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Author: Publisher: ISBN: 9789294742445 Category : Languages : en Pages :
Book Description
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament's position on the legislative proposal for a Regulation on preventing the dissemination of terrorist content online, presented by the European Commission on 12 September 2018. Throughout the text, this FRA Opinion refers to the legislative text using the wording "the proposal" or "the proposed Regulation". According to the Explanatory Memorandum to the proposal, terrorists "misuse the internet to groom and recruit supporters, to prepare and facilitate terrorist activity, to glorify in their atrocities and urge others to follow suit." The impact assessment accompanying the proposal points out that availability of online terrorist content can accelerate radicalisation, recruit terrorist supporters and facilitate or instruct terrorist activity. The proposed Regulation follows a set of recently adopted voluntary measures. It builds on the work of the EU Internet Forum, launched in December 2015 as a framework of voluntary cooperation between Member States and representatives of major internet companies to detect and address online terrorist content. The proposal also operationalises the Commission's Communication on tackling illegal content online, towards enhanced responsibility of online platforms. Finally, it aims to transform into legally binding provisions some of the elements in the Commission Recommendation on measures to effectively tackle illegal content online, which sets up a voluntary framework of action for internet intermediaries. According to Recital (1) of the proposal, by preventing the misuse of hosting services for terrorist purposes, the proposed Regulation aims to ensure the smooth functioning of the digital single market in an open and democratic society. The proposal contains a definition of "terrorist content" in Article 2 (5) that is directly linked to the definition of terrorist offences set out in Directive (EU) 2017/541 on combating terrorism (Terrorism Directive).
Author: Publisher: ISBN: 9789294742445 Category : Languages : en Pages :
Book Description
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament's position on the legislative proposal for a Regulation on preventing the dissemination of terrorist content online, presented by the European Commission on 12 September 2018. Throughout the text, this FRA Opinion refers to the legislative text using the wording "the proposal" or "the proposed Regulation". According to the Explanatory Memorandum to the proposal, terrorists "misuse the internet to groom and recruit supporters, to prepare and facilitate terrorist activity, to glorify in their atrocities and urge others to follow suit." The impact assessment accompanying the proposal points out that availability of online terrorist content can accelerate radicalisation, recruit terrorist supporters and facilitate or instruct terrorist activity. The proposed Regulation follows a set of recently adopted voluntary measures. It builds on the work of the EU Internet Forum, launched in December 2015 as a framework of voluntary cooperation between Member States and representatives of major internet companies to detect and address online terrorist content. The proposal also operationalises the Commission's Communication on tackling illegal content online, towards enhanced responsibility of online platforms. Finally, it aims to transform into legally binding provisions some of the elements in the Commission Recommendation on measures to effectively tackle illegal content online, which sets up a voluntary framework of action for internet intermediaries. According to Recital (1) of the proposal, by preventing the misuse of hosting services for terrorist purposes, the proposed Regulation aims to ensure the smooth functioning of the digital single market in an open and democratic society. The proposal contains a definition of "terrorist content" in Article 2 (5) that is directly linked to the definition of terrorist offences set out in Directive (EU) 2017/541 on combating terrorism (Terrorism Directive).
Author: Giovanna De Minico Publisher: Routledge ISBN: 100017977X Category : Law Languages : en Pages : 402
Book Description
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Author: Folkert Wilman Publisher: Edward Elgar Publishing ISBN: 183910483X Category : Law Languages : en Pages : 409
Book Description
Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.
Author: Giovanni De Gregorio Publisher: Cambridge University Press ISBN: 1009080717 Category : Law Languages : en Pages : 383
Book Description
This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.
Author: Valsamis Mitsilegas Publisher: Bloomsbury Publishing ISBN: 1509925198 Category : Law Languages : en Pages : 328
Book Description
What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.
Author: Jan Wouters Publisher: Oxford University Press ISBN: 0192543946 Category : Law Languages : en Pages : 672
Book Description
With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.
Author: Adrienne Stone Publisher: Oxford University Press ISBN: 0192562622 Category : Law Languages : en Pages : 704
Book Description
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Author: E. Conde Publisher: Routledge ISBN: 0429880057 Category : Law Languages : en Pages : 458
Book Description
The Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union’s legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.
Author: Great Britain: Home Office Publisher: The Stationery Office ISBN: 9780101809221 Category : Law Languages : en Pages : 124
Book Description
The Prevent strategy, launched in 2007 seeks to stop people becoming terrorists or supporting terrorism both in the UK and overseas. It is the preventative strand of the government's counter-terrorism strategy, CONTEST. Over the past few years Prevent has not been fully effective and it needs to change. This review evaluates work to date and sets out how Prevent will be implemented in the future. Specifically Prevent will aim to: respond to the ideological challenge of terrorism and the threat we face from those who promote it; prevent people from being drawn into terrorism and ensure that they are given appropriate advice and support; and work with sectors and institutions where there are risks of radicalization which need to be addressed
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Author: Giovanna De Minico
Author: Folkert Wilman
Author: Giovanni De Gregorio
Author: Valsamis Mitsilegas
Author: Fiona de Londras
Author: Jan Wouters
Author: Adrienne Stone
Author: E. Conde
Author: Great Britain: Home Office