Virtual Freedoms, Terrorism and the Law
IntroductionEvery Day’s TerrorismThe New Face of TerrorismThe Law of Fear TodayAbout the Precautionality PrincipleAbout the Proportionality PrincipleThe Exceptional and Temporary Nature of the LawThe European Law of FearThe French Laws ‘Relative à l’État d’Urgence’The French Law ‘Renforçant la Sécurité Intérieure et la Lutte contre le Terrorisme’The Law of Fear TomorrowEnforcement of the Right to Digital PrivacyAtoms, Bits, and TerrorismDigital Rights IrelandGoogle SpainSchremsTele2 SverigeConclusionsProcessing Personal Data on EU Cross-Border Movements to Fight Terrorism*Jihadist Terrorism as a Cross-Border PhenomenonThe Importance of the Sharing of Data on Cross-Border Movements within the Schengen AreaThe New Directives on the Processing of Data and the Safeguarding of National SecurityThe Passenger Registry (Personal Name Record or PNR)When Data Crosses the External Border: Data Sharing with Non-EU Third CountriesThe Failed PNR Agreement with Canada and the Court of Justice’s Requirements Regarding the Transfer of Passenger DataData Sharing with the US: the EU-US Umbrella Agreement and the Privacy Shield'5Closing RemarksCybersecurity and Data Protection in European Union Policies and Rules: The NIS Directive and the GDPR Synergy*Data Protection and CybersecuritySecurity of Network and Information Systems in EU PoliciesSecurity of Personal Data ProcessingConclusionArtificial Intelligence and the Right to Privacy in Times of TerrorismPrivacy in the Age of Artificial IntelligenceThe Advent of New Technologies and the Reasonable Expectation of Privacy for Big DataThe General Data Protection Regulation 2016I679IEU between Limits and Openness to the Challenges of AlFighting Terrorism Online: Censorship, Platforms and Freedom of Expression across the AtlanticCensorship, Terrorism and Online PlatformsFreedom of Expression across the AtlanticTackling Online Terrorist Content in EuropeTackling Online Terrorist Content in the USOnline Terrorism and Private Enforcement of Fundamental RightsConclusionsFreedom of Speech and Social Networks in the Age of Terrorism: A Comparative AnalysisHate Speech: An Uncertain DefinitionFreedom of Speech in the Age of Terrorism: the USA CaseHate Speech on Social Networks in the USAEuropean Models of Offline and Online Freedom of SpeechHate Speech on the Internet in Europe between Private and Collateral CensorshipEuropean Union Proposal on the Prevention of Terrorist Content Online. New Regulation, Old IssuesConclusionFreedom of Expression behind the Incitement to Terrorism in a Globalised World by the InternetThe Difficulty of Harmonising an Offence of Incitement to Terrorism in the Supranational Sphere. European Legislation as a ParadigmIn Search of a Common Standard with Respect to Incitement to Terrorism as a Limit to the Freedom of Expression: The Jurisprudence of the ECHR as It Contrasts with the Doctrine of the US Supreme CourtThe Internet and the Challenges for the Fight Against TerrorismIn Conclusion: A Lege Ferenda Proposal for an Offence of Incitement to Terrorism Compatible with the Highest Standards of Protection for the Freedom of ExpressionParameters towards a Fundamental Right of Accessing the Internet and Its Restrictions: The Case of TerrorismThe Lessig Theory: Law, Norms, Markets and ArchitectureInternet Access as a Human Right: Symbolism and Scope of ProtectionAccess Restriction and Terrorism: Concrete Cases and Real IssuesInternet Access Limitations and TerrorismCollaboration with ISPsConclusionNational Sovereignty, Security, and Internet Governance: Impact on Constitutional Principles and Challenges for the Human Rights of Internet UsersSocial and Political ContextThe Problem of “Sovereignty” on the InternetInternet Sovereignty BillLawThe Law of Extrajudicial Blocking of WebsitesLocalization of Personal Data of Russian CitizensYarovaya Anti-terrorist LawsFragmentation as a Threat to the Existence of the InternetLovers, Rebels, and Blade Runners An ANT Model for the Post-Human WorldFreedom Fighters, Criminals and In-between: Human Identity in FluxOn Real, Artificial, and Biosynthetic PleasuresANT: Can There Be a Real Paradigm Shift?Babies of Love, Humans in Vitro: The World o^Blade RunnerLove and Terrorism: The Illusion of RomanceConclusions: There Cannot Be a Clockwork Orange Solution!ReferencesThe Internet and Non-Nationals: Is the Internet a Tool for Inclusion or Exclusion?Introduction. The Internet and Terrorism: National States Vis-a- Vis Foreign Actors and JurisdictionsPrivacy and Big Data as a Matter of International TradeThe Continuing Relevance of Nations and Territories in Discriminatory Counter-terrorism SurveillanceConclusions: Towards an Inclusive Digital Citizenship
