Suchergebnisse

The Ph.D. project aimed to analyze the right to privacy in light of the recent restrictions and derogations put in place in international and European law, particularly in response to the terrorist attacks that occurred on 11th September, 2001. In this context, tensions peaked in 2013 when former NSA employee, Edward Snowden, denounced mass surveillance programs put in place by the American government. These programs, made also possible by the collaboration of the most important American internet service providers, aimed to monitor American citizens and not. Undeniably, in 2013 the international community gained greater awareness of the potential risks connected to the indiscriminate collection of personal information by the National Security and law enforcement authorities. In fact, there are still many States that consider mass surveillance an effective tool in protecting national security and preventing terrorist attacks. However, these measures simultaneously contain considerable risks for citizens' rights, due to either the frequent lack of adequate jurisdictional control at a national level or the indiscriminate nature of the data collected. Despite the importance of the right to privacy, there is still a lack of adequate legislation in this matter. This is especially evident at the international level. Notably, Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights both fail to explicitly provide for the protection of personal data. Furthermore, there is no mention of this right in article 8 ECHR. The legal deficiencies, mainly caused by the lack of adequate technical knowledge on the matter during the period that these conventions were drafted and ratified, have been partially compensated for by the development in case-law put in place by the European Court of Human Rights, beginning with the Klass and others v. Germany sentence until the more recent Big Brother Watch and others v. United Kingdom. In particular, according to the judges of Strasbourg, any limitation must be provided for by law, pursuing a legitimate aim, is necessary in a democratic society and respectful of the principle of proportionality. From a legislative point of view, the situation seems to be consistently more favorable in the European context where the right to privacy has become a fundamental right, according to Article 8 of the Charter of Fundamental Rights of the European Union and Article 16 TFEU. In the final part of the project have been also identified and analyzed other significant unresolved issues in the context of the right to privacy, regarding in particular corporate responsibility for illegitimate transmission of personal data to National Security and law enforcement authorities, which violates international standards protecting human rights, and possible extraterritorial exercise of jurisdiction by monitoring bodies.

Autor u radu na temelju dostupne arhivske građe i relevantne literature analizira metode djelovanja komunističkoga represivnog aparata u Narodnoj Republici / Socijalističkoj Republici Hrvatskoj protiv Katoličke crkve od 1951. do 1965. godine. U radu se prvi put navode brojčani podaci o suradnicima Udbe iz crkvenih redova te organizacija i pojedinaca usko povezanih s Katoličkom crkvom. ; After the establishment of communist rule in Yugoslavia and the elimination of all political opponents, the Catholic Church remained the only strong and well-organised institution in which the communists saw a possible opponent. This is why the communist authorities carried out a series of repressive and political measures in order to prevent its public activities and weaken its influence in society. Bishops and priests were assassinated or imprisoned, Church property was confiscated, religious publications and seminaries were banned, religious schools were closed and ordinands pressured to give up on studying for priestly vocations, a propaganda campaign was launched against the Church and its priests, priests were scrutinized (especially through clerical associations) and recruited as informants for the secret services, and a series of other measures was carried out with the goal of weakening the influence of the Church in society. The main operational role in the implementation of these measures was played by law enforcement services, primarily the State Security Administration and the other services of the Secretariat of the Interior as well as the Counterintelligence Service, which concerned itself mostly with ecclesiastical persons performing compulsory military service in the Yugoslav People's Army. These services' annual reports for Croatia from 1951 to 1965 and their analyses and studies, which only became available to the public in the Croatian State Archives in Zagreb in 2017, offer us insights into law enforcement's views on the conditions in the Catholic Church, their assessments of its 'hostile' activities, and the ways in which they planned their activities and carried out certain anti-Church measures. In addition, this paper is the first to present the actual numerical indicators of priests and other Church officials or persons closely connected to the work of the Church who were in various ways employed as a part of the collaborator networks of communist secret services in their activities regarding the Catholic Church in the stated period. It is important to highlight that the vast majority of these persons agreed to collaborate due to pressure or blackmail, for the most part failed to produce the results that the State Security Administration had expected of them, and were therefore often removed from the collaborator network. The State Security Administration benefited little from this network, and the fact that it failed to achieve its goals in its struggle against the Catholic Church confirms this.

This paper explores the normative challenges of digital security technologies i.e., end-to-end (E2E) encryption and metadata analysis, in particular in the context of law enforcement activities. Internet of Things (IoT) devices embedded in smart environments (e.g., smart cities) increasingly rely on E2E encryption in order to safeguard the confidentiality of information and uphold individuals' fundamental rights, such as privacy and data protection. In November 2020, the Council of the EU published a resolution titled "Encryption – Security through encryption and security despite encryption". The resolution seeks to ensure the ability of security and criminal justice authorities to access data in a lawful and targeted manner. Nonetheless, in the context of pre-emptive surveillance and criminal investigations, E2E encryption renders the analysis of the content of communications extremely challenging or practically impossible, even when access to data could be lawful. Here, two different layers of complexity seem to emerge. They concern: (i) whether a balance between the values protected by E2E encryption and the aims of law enforcement can be attained; (ii) whether state-of-the-art AI models can preserve the advantages of E2E encryption, allowing for inferences of valuable information from communication traffic, with the aim of detecting possible threats or illicit content. Against this backdrop, we firstly examine whether AI algorithms, such as Machine Learning and Deep Learning, might be part of the solution, especially when it comes to data-driven and statistical methods for applying classification in encrypted communication traffic so as to infer sensitive information about individuals. Secondly, we consider the possible uses of AI tools in the analysis of IoT-generated data in smart cities scenarios, focusing on metadata analysis. We explore whether that AI-based classification of encrypted traffic can circumscribe the scope of law enforcement monitoring operations, in compliance with the European surveillance case-law. Finally, as far as our research focus is concerned, we discuss how the use of AI bears the potential of smoothing traditional trade-offs between security and fundamental rights, allowing for encrypted traffic analysis without breaking encryption.

The art market is rapidly developing along the ways of globalisation, digitalisation, and democratisation. Yet, it has several characteristics that favour market manipulation, such as lack of transparency and conflicts of interest. Despite substantial advancements, it is acknowledged that sector regulation does not address such limitations properly. In the light of US, EU, and national case-law, this article assesses the role that competition law could play in the art sector, also in conjunction with civil liability. It is found that competition law enforcement in the art market has been scarce so far. It provided for effective reaction tools against few, significant market manipulation strategies carried out by key auction houses. On those occasions, competition authorities and undertakings set shared, basic rules of conduct through commitments. Such cases also seem to have inspired recent self- and heteroregulatory initiatives. All in all, competition law seems to play the residual role of a sentinel in the secondary art market. In contrast, whether or not competition law will be enforced in the authentication service sector mainly depends on how private enforcement will develop in the EU and the US.

Con il decreto legge 24 giugno 2014, n. 90, convertito nella legge n. 114 dello stesso anno, si è operata una significativa svolta nella costruzione di una vera Autorità nazionale anticorruzione in Italia, in attuazione degli obblighi internazionali assunti dal nostro Paese. La nuova Autorità nasce dalla fusione della precedente CIVIT e della soppressa Autorità di vigilanza sui contratti pubblici (AVCP). Il decreto prevede nuovi compiti in capo all'Autorità (in alcuni casi in capo al suo Presidente) e impone una profonda riorganizzazione dei suoi uffici, adeguandosi pienamente alla disciplina

Owing to globalization processes, the nation-state is facing the problem of re-examining its ability to create & maintain order through legislation & law enforcement, as well as its capacity to direct the economy in line with citizens' choices. The use of globalized economic & juridical patterns by private individuals is a great leap forward in economics & personal freedom, considering that the state is continuously loosing its monitoring & checking ability. At the same time, these individuals still live within the framework of the state & also acknowledge its power. Ironically, while trying to sidestep the state, the citizens still look to it to solve their everyday problems. The author investigates the reasons behind the crisis into which a specific model of state -- the Kelsenian & Keynesianan model -- has fallen in recent years. Nevertheless, the crisis of that model does not imply the loss of the possibility of managing the economy & globalization processes. The nation-state remains the most important producer of a great many services & its role in promoting advancements in knowledge & technological innovation is still a central one. One of the most important roles of the nation-state in the global era is that of removing the barriers to the global economy & pursuing the efficiency & innovation of its infrastructures & bureaucratic machinery. In the light of global changes, it is important to rethink the idea that the production of law & institutions can only be legitimated by ballots, or at least that voting always represents the best solution. Other kinds of legitimating processes should instead be considered by contemporary political theory -- for example, considering how people make their political choices like consumers in the free market. Adapted from the source document.