Suchergebnisse

A case involving Microsoft that is currently before the US courts has raised important issues between the respective legal regimes in the European Union and the United States, particularly in relation to the protection of personal data. The case in question has given rise to a degree of legal uncertainty and the outcome could have potentially serious implications for data protection in the EU. By seeking direct access to data held in the EU through the US judicial system, existing legal mechanisms for mutual assistance between jurisdictions may be being effectively bypassed. There are fundamental issues at stake here as regards the protection of personal data that is held within the European Union. This is clearly an area where technological advances have taken place in a very rapid fashion. The right to privacy should be afforded maximum protection whilst ensuring that law enforcement agencies have the necessary mechanisms at their disposal to effectively fight serious crime. ; A case involving Microsoft that is currently before the US courts has raised important issues between the respective legal regimes in the European Union and the United States, particularly in relation to the protection of personal data. The case in question has given rise to a degree of legal uncertainty and the outcome could have potentially serious implications for data protection in the EU. By seeking direct access to data held in the EU through the US judicial system, existing legal mechanisms for mutual assistance between jurisdictions may be being effectively bypassed. There are fundamental issues at stake here as regards the protection of personal data that is held within the European Union. This is clearly an area where technological advances have taken place in a very rapid fashion. The right to privacy should be afforded maximum protection whilst ensuring that law enforcement agencies have the necessary mechanisms at their disposal to effectively fight serious crime.

This text deals with the topic of Internet jurisdiction, and why territoriality is not suitable in determining this area. Svantesson surveys possible solutions advanced in the area of Internet jurisdiction, as well as assessing the new proposals for law reform that demand a paradigm shift in relation to jurisdiction

I think you are misunderstanding the perceived problem here, Mr President. No one is saying that you broke any laws. We are just saying it is a little bit weird that you did not have to." John Oliver, The Daily Show, 10 June 2013." John Oliver formulated in this context the very question about the limits, about the use and abuse, of the law and of the state's power when it comes to global mass surveillance practices. Where does lie the 'thin red line' between the two legitimate yet seemingly competing interests: national security and privacy? The result we present to the reader might seem merely another book about the Snowden affaire and the fall of Safe Harbor, but these two have been (only) an inspiration. Our object of interest is the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. The present book is very clearly an anthology - it is a compilation of diverse contributions, from different perspectives, within a broad topic. Our aim with this volume is to highlight a selection of particularly 'hot' questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. In the final chapter, we draw out and highlight those themes we see emerging within the body of this work --Back cover

Foreword to Third Edition --Foreword to Second Edition --Foreword to First Edition --List of Abbreviations --Acknowledgements --Introduction --Approaching the Internet --Approaching Private International Law --Traditional Common Law: Australia, England and Hong Kong SAR --The United States of America --European Civil Law: Germany and Sweden --The People's Republic of China --International Instruments --A Critique of Current Rules of Private International Law --Geo-identification: Impact, Risks and Possibilities --Proposed 'Defamation Convention Model' --Proposed 'Contracts Convention Model' --Concluding Remarks --Practical Checklist to Private International Law Issues for Drafters of Online Agreements --Practical Checklist to Private International Law Issues for Potential Litigants --Practical Checklist to Private International Law Issues for Potential Defendants --Selected Bibliography --Table of Authorities.