The new media and communication technologies have significantly increased the number of online cross-border disputes between individuals and businesses involving the security and protection of personal identity and intellectual creations. The digital era challenges the traditional methods of coordination between States, based on geographical localization, revealing a substantial gap in Internet governance world-wide, which leads...
GOVERNING TECHNOLOGY UNDER INTERNATIONAL AND EUROPEAN LAW: ENHANCING SECURITY WHILST SAFEGUARDING RIGHTS (?)
Cutting-edge technologies may have a beneficial impact, including in terms of enhanced security and democracy. Yet, distinctive elements of the current technological era, such as the raising role of private actors and the growing automation, challenge traditional legal categories and raise new regulatory concerns. International and EU law are continuously confronting with a whole array...
EU Anticipatory Border Governance in the Age of Interoperability. A Legal Appraisal of the New ‘Flexiciency’ Paradigm
Within the European Agenda on Security, interoperability has passed from being a management concept to an encompassing policy goal, achieved through integration of sensor networks with IT databases. This move may trigger a huge impact on the economics of border protection, particularly in the context of maritime surveillance. This paper deals with the opportunities and...
Privates involvement in law enforcement activities: a preliminary assessment of the emerging role of Internet Services Providers under EU law
The image of Internet as a tool providing easier, maybe even more democratic, access to the freedom of expression has by now proved to be too idyllic. Indeed, Internet has also shown is face as a vehicle, if not a catalyst, of conducts that impinge on individuals‘ rights no less seriously than off-line conducts. Online...
The Passenger Name Record (PNR) ‘dilemma‘ within and beyond European Union’s borders: balancing security concerns and the protection of fundamental human rights
Whilst the collection of PNR data is increasingly perceived by States as a vital risk assessment tool against security threats, the delivery, on 26 July 2017, of the CJEU‘s negative Opinion on the new envisaged EU-Canada PNR agreement – where the Court found that several provisions of the said draft agreement did not comply with...
The Use of Autonomous Weapons Systems in Domestic Law Enforcement Operations: Testing the Resilience of International Human Rights Law
The compatibility of AWS with International Human Rights Law (IHRL) is nowadays largely unexplored. Plausibly, the reason can be find in an apparent lack of practice related to the use of AWS outside the context of an armed conflict. Moreover, contrary to International Human Rights Law, IHRL does not contain specific limitations on the use...