International Conflicts of Law and Their Implications for Cross Border Data Requests by Law Enforcement


Book Description

International conflicts of law and their implications for cross border data requests by law enforcement : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Fourteenth Congress, second session, February 25, 2016.







Cross-Border Infringement of Personality Rights via the Internet


Book Description

Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.




Global Data Flows and Conflict of Laws


Book Description

This study examines how jurisdiction rules adapt to global data flows. To achieve this objective, a new methodological tool called the General Model of Conflicts Adjudication (GMCA) is formulated and used to analyze developments in American rules of personal jurisdiction and jurisdiction to prescribe which happened in parallel to technological and economic change. Chapter 1 examines how global data flows create economic and social dynamics that complicate the problems that conflict of laws rules must solve and explains the theoretical basis of the GMCA. Chapter 2 tests the explanatory power of the GMCA by using it to analyze the development of American personal jurisdiction rules starting with the landmark U.S. Supreme Court case of International Shoe (1945). The Chapter traces the adaptation of American conflict rules to technological developments, from the advent of the automobile to the proliferation of multinational corporations and the Internet. Commentary is made on recent important cases, such as Daimler (2014), BNSF Railway (2017), Bristol-Myers Squibb (2017), and Plixer v. Scrutinizer (2018). Apparent patterns in the development of the law and their normative implications are discussed using the GMCA. Chapter 3 focuses on the Microsoft. v. U.S. litigation (2016-2018) that concerned the extraterritorial reach of U.S. court orders in collecting electronic evidence stored in datacenters located abroad. The extensive documentation produced by the various governments, law enforcement agencies, service providers, and user groups that wanted to be involved in the dispute is examined and perceived interests of these stakeholders are determined. Commentary is made on the scholarly suggestions made for the solution of the problem. The CLOUD Act (2018), passed by the U.S. Congress to solve the issue, is examined and the comity-based solution of the Act is assessed within the GMCA. The work concludes with a summary of findings and a suggestion to use the GMCA in studying the 'Europeanization' of private international law.




Tools and Weapons


Book Description

The instant New York Times bestseller. From Microsoft's president and one of the tech industry's broadest thinkers, a frank and thoughtful reckoning with how to balance enormous promise and existential risk as the digitization of everything accelerates. “A colorful and insightful insiders’ view of how technology is both empowering and threatening us. From privacy to cyberattacks, this timely book is a useful guide for how to navigate the digital future.” —Walter Isaacson Microsoft President Brad Smith operates by a simple core belief: When your technology changes the world, you bear a responsibility to help address the world you have helped create. This might seem uncontroversial, but it flies in the face of a tech sector long obsessed with rapid growth and sometimes on disruption as an end in itself. While sweeping digital transformation holds great promise, we have reached an inflection point. The world has turned information technology into both a powerful tool and a formidable weapon, and new approaches are needed to manage an era defined by even more powerful inventions like artificial intelligence. Companies that create technology must accept greater responsibility for the future, and governments will need to regulate technology by moving faster and catching up with the pace of innovation. In Tools and Weapons, Brad Smith and Carol Ann Browne bring us a captivating narrative from the cockpit of one of the world's largest and most powerful tech companies as it finds itself in the middle of some of the thorniest emerging issues of our time. These are challenges that come with no preexisting playbook, including privacy, cybercrime and cyberwar, social media, the moral conundrums of artificial intelligence, big tech's relationship to inequality, and the challenges for democracy, far and near. While in no way a self-glorifying "Microsoft memoir," the book pulls back the curtain remarkably wide onto some of the company's most crucial recent decision points as it strives to protect the hopes technology offers against the very real threats it also presents. There are huge ramifications for communities and countries, and Brad Smith provides a thoughtful and urgent contribution to that effort.




Bulk Collection


Book Description

This text is the culmination of a nearly 6-year project to examine the systematic government access of private information from companies and other private-sector organisations. It provides 12 updated country reports to present both descriptive and normative frameworks for analysing national surveillance laws, and to focus on international law, human rights law and oversight mechanisms.




When Private International Law Meets Intellectual Property Law


Book Description

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.




Engaging Privacy and Information Technology in a Digital Age


Book Description

Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.




APEC Privacy Framework


Book Description




Cloud Computing Law


Book Description

Building on innovative research undertaken by the 'Cloud Legal Project' at Queen Mary, University of London, this work analyses the key legal and regulatory issues relevant to cloud computing under European and English law.