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The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.
Facebook's initial public offering underscores the significant economic impact of a social media venture. The widespread adoption of Facebook across Europe also presages continuing conflicts between traditional and emerging media business models. The focus of this project, however, is on the ways in which national and regional privacy laws are applied to media corporations like Facebook, corporations that acquire and utilize massive amounts of consumer data to precisely target users with tailored advertisements. The growth of Facebook, beginning at Harvard University, and expanding in stages to additional U.S. universities, then to European universities, and then to the general public on both continents, presents a revealing case study of how privacy law is applied and practiced in different contexts. As Facebook deploys increasingly sophisticated, and increasingly invasive targeting methods, regulatory bodies are faced with the dual challenges of nimble analysis and accelerated response. Europe is considering new legislation that would require Facebook, and other Internet companies, to obtain explicit consent from consumers about use of personal data, and be ready and willing to delete that data forever at the consumer's request. Enforcement would include fines for failing to comply. The law would apply across the European Union and sharply restrict the way Facebook can gather, use and retain all personal data that their users post online. The proposed EU regulations pit two deeply held philosophies against each other -- that more regulation is needed in order to protect vulnerable consumers, and that more intervention will lead to excessive censorship. These efforts run parallel to U.S. Congressional investigations of Facebook's privacy policies, though any resulting legislation will undoubtedly be less rigorous. This is understandable given the cultural divide, with Europe tending to trust government agencies and actions, and not private companies that may be motivated solely by profits. In the United States, however, the reverse is prevalent, with faith in the free market conjoined with a trust in the power of self-regulation. U.S. regulation of the Internet has proven to be difficult to implement -- witness the challenges of instituting “net neutrality” regulations in the face of anti-government sentiment as promulgated by “tea party” Republicans. This project begins with a legal analysis of E.U. and European state efforts to propose and pass legislation that would curtail Facebook's data mining, including attention to strategic media management of emerging media industries on the continent. I employ content and discourse analysis of the drive to preserve privacy for social media consumers. I am examining government documents and corporate statements that are wrestling with the tension between protecting both privacy and free speech. I intend to arrive at a better understanding of the differing approaches to regulation of Internet companies and content between the E.U. and the U.S.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on EU Data Protection and the GDPR. The volume is perfect as a stand-alone text for a seminar and as supplement to a course on EU law. It contains the latest cases and materials exploring issues of emerging technology, information privacy, OECD privacy guidelines, privacy protection in Europe, international transfers of data, and selected provisions of the GDPR. New to the 2nd Edition: Tighter editing and shorter chapters Full text of the GDPR Schrems II and the Data Privacy Framework
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on EU Data Protection and the GDPR. The volume is perfect as a stand-alone text for a seminar and as supplement to a course on EU law. It contains the latest cases and materials exploring issues of emerging technology, information privacy, OECD privacy guidelines, privacy protection in Europe, international transfers of data, and selected provisions of the GDPR. New to the 2nd Edition: Tighter editing and shorter chapters Full text of the GDPR Schrems II and the Data Privacy Framework
One of the primary aims of the GDPR is to increase the participation of data subjects and to grant them more control over their data. Since Google and Facebook are global companies collecting and processing vast amounts of personal data, their compliance with the GDPR is essential to ensure better protection of the data subjects. The key challenge now is whether the GDPR impacts the business model of Facebook and Google, since the scandal of Cambridge Analytica revealed that "transparency" has no meaning in today's online market, where individuals' data is the currency. Even though GDPR provides some fundamental rights for the data subjects, it could be argued that the data subjects have no effective control over their data in the online market in practice. Therefore, it is necessary to analyse, whether GDPR sets adequate safeguards regarding the data subjects' rights, regarding data owners' consent, purpose limitation principle and the right to be informed as well as whether these companies meet the requirements of the GDPR in practice. Thus, the aim of this book is to illuminate the interaction of legislative decree and business practices of Facebook and Google.
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.