نظارت، حریم خصوصی و روابط فراآتلانتیکی (مطالعات هارت در امنیت و عدالت)

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century. Volume 1 in Hart Studies in Security and Justice Contents List of Contributors 1 Introduction: Privacy and Surveillance in Transatlantic Perspective Part I Domestic Perspective 2 Rights-based Review of Electronic Surveillance after Digital Rights Ireland and Schrems in the European Union I. Introduction II. Summary of Digital Rights Ireland and Schrems and Their Wider Context Within the EU"s System for the Protection of Fundamental Rights III. The Parameters of Rights-based Review of Surveillance IV. Institutional Implications: Towards More Pluralistic Forms of Review? V. Conclusion 3 Domestic Surveillance of Public Activities and Transactions with Third Parties: Melding European and American Approaches I. Introduction II. Targeted Investigations and Mosaic Theory III. Panvasive Systems and Political Process Theory IV. Conclusion Part II Comparative Perspective 4 Privacy Federalism in the United States and the European Union: The Role of State Institutions I. Introduction II. Institutional Analysis of Data Privacy in the United States III. Institutional Analysis of Data Privacy in the European Union IV. Concluding Remarks 5 From DRD to PNR: Looking for a New Balance Between Privacy and Security I. Introduction II. The EU-US PNR Agreements III The EU-Canada PNR Agreements IV. Applying the ECJ Privacy Doctrine to PNR V. From DRD to PNR: Which Balance between Privacy and Security? VI. Concluding Remarks Part III Perspective of Private Corporations 6 The Possibilities and Limits of Corporations as Privacy Protectors in the Digital Age I. Introduction II. Corporations and the Rise of Big Data III. Corporation as Privacy Protectors IV. Corporate Social Responsibility and Privacy V. Conclusion 7 The Right to Privacy, Surveillance and the Global Obligations of Corporations I. Introduction: The Technological Revolution and the Expansion of Corporate Power II. The Right to Privacy and Corporations: Justifying Direct Human Rights Obligations III. Specifying the Obligations of Corporations: Privacy And Surveillance IV. Conclusion Part IV Perspective of NGOs and Oversight Authorities 8 Mass Surveillance and Oversight I. Introduction II. Mass Surveillance: What"s in a Word? III. The Necessity of Mass Surveillance IV. What are the Minimum Safeguards that should be in Place? V. Obstacles and Opportunities for Oversight of Mass Surveillance VI. Concluding Remarks 9 In re EPIC and the Role of NGOs and Experts in Surveillance Cases I. In Re EPIC II. Opportunities in US Courts III. Opportunities for Amici in the ECtHR and the CJEU IV. Current Matters V. Conclusion Part V Transatlantic Perspective 10 A Transatlantic Privacy Pact?: A Sceptical View I. Spheres of Privacy-Before and After the Digital Transformation II. Emerging Proposals for Reform III. Implications for Americans IV. The Dangers of Multilateralism V. Embracing Sovereignty VI. Conclusion 11 Transatlantic Negotiations for Transatlantic Rights: Why an EU-US Agreement is the Best Option for Protecting Privacy Against Cross-border Surveillance I. Introduction II. The Advantages and Necessity of a Transatlantic Compact III. The Interaction of Domestic and Transatlantic Processes: The Schrems Decision and the EU-US Privacy Shield IV. Conclusion 12 Concluding Remarks I. Introduction II. Lessons Learned III. EU Charter IV. Respect for Private Life V. Protection of Personal Data VI. National Security VII. Enforceability VIII. Need for More Effectiveness IX. Rebuilding Trust in EU-US Data Flows X. The CJEU decision in Schrems Index Introduction : Privacy And Surveillance In Transatlantic Perspective / David Cole, Federico Fabbrini, And Stephen Schulhofer -- Rights-based Review Of Electronic Surveillance After Digital Rights Ireland And Schrems In The European Union / Tuomas Ojanen -- Domestic Surveillance Of Public Activities And Transactions With Third Parties : Melding European And American Approaches / Christopher Slobogin -- Privacy Federalism In The United States And The European Union : The Role Of State Institutions / Bilyana Petkova -- From Drd To Pnr : Looking For A New Balance Between Privacy And Security / Arianna Vedaschi And Gabriele Marino Noberasco -- The Possibilities And Limits Of Corporations As Privacy Protectors In The Digital Age / Jonathan Hafetz -- The Right To Privacy, Surveillance, And The Global Obligations Of Corporations / David Bilchitz -- Mass Surveillance And Oversight / Hilde Bos-ollermann -- In Re Epic And The Role Of Ngos And Experts In Surveillance Cases / Marc Rotenberg -- A Transatlantic Privacy Pact? A Sceptical View / Stephen Schulhofer -- Transatlantic Negotiations For Transatlantic Rights : Why An Eu-us Agreement Is The Best Option For Protecting Privacy Against Cross-border Surveillance / David Cole And Federico Fabbrini. Edited By David D Cole, Federico Fabbrini, And Stephen Schulhofer. Includes Bibliographical References And Index. Présentation de l'éditeur : "Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century." "Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century."--Bloomsbury Publishing. "Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century."--Résumé de l'éditeur