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Full-Text Articles in Law
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Michigan Journal of International Law
The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …
Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami
Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami
Michigan Journal of International Law
The perspective offered by this Article is twofold. The emergence of transgovernmental networks gives rise to two questions, one causal and the other normative. First, how do we explain transnational cooperation through networks? Why do governments and regulators choose to establish networks rather than retain virtually limitless discretion over policymaking, conditioned only by international legal obligations? Based on the author’s examination of the records of the intergovernmental negotiations on the Data Protection Directive, this Article concludes that one precondition for fettering national discretion through networks is common preferences among governments on the substance of the policy to be administered. Compared …
International Law And The Information Age, John K. Gamble
International Law And The Information Age, John K. Gamble
Michigan Journal of International Law
The subject of this article is problematic because of the paucity of other work addressing the topic and its amorphous and technical nature. The author shall argue that the information age will affect almost all aspects of how international law is made and studied, everything from theory to sources to research to teaching. Rather than limiting the article to one or two aspects of the changes brought by the information age, the author offers a tour d'horizon. This risks superficiality, but is consonant with the goal of stimulating discussion about issues that are important to the future of international …
Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe
Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe
Michigan Journal of International Law
The growth of the modem "information society" is a phenomenon transcending national borders, characterized by tremendous progress in both telecommunications and computer technology - a technology called collectively "telematics." Telematics have not only become the vital nervous system of our domestic economies and begun to play an increasing role in our private lifestyles, but have grown to link the nations of the world in constant, instantaneous, and complex ways. These communications and the data conveyed through them (whether their raw material is written text, tables, numbers, pictures, or voices), due to their importance, are in many respects a matter of …
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Michigan Journal of International Law
There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.
The International Application Of The Second Computer Inquiry, Robert M. Frieden
The International Application Of The Second Computer Inquiry, Robert M. Frieden
Michigan Journal of International Law
This article chronicles the FCC's attempt to confront the confluence of telecommunications and data processing technologies by fashioning a regulatory scheme designed primarily for the United States. The Commission has chosen to apply this scheme, without significant qualification, internationally. Given the different objectives and structure of United States and foreign communications industries, the FCC's system cannot be transplanted abroad without prior consultation and substantial modification. After reviewing the international problems created by the Commission's application abroad of its newly developed scheme, this article concludes with recommendations for resolving these conflicts that currently threaten the well-being of carriers, customers, and international …