Internet Law Commons^™

Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park

UC Irvine Journal of International, Transnational, and Comparative Law

In this Article, I will review the origins of data protection laws and reestablish the concept of “data surveillance” as the primary evil that data protection laws should try to abate. From this review, I discover a transnational principle that strong data protection laws are must-haves for all jurisdictions wishing to protect privacy for their people, but that data protection laws should not be applied to data that have been made publicly available through legitimate process. I then find legislative examples embodying such principle. Next, I will look at “scientific research” exemptions from data subjects’ control on pseudonymized data, and …

The Limits Of International Law In Content Moderation, Evelyn Douek

UC Irvine Journal of International, Transnational, and Comparative Law

In remarkably short order, there has been growing convergence, especially in academia and civil society, around the idea that major social media platforms should use international human rights law (IHRL) as the basis for their content moderation rules. Even platforms themselves have begun to agree. But why have these legendarily growth-obsessed companies been so quick to voluntarily say they are jumping on this bandwagon? Afterall, advocates for incorporating IHRL into content moderation governance generally envision it operating as a constraint on social media platforms’ operations. There are both encouraging and less encouraging explanations. For the glass half-full types, there is …

Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris Van Hoboken, Ronan Ó Fathaigh

UC Irvine Journal of International, Transnational, and Comparative Law

This Article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platforms to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies, …

Masthead, Mission Statement, And Table Of Contents

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Privatized Cybersecurity Law, Ido Kilovaty

UC Irvine Law Review

Tech companies have gradually and informally assumed the role of international lawmakers on global cybersecurity issues. But while it might seem as if the international community and Internet users are the direct beneficiaries of private tech industries’ involvement in making law, there are many questions about this endeavor that require a thorough examination. The end goal and risks associated with such ventures are largely obscure and unexplored.

This Article provides an analysis of how tech companies are effectively becoming regulators on global cybersecurity, based on states’ inability to overcome geopolitical divides on how cyberspace ought to be regulated globally. This …