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Protecting Children in the Digital Era
From the mid-1990s onwards concerns regarding the exposure of children to harmful content in the increasingly digital media environment intensified. Soon thereafter policy makers across Europe realised that alternative regulatory instruments, such as self- and co-regulation, might be more appropriate than traditional legislation to address this matter of public interest. Taking the complex and delicate nature of protecting minors into account, this book provides an in-depth legal analysis of the alternative regulatory instruments that can be used to regulate content in the digital era, with particular attention to the protection of fundamental rights, such as freedom of expression, privacy and procedural guarantees, internal market regulation, competition rules, and implementation requirements.
The Implementation and Enforcement of European Union Law in Small Member States
The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.
Research Handbook on Governance of the Internet
The Internet is now a key part of everyday life across the developed world, and growing rapidly across developing countries. This Handbook provides a comprehensive overview of the latest research on Internet governance, written by the leading scholars in the field. With an international focus, it features contributions from lawyers, economists and political scientists across North America, Europe and Australia. They adopt a broad multidisciplinary perspective, taking in law, economics, political science, international relations, and communications studies. Thought-provoking chapters cover topics such as ICANN, the Internet Governance Forum, grassroots activism, innovation, human rights, privacy in social networks, and network neutrality. Being a forward-looking guide for the next decade, this Research Handbook will strongly appeal to scholars and graduate students in the social sciences studying and researching Internet governance, political scientists, economists, lawyers and computer scientists working on governance issues, as well as regulators and policymakers responsible for Internet governance in national governments and intergovernmental organisations.
Lutter contre la cybercriminalité en Suisse
L'avènement puis l'omniprésence des technologies de l'information et de la communication dans la vie de tous les jours depuis la fin du XXe siècle ont engendré de nouvelles possibilités de commettre des infractions pénales. Cet ouvrage a pour ambition de discuter de la criminalité sur Internet dans une perspective interdisciplinaire, criminologique, juridique et forensique. Il a été rédigé dans le prolongement du Colloque CEDIDAC de droit pénal du 1er septembre 2023. Les sept contributions réunies dans ce volume, rédigées par des auteurs issus tant du monde académique que de la pratique, discutent ainsi du passage à l'acte criminel et de la victimisation à l'ère numérique, des lacunes du droit pénal matériel dans ce domaine, des difficultés juridiques et pratiques dans la récolte et l'exploitation des preuves, et, finalement, des possibilités de prévention.
Synergy of Community Policing and Technology
This brief examines the interaction and synergy between the philosophical concepts embedded in the ideas of Community Oriented Policing (C.O. P.) and urban security aided by technological innovations. While the philosophy of C.O.P. stresses the importance of collaboration between members of the public and its police forces technology that is becoming rapidly integrated in various police tactics creates new legal challenges and operational hurdles. This approach, coined as “Next Generation Community Policing”, is discussed through the chapters of the brief and illustrated with examples from a number of different countries and their approaches to this topic. This Brief will be of interest to researchers in criminology and criminal justice, particularly in police studies, as well as related fields such as urban security planning and sociology.
Handling and Exchanging Electronic Evidence Across Europe
This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications te...
The EU Law Enforcement Directive (LED)
The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States. The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. D...
The Individual and Privacy
The essays selected for this volume reflect the many paths followed to develop a new, more robust methodology (idMAPPING) for investigating privacy. Each article deals with the three dimensions of time, space and place by addressing a number of questions such as: who? Which individual? When? How? Is privacy viewed from the perspective of legal theory, or of information science? Or from the viewpoint of sociology, social psychology, philosophy, information ethics or data protection law? The reader is offered a multi-disciplinary overview of the subject, a mosaic made up of several snapshots taken at different times by different scholars with different points of view. The detailed introduction increases clarity in parts of the picture where the way that the pieces fit together may not be immediately apparent, and concludes by challenging internet-era fallacies. Taken together, the articles demonstrate an innovative approach to evidence-based policy-making, and show privacy scholarship at its best.
Digital Constitutionalism
Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and princi...
