Category Archives: Defamation and Privacy
Mehmet Bilal Unver, ‘From information fiduciaries to AI: minding the gap of trust’
ABSTRACT This paper revisits fiduciary relationships in the context of digital platforms and artificial intelligence (AI), evaluating whether fiduciary duties retain relevance within an AI-driven socio-technical environment. It outlines the core features of fiduciary law and examines how interpersonal and institutional trust are reshaped by digital platforms, drawing on the EU Digital Services Act (DSA) […]
Townend and Doughty, ‘Cold comfort: To what extent is there a gendered chilling effect in England and Wales?’
ABSTRACT This article considers how women’s public allegations of abuse by men have been limited by defamation and privacy law during a period of important changes to the media legal landscape in England and Wales. We consider the implementation of the Defamation Act 2013; the embedding of the misuse of private information tort; and restrictions […]
T Markus Funk, ‘Freedom vs Dignity: What US and German Defamation Law Protect (and What They Sacrifice)’
ABSTRACT Defamation law exposes a jurisdiction’s deepest constitutional instincts. In the US, First Amendment doctrine reflects a belief that truth best emerges from unrestrained speech. The US model, reflecting historical antecedents, is designed to prevent government suppression of dissent, even at the cost of corrosive falsehoods being spread, In Germany, in contrast, post-authoritarian constitutionalism following […]
Raphael Esu, ‘Blockchain and data protection: developing a functional erasure framework for storage limitation’
ABSTRACT This article aims to contribute to the contemporary issue of blockchain’s compatibility with data privacy regulations. Existing literature primarily focuses on the potential legal challenges associated with using blockchain technology for processing personal data. This article focuses specifically on the storage limitation principle and shifts from merely identifying problems to proposing a more solution-oriented […]
Paul Accornero, ‘From Corporate Misalignment to Market Failure: The Convergence Parallel and AI Governance in Sales and Marketing Systems’
ABSTRACT While AI safety discourse fixates on speculative superintelligence risks, commercial AI systems deployed today in sales and marketing already exhibit the instrumental convergence behaviors that researchers warn about. This paper introduces the ‘Convergence Parallel’ framework, demonstrating structural homologies between corporate optimization and AI safety concerns. Through analysis of algorithmic price discrimination, manipulative interface design, […]
Andy Wang, ‘Network Harms’
ABSTRACT When it comes to data, the whole is greater than the sum of its parts. There may be millions of people with the same birthday. But how many also have a dog, drive a red car, and have two kids? The more that data is aggregated, the more identifying, and thus sensitive, it becomes. […]
Stephan Mulders, ‘Risk and fundamental rights infringements as a form of “damage” per Article 82 GDPR’
INTRODUCTION In the Austrian Post case, the Court of Justice of the European Union (CJEU) threw out the proverbial baby with the bathwater, deciding that the concept of ‘non-material damage’ in Article 82 of the General Data Protection Regulation (GDPR) must be interpreted uniformly according to EU law. Prior to this, the concept was mostly […]
Jeevan Hariharan, ‘Physical Privacy and The Media’
ABSTRACT This chapter provides an introduction to the concept of physical privacy and its legal protection, with a particular emphasis on the ways in which physical privacy is relevant in the contemporary media law landscape. Physical privacy, it is contended, is best understood as an individual’s interest in controlling the circumstances in which their body […]
Ángel Díaz, ‘The Public Harms of Private Surveillance’
ABSTRACT Private surveillance is rapidly reshaping public space. With inexpensive storage, widespread amplification, and integrated data sharing, modern surveillance networks operate with unprecedented scale, prevalence, and influence. Unlike the neighborhood watches of the past, these networks are always on, subjecting public movements to facial recognition from doorbell cameras, license plate readers tracking car movements, and […]
Verma, Dal Pont and Nielsen, ‘Personal Information Collection Via Video Games: Australian Privacy Law Implications’
ABSTRACT Video game companies collect vast amounts of personal information about gamers, including — but not limited to — age, gender, facial scans, credit card details, licence numbers and location data. There is a significant gap in research regarding the true scope of this information collection and associated privacy law Implications. This is particularly evident […]