The Internet And Constitutional Law
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The Internet And Constitutional Law
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Author : Oreste Pollicino
language : en
Publisher: Routledge
Release Date : 2016-01-13
The Internet And Constitutional Law written by Oreste Pollicino and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-13 with Law categories.
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Judicial Protection Of Fundamental Rights On The Internet
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Author : Oreste Pollicino
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-22
Judicial Protection Of Fundamental Rights On The Internet written by Oreste Pollicino and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
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.
Digital Constitutionalism
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Author : Edoardo Celeste
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-13
Digital Constitutionalism written by Edoardo Celeste and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-13 with Law categories.
Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.
Human Rights Law And Regulating Freedom Of Expression In New Media
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Author : Mart Susi
language : en
Publisher: Routledge
Release Date : 2018-04-17
Human Rights Law And Regulating Freedom Of Expression In New Media written by Mart Susi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.
The Nordic countries are well known globally for their high human rights standards and, at the same time, high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression in the new media. It contains an overview of public policy choices and best practices of domestic online companies, which have the aspiration of finding global acceptance. Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. A comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the ongoing discussion as to whether there is a need to modify prevailing interpretation of freedom of expression. Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.
Virtual Freedoms Terrorism And The Law
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Author : Giovanna De Minico
language : en
Publisher: Routledge
Release Date : 2021-02-15
Virtual Freedoms Terrorism And The Law written by Giovanna De Minico and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
The Internet And The Law
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Author : Kathleen Conn
language : en
Publisher: ASCD
Release Date : 2002
The Internet And The Law written by Kathleen Conn and has been published by ASCD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Educators categories.
This book offers concise and sound advice for guide public school polices governing uses of the Web, e-mail, and other computer technologies.
Cyberlaw
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Author : Jeffrey A. Helewitz
language : en
Publisher: Prentice Hall
Release Date : 2005
Cyberlaw written by Jeffrey A. Helewitz and has been published by Prentice Hall this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Computer networks categories.
Presenting an emerging area of law, this book explores the legal doctrines and principles that apply to the operation and development of computer technology and the Internet. It discusses the rapid legislative and judicial responses, demanded by the creation of the new technology, to resolve legal problems of the emerging technology, covering: jurisdiction, constitutional issues, e-business, property rights, and cybercrime. For individuals interested in an introduction to constitutional and business law, as well as intellectual property.
Constitutionalising Social Media
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Author : Edoardo Celeste
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Constitutionalising Social Media written by Edoardo Celeste and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.
The Rule Of Law In Cyberspace
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Author : Carlos Blanco de Morais
language : en
Publisher: Springer
Release Date : 2023-09-08
The Rule Of Law In Cyberspace written by Carlos Blanco de Morais and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-08 with Law categories.
The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.
New Media And Freedom Of Expression
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Author : András Koltay
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-25
New Media And Freedom Of Expression written by András Koltay and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with Law categories.
The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.