Private Power, Online Information Flows and EU Law
Private Power, Online Information Flows and EU Law

Author: Angela Daly

Publisher: Bloomsbury Publishing

Published: 2016-12-01

Total Pages: 179

ISBN-13: 1509900640

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This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

Critiquing Communication Innovation
Critiquing Communication Innovation

Author: Rolien Hoyng

Publisher: MSU Press

Published: 2022-06-01

Total Pages: 206

ISBN-13: 1628954663

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Challenges to Silicon Valley’s dominant role in conjuring and patenting the world’s technological futures are arising around the world. As digital media technologies emerge from new, globally dispersed locations, a multipolar order of communication innovation seems to be in the making. Yet recovering our ability to imagine futures otherwise requires negotiating conditions—economic, geopolitical, sociocultural, and ecological—rather than reproducing them under the pretext of breaking with the present. The essays in this volume examine research on such conditions critically and comparatively in a variety of geographies. Paying due attention to China’s rise as an innovative platform society and AI powerhouse, this book addresses the broader question of a shifting world order and trends that are shaped by China’s influence but that extend beyond its borders. Looking at multipolar communication innovation through various critical lenses, our technological futures simultaneously appear to be old, new, and uncertain, while the infrastructures and platforms underpinning communication innovation both affiliate communities and set them apart.

Virtual Competition
Virtual Competition

Author: Ariel Ezrachi

Publisher: Harvard University Press

Published: 2016-11-14

Total Pages: 365

ISBN-13: 0674545478

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“A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.” —Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. “We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.” —Science “A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.” —Burton G. Malkiel, Wall Street Journal “A convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance.” —John Naughton, The Observer

Digital Constitutionalism in Europe
Digital Constitutionalism in Europe

Author: Giovanni De Gregorio

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 383

ISBN-13: 1316512770

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How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.

Privacy and the Role of International Law in the Digital Age
Privacy and the Role of International Law in the Digital Age

Author: Kinfe Yilma

Publisher: Oxford University Press

Published: 2023-01-05

Total Pages: 401

ISBN-13: 0192887297

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This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an âinternationalâ privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.

Judicial Protection of Fundamental Rights on the Internet
Judicial Protection of Fundamental Rights on the Internet

Author: Oreste Pollicino

Publisher: Bloomsbury Publishing

Published: 2021-04-22

Total Pages: 320

ISBN-13: 1509912711

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This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.

Coherence between Data Protection and Competition Law in Digital Markets
Coherence between Data Protection and Competition Law in Digital Markets

Author: Klaudia Majcher

Publisher: Oxford University Press

Published: 2023-09-28

Total Pages: 337

ISBN-13: 0198885741

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In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.

Information Technology Law
Information Technology Law

Author: Andrew Murray

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 735

ISBN-13: 0198804725

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'Information Technology Law' examines how law interacts with our actions in cyberspace and other elements of the information society. It considers the relationship between the legal system and the information society, covers issues such as governance, free expression and crime, and looks forward to future challenges.

Competition Law and Big Data
Competition Law and Big Data

Author: Beata Mäihäniemi

Publisher: Edward Elgar Publishing

Published: 2020-02-28

Total Pages: 337

ISBN-13: 1788974263

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In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.