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4 results

  • The ordoliberal internet? Continuity and change in the EU’s approach to the governance of cyberspace

  • Benjamin Farrand
  • Journal:
    European Law Open / Volume 2 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    29 June 2023, pp. 106-127
    • Article
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  • This Article considers the role of ideas in shaping law and policy processes, serving to facilitate certain actions or approaches while curtailing others. Using the development of the EU’s governance approach to online service providers and platforms, this Article demonstrates how ordoliberalism as a set of beliefs regarding the regulation of market activity through law have shaped the understanding of appropriate measures for combating hybrid threats such as disinformation. Highlighting the origins of the E-Commerce Directive and the influence of ordoliberalism in the application of a regulated self-regulation model, the Article explores how ordoliberal philosophical ideas have influenced programme and policy level ideas concerning EU cyberspace governance as it relates to online platform activities. Even where there has been discursive change regarding the role of online platforms in contributing to an environment of insecurity, there has nevertheless been ideational continuity in the approach to their regulation, dictating the legal response in the Digital Services Act.

  • 1 - The Regulated End of Internet Law, and the Return to Computer and Information Law?

  • from Part I - Networks
  • Edited by Kevin Werbach
  • Book:
    After the Digital Tornado
    Published online:
    24 August 2020
    Print publication:
    23 July 2020, pp 35-57
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  • Summary

    This chapter is both a retrospective, and also even a requiem, for the “unregulation” argument in Internet law, and a prospective on the next twenty-five years of computer (or cyber) law. The Internet is not a lawless, special unregulated zone; it never was. Now that broadband Internet is ubiquitous, mobile, and relatively reliable in urban and suburban areas, it is being regulated as all mass media before it. While American policymakers advocated a largely deregulatory approach to the internet over the past twenty-five years, the United Kingdom and Europe have emphasized the hybrid of governmental and private market oversight known as coregulation. This approach to making regulation more adaptive addresses key dilemmas that fast-moving, slippery technologies pose for the traditional regulator’s toolkit.

  • 10 - Conflicts of Law and the Challenge of Transnational Data Flows

  • from Part II - Transnational Law as Regulatory Governance
  • Edited by Peer Zumbansen, King's College London
  • Book:
    The Many Lives of Transnational Law
    Published online:
    18 March 2020
    Print publication:
    02 April 2020, pp 240-268

  • Summary

    Philip Jessup correctly observed sixty years ago that multinational corporate activity created new challenges for nation-states and their territorially based rules for jurisdiction, choice of law, and judgment recognitions. Those challenges are exponentially more difficult in the 21st century because electronic data—everything from e-mails and text messages to Facebook and Instagram posts to Twitter pronouncements to drone warfare data to search algorithms to financial transactions to cloud data storage—travel around the globe with little relationship to physical territory. In addition, all of this data is often in the custody and control of data intermediaries. Three important consequences flow from this ubiquitous technology-enabled, data-driven global societal activity. First, the territorial location of data becomes increasingly arbitrary and substantively unimportant. Second, territorially based courts (or law enforcement authorities generally) will often be unable to easily enforce their decisions because those decisions require cooperation from relevant actors in far-flung communities. Third, governmental and judicial authorities are increasingly turning to multinational corporate data intermediaries to carry out and enforce their orders because only those companies have sufficient global reach to make legal rulings effective.

  • Digital Technology, Internet Research and Benefits of a Virtual Library

  • Zia Akhtar
  • Journal:
    International Journal of Legal Information / Volume 48 / Issue 3 / Winter 2020
    Published online by Cambridge University Press:
    08 April 2021, pp. 110-121
    Print publication:
    Winter 2020

  • The search of legal precedence or stare decisis has always distinguished the lawyer who is in professional practice. The development of the internet has led to a greater dimension in this research and to an empirical approach to understanding the application of law. The academic lawyer has always needed access to the newest legislation and case law and the online search engines are of increasing relevance to accessing the virtual library. This is necessary to assimilate because of the impact of law and technology which is not just of relevance to find texts but also the process of artificial intelligence that is of utility in forms of inquiry. It includes portals that can be sourced online, Lexis and Westlaw which have available software packages that are available for lawyers. The issue is if the technology is moving at excessive speed or is the momentum of digital technology sustainable within the profession. This article argues that legal software provides the means for artificial intelligence in an increasingly specialist field and it is necessary for professionals to stay equipped with knowledge updates on computer terminals in order to enhance their research or lose out in the information supply chain.