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The impact of digitalization on people and society has become so large that we are talking about a massive digital change of society. Every person, rich or poor, every organization, every country, is profoundly affected by digitalization. Thousands of companies are going through digital transformation processes, to adjust their business model to the digital world in which you can only keep up if you operate internationally, through the Internet. No one can do without a smartphone and access to the Internet anymore. Social media have a major impact on everyone's life, including politics. Just like the industrial society had to be governed differently from the peasant society that preceded it, the digital world increasingly demands other forms of governance. Traditional laws no longer function properly, governments are losing grip on social media and the Internet, tech giants increasingly dominate the digital playing field, economies are rapidly changing from traditional to digital and cybercrime is given free rein. Digitalization also offers excellent opportunities to achieve the necessary global changes and improvements in numerous areas, such as migration, climate, good education and good healthcare for all. After extensive analysis of what is changing as a result of digitalization, this book takes an in-depth look at possible new forms of governance in the digital world. Europe has been taken as the starting point. First of all, because the author is most familiar with the state of the art in Europe, but also because Europe has already been taking a number of important initiatives in the field of digital legislation. Nevertheless, Europe is in many ways still very much behind large countries such as the US and China. This book makes numerous suggestions to strengthen the European digital position in the years to come. This is badly needed for the future prosperity of Europeans and for Europe's position in the world.
The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.
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.
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
This edited volume explores the opportunities and challenges facing the European Union in the future from different disciplines and assesses the EU’s prospects across various policy areas. Using the European Commission’s 2017 White Paper presenting five different scenarios for the future of Europe to 2050 as an organising framework for analysis and debate, the volume reflects upon the drivers of the EU’s future, including its changing place in an evolving world, a transformed economy and society, heightened threats and concerns about security and borders, and questions of trust and legitimacy. The concluding chapter summarises and compares the findings to determine which of the scenarios is the most instructive to understand and plan European Futures to 2050, and beyond. This book will be of key interest to scholars and students of European integration, EU politics/studies, and more broadly international relations, as well as European policy-makers.
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.
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.
This title was first published in 2003. Information and communication technologies (ICTs) are increasingly being recognized as vital to the economic growth and global inclusion and participation of developing countries. This book brings together both academics and practitioners to provide a comprehensive and insightful overview of ICT and development around the world. It examines the role of IT in providing new economic and industrial opportunities, in increasing access to global information and communication, in assisting small cultural and ethnic groups to overcome disadvantages of physical distance and in catalysing initiatives towards democratic decentralization and empowerment of citizens. It also critically appraises major problems such as inappropriate focus and resource allocation, and of missed opportunities. By combining comparative case studies from Africa, South and East Asia, South America and Eastern Europe with theoretical analysis, this volume synthesizes a range of issues related to the evident tensions that exist for developing countries as they try to balance global and local priorities through the adoption and use of ICTs.
This book explores how the business transformation taking place in Japan is influenced by the digital revolution. Its chapters present approaches and examples from sectors commonly understood to be visible arenas of digital transformation—3D printing and mobility, for instance—as well as some from not-so-obvious sectors, such as retail, services, and fintech. Business today is facing unprecedented change especially due to the adoption of new, digital technologies, with a noticeable transformation of manufacturing and services. The changes have been brought by advanced robotics, the emergence of artificial intelligence, and digital networks that are growing in size and capability as the number of connected devices explodes. In addition, there are advanced manufacturing and collaborative connected platforms, including machine-to-machine communications. Adoption of digital technology has caused process disruptions in both the manufacturing and services sectors and led to new business models and new products. While examining the preparedness of the Japanese economy to embrace these changes, the book explores the impact of digitally influenced changes on some selected sectors from a Japanese perspective. It paints a big picture in explaining how a previously manufacturing-centric, successful economy adopts change to retain and rebuild success in the global environment. Japan as a whole is embracing, yet also avoiding—innovating but also restricting—various forms of digitalization of life and work. The book, with its 17 chapters, is a collaborative effort of individuals contributing diverse points of view as technologists, academics, and managers.
With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.