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Hart Studies in Information Law and Regulation

This is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

Constitutionalising Social Media

1. Introduction
Edoardo Celeste (Dublin City University, Ireland), Amélie Heldt (Leibniz Institute for Media Research, Germany) and Clara Iglesias Keller (WZB Berlin Social Science Center, Germany) 

PART 1
SOCIAL MEDIA AS A MODERN PUBLIC SQUARE
2. Social Media and Protest: Contextualising the Affordances of Networked Publics 
Tetyana Lokot (Dublin City University, Ireland) 
3. The Rise of Social Media in the Middle East and North Africa: A Tool of Resistance or Repression? 
Amy Kristin Sanders (University of Texas at Austin, USA)
4. Legal Framings in Networked Public Spheres: The Case of Search and Rescue in the Mediterranean 
Veronica Corcodel (Universidade Nova de Lisboa, Portugal) 
5. Social Media and the News Industry 
Alessio Cornia (Dublin City University, Ireland) 
 
PART 2
FUNDAMENTAL RIGHTS AND PLATFORMS’ GOVERNANCE
6. Structural Power as a Critical Element of Social Media Platforms’ Private Sovereignty 
Luca Belli (FGV Direito Rio de Janeiro, Brazil) 
7. No Place for Women: Gaps and Challenges in Promoting Equality on Social Media 
Mariana Valente (University of St Gallen, Switzerland) 
8. Social Media, Electoral Campaigns and Regulation of Hybrid Political Communication: Rethinking Communication Rights 
Eugenia Siapera and Niamh Kirk (both at University College Dublin, Ireland) 
9. Data Protection Law: Constituting an Effective Framework for Social Media? 
Moritz Hennemann (Universität Passau, Germany) 
 
PART 3
STATES AND SOCIAL MEDIA REGULATION
10. Regulatory Shift in State Intervention: From Intermediary Liability to Responsibility 
Giancarlo Frosio (Queen's University Belfast, UK) 
11. Government–Platform Synergy and its Perils 
Niva Elkin-Koren (Tel-Aviv University, Israel) 
12. Social Media and State Surveillance in China: The Interplay between Authorities, Businesses and Citizens 
Yuner Zhu (City University of Hong Kong) 
13. The Perks of Co-Regulation: An Institutional Arrangement for Social Media Regulation? 
Clara Iglesias Keller (WZB Berlin Social Science Center, Germany)
 
PART 4
CONSTITUTIONALISING SOCIAL MEDIA
14. Changing the Normative Order of Social Media from Within: Supervisory Bodies 
Wolfgang Schulz (Leibniz-Institute for Media Research, Germany) 
15. Content Moderation by Social Media Platforms: The Importance of Judicial Review 
Amélie P Heldt (Leibniz-Institute for Media Research, Germany)
16. Digital Constitutionalism: In Search of a Content Governance Standard 
Edoardo Celeste (Dublin City University, Ireland), Nicola Palladino (Trinity College Dublin, Ireland), Dennis Redeker (University of Bremen, Germany) and Kinfe Yilma (Addis Ababa University, Ethiopia)

Provides a clear understanding of data protection and privacy and examines their social value amid political struggles and the AI revolution.

Legal and Philosophical Perspectives

Conceptions of Data Protection and Privacy

Looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use.

Can researchers and innovators use UK public sector data to produce knowledge that improves policy making, scrutinises government work and promotes the public interest?

This book looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use. It asks: what are the frameworks that govern access to public sector big datasets for researchers and innovators? How are these frameworks applied in practice? What are the governance solutions for policy makers interested in harnessing the untapped potential of public sector big data to improve their policies and create public benefit? 

Public sector data is a valuable resource that can help researchers and innovators create knowledge and solutions that benefit society. As public bodies collect increasingly more data about us, UK policy makers try to maximise the use of public sector big data for the benefit of the public. But accessing this data is not easy. There are many legal, technical, and ethical barriers that prevent the use of public sector data for research and innovation. 

This book is for researchers and innovators who want to understand and overcome the barriers to accessing UK public sector data. It is also for policy makers who are interested in how public sector data can be used to improve decision-making, scrutinise government work, and promote the public interest.

Regulating Access to Public Sector Big Data for Research and Innovation

Big Data for the Public Good

This book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR.

The book includes contributions analysing the efficacy of the Regulation's consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data.

The book is unique in setting out to record a period of rapid development - and significant challenge - for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world's most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse.

In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR's introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.

This book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR.

The book includes contributions analysing the efficacy of the Regulation’s consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data.

The book is unique in setting out to record a period of rapid development – and significant challenge – for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world’s most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse.

In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR’s introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.

GDPR in the Machine

Critical Reflections on the EU’s Data Protection Regime

Based on author's thesis (doctoral - European University Institute, 2017) issued under title: Cybersecurity and privacy rights in EU law: moving beyond the trade-off model to appraise the role of technology.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. 

The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation.

An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

A Law, Policy and Technology Analysis

Cybersecurity, Privacy and Data Protection in EU Law

This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

The new edition of Comparative Media Law and Ethics further explores differing legal and ethical systems as they relate to media practice and regulation around the world. Updated material in this expanded edition includes exploration of different approaches to libel law on social media, assessment of the impact of WikiLeaks on state and national security law, libel law developments in US and UK, changes to privacy media law and media regulation in the UK in light of the Leveson Inquiry and more international analysis of media law issues in countries including Denmark, India, Indonesia, China and Hong Kong. Additional updates include an expanded glossary and new companion website materials.

The new edition of Comparative Media Law and Ethics further explores differing legal and ethical systems as they relate to media practice and regulation around the world. Updated material in this expanded edition includes exploration of different approaches to libel law on social media, assessment of the impact of WikiLeaks on state and national security law, libel law developments in US and UK, changes to privacy media law and media regulation in the UK in light of the Leveson Inquiry and more international analysis of media law issues in countries including Denmark, India, Indonesia, China and Hong Kong. Additional updates include an expanded glossary and new companion website materials.

Comparative Media Law and Ethics

Hart Studies in Constitutional Law

Landmark edited volume on the making and amendment of the UK constitution.

Making and Amending the Constitution

Routledge Studies in Criminal Justice, Borders and Citizenship

This book explores the ways in which crimmigration restructures the relationship between Latinos and dominant society to reinforce their marginalized status in the United States and how this contributes to a subordinated identity.

This book explores the ways in which crimmigration restructures the relationship between Latinos and dominant society to reinforce their marginalized status in the United States and how this contributes to a subordinated identity.

Crime, Immigration and Racial Subordination

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect's role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability - design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect’s role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability – design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

A Guidebook for the UK Architect

Why Architects Get Sued

This book provides the first in-depth scholarly analysis of fraud, the highest volume crime in England and Wales, addressing the challenges faced in building a principled criminal law response by presenting an innovative normative analysis. The UK is now in a pandemic of fraud. There were 4.6 million fraud offences recorded in the year ending March 2021, accounting for 42% of all crime committed against individuals. Fraud is now the highest volume crime in England and Wales; its incidence in the first half of 2021 was described by UK Finance as a 'national security threat'. The book provides the answers to key questions, such as: - How can the rapidly changing nature of fraud be understood and mapped by criminal lawyers? - How does fraud connect to economic crime more broadly? - Is the current landscape for criminalising fraud fit for purpose, in the light of changes to the nature and complexity of wrongdoing? - What are the principled limits to using Artificial Intelligence technologies to detect and to penalise fraud? - Which principles should inform fraud criminalisation and governance following the COVID-19 pandemic, to meet the challenges of a digital age and a stretched criminal justice system?

The Future of Criminalisation of Fraud in England and Wales

The Fraud Pandemic

The First Decade of an Intermediate Appellate Court

The Irish Court of Appeal

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Best Practices for Law

Forensic Science Evidence

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Modern Studies in European Law

"Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. This important work illustrates how different branches of government co-determine each others' powers"--

The Dynamics of Powers in the European Union

Analytics and AI for Healthcare

This edited volume examines the transformative impact of AI technologies on global healthcare systems, with a focus on enhancing efficiency and accessibility. A comprehensive guide for healthcare professionals, AI researchers, and those seeking to develop effective AI-driven healthcare solutions that address global health challenges.

Advancing AI Solutions for Global Health Challenges

Scalable Artificial Intelligence for Healthcare

Constitutionalising Social Media

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