Category Archives: Defamation and Privacy

‘Common Law Expansions to Anonymous Defamers Online’

“The issue of anonymous parties engaging in defamation has been one of the primary issues in online defamation. In many cases, the matter is often resolved as soon as this identity is ascertained. As such, de-anonymizing has been one of the primary strategies employed by plaintiff’s counsel in such actions …” (more) [Omar Ha-Redeye, Slaw, […]

Coe and Brown, ‘What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights’

ABSTRACT This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting […]

Elettra Bietti, ‘Consent as a Free Pass: Platform Power and the Limits of the Informational Turn’

ABSTRACT Across the United States and Europe, notice and consent, the act of clicking that ‘I have read and agree’ to a platform’s terms of service, is the central device for legitimating and enabling platforms’ data processing, acting as a free pass for a variety of intrusive activities which include profiling and behavioral advertising. Notwithstanding […]

Monika Zalnieriute, ‘Google LLC v Commission Nationale de l’informatique et des Libertés (CNIL)

ABSTRACT In Google LLC v CNIL, the Court of Justice of the European Union (CJEU or Court) held that the EU law only requires valid ‘right to be forgotten’ ‘de-referencing’ requests to be carried out by a search engine operator on search engine versions accessible in EU Member States, as opposed to all versions of […]

Dara Hallinan, ‘Broad consent under the GDPR: an optimistic perspective on a bright future’

ABSTRACT Broad consent – the act of gaining one consent for multiple potential future research projects – sits at the core of much current genomic research practice. Since the 25th May 2018, the General Data Protection Regulation (GDPR) has applied as valid law concerning genomic research in the EU and now occupies a dominant position […]

‘Symposium: Consumer and Data Privacy: the digital revolution of legal, social and economic interaction’

“Happy 2020 to all our readers! After (I hope) a relaxing Christmas break for most of us, it is time to look forward to consumer events/news/developments that are awaiting us in the coming weeks/months. To start with, you may be interested in a symposium, which takes place that on January 24th at Maastricht University …” […]

Erdem Büyüksagis, ‘Towards a Transatlantic Concept of Data Privacy’

ABSTRACT Due to ever-growing big data and the ease with which information can be transmitted over the Internet, it has become more complicated for individuals to enjoy their rights to access, to rectify and erase personal information, and for the judiciary to apply conventional privacy law rules, such as consent, transparency, and purpose limitation. On […]

‘Top 10 Defamation Cases of 2019: a selection’

“Inforrm reported on a large number of defamation cases from around the world in 2019. Following my widely read posts on 2017 and 2018 defamation cases, this is my personal selection of the most legally and factually interesting cases from England, Australia and the United States from the past year. Please add, by way of […]

Skorup and Huddleston, ‘The Erosion of Publisher Liability in American Law, Section 230, and the Future of Online Curation’

ABSTRACT As internet businesses started to emerge in the 1990s, online content distributors were taken to court for defamatory material they published or republished. While one court found in Cubby v CompuServe (1991) that the internet-based company was not liable, a second court trying Stratton Oakmont v Prodigy (1995) arrived at the opposite conclusion. Congress […]

Frank Pasquale, ‘Data-Informed Duties in AI Development’

ABSTRACT Law should help direct – and not merely constrain – the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying […]