scholarly journals The Internet and the Global Reach of EU Law

Author(s):  
Christopher Kuner
Keyword(s):  
Eu Law ◽  
2019 ◽  
pp. 112-145 ◽  
Author(s):  
Christopher Kuner

The internet has had a significant influence on how EU law applies beyond EU borders, and has enabled the EU to extend the application of its fundamental values to third countries. There are many examples of the EU exerting its global reach regarding the internet, particularly in data protection and privacy law. The EU’s actions in exercising its global reach with regard to the internet implicate important normative issues, such as distinguishing between the furtherance of core EU legal values and the advancement of the EU’s political interests; promoting the principles of EU law as universal values; ensuring that EU legal values are upheld in practice; and determining the territorial boundaries of EU law. The influence exercised by the EU carries responsibilities towards third countries, particularly those in the developing world. The internet may itself also be influencing EU law.


2019 ◽  
Author(s):  
Vaclav Janecek

This article analyses, defines, and refines the concepts of ownership and personal data to explore their compatibility in the context of EU law. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied to personal data in the context of the Internet of Things (IoT). This consideration is framed around two main approaches shaping all ownership theories: a bottom-up and top-down approach. Via these dual lenses, the article reviews existing debates relating to four elements supporting introduction of ownership of personal data, namely the elements of control, protection, valuation, and allocation of personal data. It then explores the explanatory advantages and disadvantages of the two approaches in relation to each of these elements as well as to ownership of personal data in IoT at large. Lastly, the article outlines a revised approach to ownership of personal data in IoT that may serve as a blueprint for future work in this area and inform regulatory and policy debates.


Author(s):  
Amin Ibrahim

The sexual exploitation of children remains a very serious problem and is rapidly increasing globally through the use of the Internet. This chapter focuses on the child pornography and IT, and the various methods to combat this problem. The ease of acquiring IT and digital equipments, the global reach of Internet and freely available peer-to-peer services have made child pornography a very complex issue to undertake. The borderless nature of the Internet and the lack of unified criminal code among nations further escalated the complexity of law enforcement against child pornography.


2004 ◽  
Vol 26 (1) ◽  
Author(s):  
Eric Hilgendorf

AbstractAfter some introductory remarks on the German legal system and German legal politics, the main forms of datanet crime on the Internet are sketched. After that, one of the most important Internet-cases of the last decade, the CompuServe case, is discussed in some detail. One of the main problems of datanet crime is its global reach. The world-spanning nature of the cyberspace significantly enlarges the ability of offenders to commit crimes that will affect people in a variety of other countries. On the other hand, the jurisdiction of national criminal law cannot be expanded at will by any single nation. A transnational criminal law for the Internet is possible but should be restricted to the defence of universally (or nearly universally) accepted interests and values. In effect, it seems that the problems of computer-related crime on the Internet cannot be solved by criminal law alone.


2018 ◽  
Vol 9 (2) ◽  
pp. 25-32
Author(s):  
Alexandru Tăbuşcă ◽  
Silvia-Maria Tăbuşcă ◽  
Gabriel Garais

Abstract The new realities brought on us by the growing usage of IoT devices should be paralleled by new sets of paradigms and regulations, in order to not only accomplish the raise in the living standards of people but also to increase their level of human security. The IoT devices, as well as, in whole, the virtually completely internet connected society we live in today, need strong and clear rules and regulations, need laws that can help maintain and improve the cyber-security level. While being able to electronically track one’s children, by a multitude of IoT and other electronic devices, it is a great and useful feature we have to take into account that the same information, now shared over the internet, might also get into the wrong hands and lead to unpleasant or even dangerous situations.


Author(s):  
Deborah Russo ◽  
Monica Parodi

Abstract The increasing use of the internet by minors has made public the risk they run of becoming victims of serious cyber-crime. This awareness has led to the adoption of binding and soft-law instruments in the field of International and EU law aimed at combating new forms of crime and protecting minors in the cyberspace. This paper, after having critically analysed the main acts adopted at International and EU level, focuses on their implementation in the Italian legal system. In doing so, cybercrimes committed by adults against children and those committed among peers will be separately considered. The study shows that, despite the legislator’s attempt to carry out the obligations deriving from International and EU Law, there are still several critical profiles in the national law.


Author(s):  
Mary Lyn Stoll

Corporate Social Responsibility (CSR) is highly valuable for transnational corporations, but entails special requirements of heightened honesty in the marketing of CSR as compared to other goods and services. Because trust is essential to communicating the value of CSR effectively, companies must attend to the unique benefits and challenges that online communication of CSR commitments pose. While the Internet is ideal in allowing for global reach and greater capacity than the confines of standard advertisements, the Internet also poses special challenges in terms of facilitating trust with consumers and other stakeholders. This chapter highlights both the problems and benefits of marketing good corporate conduct online and provides moral guidelines for marketers of good corporate conduct.


E-Marketing ◽  
2012 ◽  
pp. 1192-1205
Author(s):  
Mary Lyn Stoll

Corporate social responsibility (CSR) is highly valuable for transnational corporations, but entails special requirements of heightened honesty in the marketing of CSR as compared to other goods and services. Companies need help in finding appropriate venues for advertising CSR. The Internet is an ideal medium for advertising CSR because it affords a global reach and greater space than the confines of standard advertising venues. However, using the Internet also poses special challenges in terms of perceived epistemic criteria for truth in a company’s online presence. This chapter highlights both the problems and benefits of marketing good corporate conduct online and provides moral guidelines for marketers of good corporate conduct.


Author(s):  
Joanne Scott

This chapter explores aspects of Court of Justice of the European Union (CJEU) case law that highlight the role that this Court has played in enhancing the global reach of EU law and the influence of its own judgments abroad. It addresses two main themes. The first theme is concerned with the CJEU’s contribution in shaping the institutional arrangements established by international agreements concluded by the EU with its neighbouring countries, particularly as regards the role carved out for the CJEU within them. The CJEU has succeeded in enhancing its own role and interpretative authority within the framework of these agreements. The chapter argues that the CJEU has emerged as an agent of its own authority by jealously guarding its interpretative supremacy, as well as the autonomy of EU law. The second theme is concerned with CJEU case law addressing ‘global reach’ EU law. This includes EU law which is extraterritorial, or which gives rise to territorial extension. It also covers EU legislation, which serves as a catalyst for the ‘Brussels Effect’. It is argued that the CJEU has enhanced the external influence of EU law by interpreting broadly and upholding the lawfulness of global reach EU law. Taken together, these two themes exemplify the ways in which EU law, including CJEU judgments, can have influence in third countries. This analysis contributes to our understanding of why some judgments issued by the CJEU have proved to be particularly influential in third countries, as exemplified by the various chapters included in this volume.


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