Category Archives: Defamation and Privacy
Cihat Börklüce, ‘Big Data Misuse and European Contract Law’
ABSTRACT The dynamics of contractual interactions have been evolving in recent years, as big data introduces new dimensions to previously conventional contracts. This development intensifies the information asymmetry between the dominant and vulnerable parties, posing increasing challenges for consumers and the entirety of European contract law. This paper offers three main contributions to this discourse. […]
O’Connell and Church, ‘No One Reads Privacy Notices. So Why Do We Have Them?’
ABSTRACT Under the GDPR, controllers must be transparent and provide individuals with details about the way in which they process those individuals’ personal data. This is typically done using a privacy notice. The transparency obligation is often described as being fundamental to the operation of the wider data protection framework. This article analyses the results […]
Daniël Jongsma, ‘The thorny issue of IP address retention and online copyright infringement: The Full Court shows the way in La Quadrature du Net and Others’
INTRODUCTION On 30 April 2024, the European Court of Justice (ECJ), sitting as a full Court, delivered a landmark judgment concerning the lawfulness of retention of and access to IP addresses for the purpose of combating online copyright infringement. The decision represents something of a reckoning for the ECJ with some of its earlier rulings, […]
Edwards, Harbinja and McVey, ‘Governing Ghostbots’
ABSTRACT This article discusses the legal implications of a novel phenomenon, namely, digital reincarnations of deceased persons, sometimes known as postmortem avatars, deepfakes, replicas, holographs, or chatbots. To elide these multiple names, we use the term ‘ghostbots’. The piece is an early attempt to discuss the potential social and individual harms, roughly grouped around notions […]
Mona Naomi Lintvedt, ‘Under the Robot’s Gaze’
ABSTRACT This article delves into the power dynamics at play in human-robot interactions, using gaze theory and panopticism to argue that social robots exert a form of disciplinary power over humans. It challenges the notion of gaze as merely visual by highlighting the sensory and psychological dimensions of omnipresent surveillance that robots are capable of. […]
Myles Pulsford, ‘The Federal Court’s Defamation Jurisdiction: Revisiting Crosby v Kelly (2012) 203 FCR 451′
ABSTRACT The interpretation adopted by the Full Federal Court of Australia in Crosby v Kelly (2012) 203 FCR 451 of s 9(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) as a law of the Commonwealth for the purposes of s 76(ii) of the Constitution, and as a source of federal jurisdiction, has had […]
Bogle and Lindsay, ‘Serious harm: six lessons since Lachaux’
ABSTRACT This study investigates the operation of the serious harm test in England & Wales following the UK Supreme Court’s decision in Lachaux v Independent Print. From an examination of 85 subsequent cases, we identify six key lessons from the case law. We contend that as the intricacies of the serious harm test continue to […]
Michal Lavi, ‘Targeting Children: Liability for Algorithmic Recommendations’
ABSTRACT We live in the algorithmic society, characterized by massive digital surveillance and data collection by private companies exploiting human information vulnerabilities for profit. The infrastructure of free expression translates into an infrastructure of digital surveillance. This model, dubbed ‘surveillance capitalism’, includes massive personalized algorithmic targeting that departs from human speakers, allowing a level of […]
‘Rethinking Digital Privacy in Tort’
Tsachi Keren-Paz, Egalitarian Digital Privacy: Image-Based Abuse and Beyond (2023). In his excellent book, Egalitarian Digital Privacy: Image-Based Abuse and Beyond, Tsachi Keren-Paz defends a number of interesting and provocative claims about the liability of persons in relation to the distribution and viewing of intimate images whose dissemination and in some cases, production, is non-consensual, […]
Einat Albin, ‘The Three-Tier Structural Legal Deficit Undermining the Protection of Employees’ Personal Data in the Workplace’
ABSTRACT Even though personal data protection is a fundamental right, and legislation and the courts aim to pursue it, in practice, employees have no meaningful protection of their personal data within the workplace and have few opportunities to act, individually or collectively, to ensure the security of their data. In this article, I argue that […]