on non-discriminatory access to online interfaces, goods and services, and means of payment.
The Developing Concept of Sovereignty
This Report provides important insights into an important topic, and I wish to start by congratulating the authoring team on their excellent work. The Report addresses the topic of sovereignty, and in doing so, it takes particular account of sovereignty in the cyber and outer space domains - two domains of great significance for Australia's national interests. It is written with commendable clarity and should serve the needs of strategic planners in Defence as well as strategic policy planners in government more broadly.The Report is extremely timely since the concept of 'sovereignty' has recently gained new life in Australia and around the world not least in the cyber context. Increased ten...
Information Sovereignty
Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereigntycombines a philosophical and methodological analysis of the phenomena of information, sovereign...
