News and Research articles on Inter-governmental

Transnational collective actions for cross-border data protection violations

Federica Casarosa, European University Institute
PUBLISHED ON: 16 Sep 2020 DOI: 10.14763/2020.3.1498

Although the GDPR paves the way for a coordinated EU-wide legal action against data protection infringements, only a reform of private international law rules can enhance the opportunities of data subjects to enforce their rights.

Anchoring the need to revise cross-border access to e-evidence

Sergi Vazquez Maymir, Vrije Universiteit Brussel
PUBLISHED ON: 16 Sep 2020 DOI: 10.14763/2020.3.1495

The percentages and figures used in the impact assessment accompanying the European Commission’s e-evidence package strongly influence the analysis of the problem and limit the assessment of the problem of cross-border access to e-evidence to technical and efficiency considerations.

The European Commission recently released its first review of two years of application of the General Data Protection Regulation (GDPR). René Mahieu and Jef Ausloos do not agree with the largely positive self-assessment and explain their main points of contention by summarising their own submission to the Commission.

Is the “European approach” an adequate response to the challenges of disinformation and political manipulation, especially in election periods?

Standard form contracts and a smart contract future

Kristin B. Cornelius, University of California, Los Angeles
PUBLISHED ON: 15 May 2018 DOI: 10.14763/2018.2.790

With widespread smart contract implementation on the horizon, there is much conversation about how to regulate this new technology. Noting the failure of contract law to address the inequities of standardised contracts in the digital environment can help prevent them from being codified further into smart contracts.

Accountability challenges confronting cyberspace governance

Jacqueline Eggenschwiler, University of Oxford
PUBLISHED ON: 20 Sep 2017 DOI: 10.14763/2017.3.712

Cyberspace governance struggles with three accountability challenges, the problem of many hands, the profusion of issue areas, as well as the hybridity and malleability of institutional arrangements. In order to address and mitigate these challenges, accountability relationships need to be consciously reframed and discursively constructed.

Internet policy and Australia’s Northern Territory Intervention

Ellie Rennie, Swinburne University of Technology
Jake Goldenfein, Swinburne University of Technology
Julian Thomas, RMIT University
PUBLISHED ON: 14 Mar 2017 DOI: 10.14763/2017.1.456

This paper is part of Australian internet policy, a special issue of Internet Policy Review guest-edited by Angela Daly and Julian Thomas. Introduction In 2007, the Australian government took a dramatic new approach to the governance and management of remote Indigenous communities. The ‘Northern Territory Intervention’, as it became commonly known, was introduced as a means to combat child abuse and domestic violence in remote Indigenous communities, and included far-reaching changes to welfare administration, employment programmes and policing. Although the Intervention, which persisted until 2012, has been the subject of a great deal of public commentary and critique, one dimension has …

Coding and encoding rights in internet infrastructure

Stefania Milan, University of Amsterdam
Niels ten Oever, Article 19 & University of Amsterdam
PUBLISHED ON: 17 Jan 2017 DOI: 10.14763/2017.1.442

Do ICANN’s policies and operations have an impact on human rights? Civil society engagement in the organisation seeks to inscribe human rights in internet infrastructure.

Private ordering and the rise of terms of service as cyber-regulation

Luca Belli, Fundação Getulio Vargas Law School
Jamila Venturini, Fundação Getulio Vargas Law School
PUBLISHED ON: 29 Dec 2016 DOI: 10.14763/2016.4.441

Internet intermediaries unilaterally define their terms of service (ToS) and enforce them privately by shaping the architectures of the networks and platforms under their control. Based on empirical evidence, Belli and Venturini argue that ToS and their implementation affect users’ rights.