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Class Actions in Privacy Law
Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This boo...
The Right to be Forgotten
Exploring the evolution of the right to be forgotten, its challenges, and its impact on privacy, reputation, and online expression, this book lays out the current state of the law on the right to be forgotten in Canada and in the international context while addressing the broader theoretical tensions at its core. The essays contemplate questions such as: How does the right to be forgotten fit into existing legal frameworks? How can Canadian courts and policy-makers reconcile rights to privacy and rights to access publicly available information? Should search engines be regulated purely as commercial actors? What is the right’s impact on free speech and freedom of the press? Together, these...
Averting the Digital Dark Age
How the internet's memory infrastructure developed—averting a "digital dark age"—and introduced a golden age of historical memory. In early 1996, the web was ephemeral. But by 2001, the internet was forever. How did websites transform from having a brief life to becoming long-lasting? Drawing on archival material from the Internet Archive and exclusive interviews, Ian Milligan's Averting the Digital Dark Age explores how Western society evolved from fearing a digital dark age to building the robust digital memory we rely on today. By the mid-1990s, the specter of a "digital dark age" haunted libraries, portending a bleak future with no historical record that threatened cyber obsolescence...
The Privacy Fallacy
Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.
The Privacy Fallacy
Uncovers why privacy laws fail at protecting us from corporate data harms and charts a path for reform.
Media and Society After Technological Disruption
The internet has reshaped the media landscape and the social institutions built upon it. Competition from online media sources has decimated local journalism and diminished the twentieth century's established journalistic gatekeepers. Social media puts individual users front and center in the creation of the content that they consume. Harmful speech can spread further and faster, and the institutions responsible for policing that speech-Facebook, TikTok, YouTube and the like-lack any clear twentieth-century analog. The law is still working to catch up to the world these changes have wrought. This volume gathers sixteen scholars in law, media, technology, and history to consider these changes. Chapters explore the breakdown of trust in the media, changes in the law of defamation and privacy, challenges of online content moderation, and financial viability for journalistic enterprises in the internet age. This title is also available as Open Access on Cambridge Core.
An Unamendable Constitution?
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstituti...
EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...
Class Actions in Privacy Law
Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This boo...
Artificial Intelligence in Finance
This book provides a comprehensive analysis of the primary challenges, opportunities and regulatory developments associated with the use of artificial intelligence (AI) in the financial sector. It will show that, while AI has the potential to promote a more inclusive and competitive financial system, the increasing use of AI may bring certain risks and regulatory challenges that need to be addressed by regulators and policymakers.
