Private Power, Online Information Flows and EU Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Private Power, Online Information Flows and EU Law PDF full book. Access full book title Private Power, Online Information Flows and EU Law by Angela Daly. Download full books in PDF and EPUB format.
Author: Angela Daly
Publisher: Bloomsbury Publishing
ISBN: 1509900640
Category : Law
Languages : en
Pages : 179
Get Book Here
Book Description
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.
Author: Angela Daly
Publisher: Bloomsbury Publishing
ISBN: 1509900640
Category : Law
Languages : en
Pages : 179
Get Book Here
Book Description
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.
Author: Rolien Hoyng
Publisher: MSU Press
ISBN: 1628954663
Category : Language Arts & Disciplines
Languages : en
Pages : 206
Get Book Here
Book Description
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.
Author: Hans-W. Micklitz
Publisher: Cambridge University Press
ISBN: 1108843123
Category : Law
Languages : en
Pages : 341
Get Book Here
Book Description
How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.
Author: Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 1316512770
Category : Law
Languages : en
Pages : 383
Get Book Here
Book Description
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author: Klaudia Majcher
Publisher: Oxford University Press
ISBN: 0198885741
Category : Law
Languages : en
Pages : 337
Get Book Here
Book Description
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.
Author: Robert Böttner
Publisher: Springer Nature
ISBN: 3031423615
Category : Electronic books
Languages : en
Pages : 1510
Get Book Here
Book Description
The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty on European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from all across Europe and different legal traditions, some from a constitutional law background, others experts in the field of international law and EU law. Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
Author: Kinfe Yilma
Publisher: Oxford University Press
ISBN: 0192887297
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
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.
Author: Oreste Pollicino
Publisher: Bloomsbury Publishing
ISBN: 1509912711
Category : Law
Languages : en
Pages : 320
Get Book Here
Book Description
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.
Author: Andrew Murray
Publisher: Oxford University Press, USA
ISBN: 0198804725
Category : Law
Languages : en
Pages : 735
Get Book Here
Book Description
'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.
Author: George Raitt
Publisher: Bloomsbury Publishing
ISBN: 150992809X
Category : Law
Languages : en
Pages : 323
Get Book Here
Book Description
Australian competition law has just emerged from a significant period of reform which has seen controversial changes to the legal test to distinguish between normal competitive conduct and conduct that should be condemned. The controversy continues, arguably because the traditional legal conception of market power does not provide a useful standard in real world markets. This important new book offers a radical interpretation of market power, based on the power to manipulate. Seeing it in this way allows for positive and normative standards within which to frame a legal theory of liability for misuse of that power. The book provides suggestions to improve the forensic assessment of conduct that should be condemned as misuse of market power.
