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Neil Richards: Why Privacy Matters

Why Privacy Matters

Routledge Research in Media Law

This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies. The vast majority of media self-regulatory codes impose an obligation not to disclose the identity of such sources, but many legal systems have traditionally been reluctant to offer such a degree of protection to anonymous sources, or any at all. However, the latter part of the twentieth century and early twenty-first century has seen an explosion in the number of such 'source protection' laws, and much judicial and legislative activity to change existing laws.Drawing on media and communications theories the book identifies a number of different theoretical justifications for source protection laws and analyzes whether the application of existing laws are consistent with any of these theories. Using legal materials and codes from a wide variety of countries it considers whether there are any noticeable trends in how different countries address this issue. It explores the influence of the United States and the European Court of Human Rights' jurisprudence on the matter beyond their jurisdictions, and asks the question whether this is an area of law captured by 'globalisation,' or whether countries with different constitutional and media traditions have developed different approaches to 'source protection.'Finally having assess the arguments in support of source protection laws Damian Carney puts forward a model clause and model shield law for the protection of anonymous sources which is theoretically and practically robust.

A Comparative, Theoretical and Critical Analysis

Journalists, Anonymous Sources and the Law

A Global Perspective on Legal Frameworks and Jurisdictional Challenges

Regulating AI in the Workplace

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

Modern Studies in European Law

This book provides an in-depth analysis of the scope and the limits of the EU regulation of the audiovisual media market, including broadcasting or other audiovisual services, but also image, sound and data storage media, and commercial communication.

Media Law and Market Regulation in the European Union

"An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical." (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 7th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering new judgments and decisions published since the last edition. Information Rights has been cited by the Supreme Court, Court of Appeal and the Tribunals, and is used by practitioners, judges and all those who practise in the field, including journalists. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions, and statutory guidance. The work is divided into 2 volumes. Volume 1 is a 1,500-page commentary, with a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act. There is detailed coverage of appeal and regulatory procedures. Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance.

A Practitioner's Guide to Data Protection, Freedom of Information and Other Information Rights

Information Rights

Lost Childhoods?

Protecting Children Under the Online Safety ACT

An unsparing challenge to conventional thinking about data regulation, showing that privacy laws choke off beneficial technologies without protecting society and individuals from harm. Ask anyone about the downsides of the digital economy, and one of the first concerns that comes to mind will be privacy. Indeed, activists and politicians increasingly talk about data privacy as though it were a fundamental human right. In this boldly contrarian rejoinder, Omri Ben-Shahar argues that many privacy laws are worse than useless. They do nothing to address the serious social problems of our data-soaked world-think, for instance, of algorithmic discrimination, concentrated platform power, or social media's impact on mental health. Meanwhile, promising digital technologies are held back by privacy regulations. Tracking devices that provide feedback on dangerous driving could cut fatal car crashes by 30 percent, yet they are prohibited in California. Facial recognition technology has already been used to rescue thousands of victims of human trafficking, yet it is largely banned in the EU. And machine-learning analysis of electronic health records would be a boon to biomedical research, but privacy rules often stand in the way. Fear of Data offers a new paradigm for the age of AI: We should think about data not in terms of individual rights but as a shared concern, like the environment. Technology's pollution of our digital commons can be remediated only through collective action. And just as we regulate factory emissions without shutting down factories altogether, so we can regulate data technologies without giving up all the good they have to offer. Drawing on the latest research and vivid real-world cases, Ben-Shahar helps us navigate the cost-benefit trade-offs that will enable a future of data-enriched flourishing.

How Privacy Panic Led Tech Regulation Astray—and How to Fix It

Fear of Data

Schriften zum Recht der Digitalisierung

Communication platforms such as Facebook, Instagram, TikTok, X, and YouTube have become central arenas of public opinion formation. Their operators moderate millions of items of user-generated content every day on the basis of privately drafted terms of service, removing not only unlawful but also lawful content protected by fundamental rights. Jonas Hiller examines under which conditions and to what extent such moderation is permissible.
 

 The legal framework is provided by the Digital Services Act (DSA), in force since 2024, whose moderation-related due diligence obligations are first systematically analyzed. Building on this, the author develops standards for reviewing both the exercise and the substantive content of privately autonomous moderation decisions, as well as their effects under private law. He also examines the scope for national regulation that remains under the fully harmonizing DSA.
 

 The study demonstrates that the DSA leads to a constitutionalization of the platform user agreement without entirely eliminating private autonomy. In their moderation practices, platform operators become bound by fundamental rights and rule-of-law principles. While they retain broad discretion in designing their terms of service, the application and enforcement of those terms in individual cases are subject to stricter scrutiny. Key criteria for this graduated intensity of review are market power, user dependency, and a platform's function as a public forum.
 

 The study also critically assesses the DSA's fully harmonizing effect, arguing that the regulation of the digital public sphere touches upon the cultural sovereignty and democratic identity of the Member States. Rather than preserving national regulatory discretion, the fully harmonizing nature of EU law results in a Europeanization of freedom of expression in the digital sphere.

Die Moderation rechtmäßiger Inhalte auf Kommunikationsplattformen

Studies in International Trade and Investment Law

This open access book examines the evolving role of international economic law in addressing two interrelated challenges of the 21st century: enabling digital development and bridging the digital divide. The rapid digitalisation of the economy has generated significant challenges, including a deepening global digital and data divide and a persistent lack of inclusive digital development. Confronting these challenges head on, this pioneering book brings together experts across different legal subfields, geographies, and disciplines to examine the role and relevance of international economic law in bridging the global digital divide and enabling digital development, particularly from the perspective of the Global South. The contributions are anchored in a distinctive analytical framework that traces future directions through which international economic law interacts with digital development, demonstrating how it may function as a constraint, fade into irrelevance, or eventually act as an enabler. The chapters focus on a broad range of areas, including international trade, investment, tax, development, competition, finance and related regulatory and policy domains; they consider multilateral, regional, and plurilateral frameworks; and draw on a plurality of perspectives from Africa, Asia, the Middle East, and Latin America. The authors employ a wide range of methodological approaches to address issues such as digital sovereignty and digital industrial policy, cross-border data flows and digital global value chains, competition in data markets, AI governance, financial inclusion, and the sustainability-digitalisation nexus. This book speaks to scholars, policymakers, and practitioners in international economic law, development studies, and technology law who seek theoretical and pragmatic pathways for reorienting international economic law as a tool for equitable, sustainable, and meaningful digital development. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Towards Digital Development

Reorienting International Economic Law for the Digital Economy

The Protection of Privacy in English Private Law

Artificial Intelligence and Blockchain in International Arbitration offers an exhaustive analysis of technology-assisted arbitration across the entire arbitral lifecycle by examining how blockchain and artificial intelligence are used in drafting and concluding arbitral agreements, in the constitution of the tribunal, in the overall procedural management of the case, on evidence and disclosure, on virtual hearings, and even on arbitral award drafting. It delves deeper into the limitations of automation, the non-delegable roles of arbitrators, and the compatibility of digital procedures with core arbitration principles such party autonomy, due process, equality of arms, secrecy, and impartiality. Additionally, it examines how new technologies interact with private international law, with the consent of the parties, the relevant legislation and how these technologies can be incorporated into arbitration without going against public policy, without violation due process rights and, in that way ensuring enforcement under the New York Convention.This book, by examining how blockchain and artificial intelligence are changing arbitral practice, provides a fresh and topical viewpoint on current debates in international arbitration and explores how these technological advancements are reshaping arbitration foundations while posing ethical challenges about the future of arbitration.

Artificial Intelligence and Blockchain in International Arbitration

Why Privacy Matters

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