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Human Rights and Risks in the Digital Era

Book Description

Globalization, along with its digital and information communication technology counterparts, including the Internet and cyberspace, may signify a whole new era for human rights, characterized by new tensions, challenges, and risks for human rights, as well as new opportunities.
Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies explores the emergence and evolution of ‘digital’ rights that challenge and transform more traditional legal, political, and historical understandings of human rights. Academic and legal scholars will explore individual, national, and international democratic dilemmas--sparked by economic and environmental crises, media culture, data collection, privatization, surveillance, and security--that alter the way individuals and societies think about, regulate, and protect rights when faced with new challenges and threats. The book not only uncovers emerging changes in discussions of human rights, it proposes legal remedies and public policies to mitigate the challenges posed by new technologies and globalization.

Table of Contents

  1. Cover
  2. Title Page
  3. Copyright Page
  4. Editorial Advisory Board and List of Reviewers
    1. Editorial Advisory Board
    2. List of Reviewers
  5. Preface
    1. IS GLOBALIZATION THE CRITICAL TURNING POINT FOR THE CURRENT HUMAN RIGHTS TALK?
    2. GLOBALIZATION, TECHNOLOGY, AND THE CHALLENGES OF THE DIGITAL ERA AS A “WOMB” OF HUMAN RIGHTS
    3. PRIVACY AS THE DOMINANT RIGHT OF THE DIGITAL AND TECHNOLOGICAL ERA
    4. BETWEEN AUTONOMY, FREEDOM, AND LIBERTY: THE ENDANGERMENTS OF THE ICT PRACTICES
    5. E-GOVERNANCE AND E-DEMOCRACY FOR SOCIAL INCLUSION AND DEMOCRATIC PARTICIPATION
    6. GLOBALIZATION AND THE POLITICS OF DIFFERENCE: MIGRATION, CULTURAL IDENTITIES, AND MINORITIES
    7. A SHORT BIBLIOGRAPHICAL GUIDE ON THE RIGHTS VS. GLOBALIZATION CONTROVERSY
  6. Section 1: Balancing and Constructing the New Rights and Freedoms of the Digital Era
    1. Chapter 1: Balancing Digital Freedoms and Digital Liberties
      1. ABSTRACT
      2. INTRODUCTION
      3. A NORTH AMERICAN QUESTION OF CONTROL
      4. A GLOBAL TRANSFORMATION
      5. A FOCUS ON THE INDIVIDUAL
      6. CONCLUSION
    2. Chapter 2: The “Right to be Forgotten” in the Era of Social Media and Cloud Computing
      1. ABSTRACT
      2. INTRODUCTION
      3. THE NEW ICT ENVIRONMENT
      4. THE RIGHT TO BE FORGOTTEN
      5. STRIKING THE BALANCE BETWEEN CONFLICTING RIGHTS
      6. SOLUTIONS AND RECOMMENDATIONS
      7. CONCLUSION
    3. Chapter 3: The Right to Public Privacy under Surveillance
      1. ABSTRACT
      2. A GLOBAL AND GREEK OVERVIEW OF THE ‘PUBLIC CAMERA SURVEILLANCE’ PHENOMENON
      3. THE LOST PRIVATE/PUBLIC SPHERE BOUNDARY AND THE CONSEQUENCES FOR THE POLITICAL PARTICIPATION
      4. DEBATING PUBLIC SURVEILLANCE: ARGUMENTS PRO AND AGAINST THE USE OF CCTV TECHNOLOGY IN PUBLIC SPACES
      5. THE SCOPE OF PROTECTING PUBLIC PRIVACY AND THE RIGHT TO ANONYMITY
      6. THE EPIMYTH OF PUBLIC SAFETY
  7. Section 2: Personal Data, Digital Privacy, and Security in the Age of Information
    1. Chapter 4: The Right to Privacy and the Protection of Personal Data in a Digital Era and the Age of Information
      1. ABSTRACT
      2. INTRODUCTION
      3. PERSONAL DATA, PRIVACY, AND POTENTIAL CONFLICTS
      4. PUBLIC PERCEPTIONS OF THE RISKS TO PRIVACY
      5. DISCUSSION
    2. Chapter 5: Data Retention and Security in Europe
      1. ABSTRACT
      2. INTRODUCTION
      3. TELECOMMUNICATIONS DATA RETENTION IN THE CRUCIBLE OF SECURITY
      4. DATA RETENTION AND THE RIGHT TO PRIVACY IN GERMANY
      5. SOLUTIONS AND RECOMMENDATIONS: TOWARDS A GLOBAL DIGITAL RIGHT TO PRIVACY
      6. CONCLUSION
    3. Chapter 6: Assessing the Evaluation of the EC Data Retention Directive
      1. ABSTRACT
      2. INTRODUCTION
      3. BACKGROUND OF THE EVALUATION
      4. MAIN FINDINGS
      5. DATA PROTECTION AND DEVELOPMENT
      6. SOLUTIONS AND RECOMMENDATIONS
      7. CONCLUSION
  8. Section 3: Balancing Technologies and Fundamental Rights in the Globalized Public Sphere: ICT Practices
    1. Chapter 7: Private Power and New Media
      1. ABSTRACT
      2. BACKGROUND
      3. THE CORPORATE RESPONSE TO WIKILEAKS
      4. A CASE OF THE ‘INVISIBLE’ HANDSHAKE?
      5. IMPLICATIONS FOR ONLINE FREE EXPRESSION AND LEGAL RECOURSE FOR WIKILEAKS
      6. THE LEGAL RECOURSE AVAILABLE FOR CORPORATE FREE SPEECH VIOLATIONS
      7. THE POSTSCRIPT TO THE CABLES LEAK: HACKERS AS THE AVENGING ANGELS OF ONLINE EXPRESSION?
      8. CONCLUSION
    2. Chapter 8: State Aid Control in the Broadcasting Sector
      1. ABSTRACT
      2. INTRODUCTION
      3. PRIMARY EU LAW REGULATING PUBLIC SERVICE BROADCASTING: THE PUZZLING WORDING OF ARTICLE 106(2) TFEU AND THE AMSTERDAM PROTOCOL ON PUBLIC SERVICE BROADCASTING
      4. THE BROADCASTING COMMUNICATION: THE COMMISSION’S PERSPECTIVE OF “GOOD” STATE AID POLICY IN PUBLIC SERVICE BROADCASTING
      5. CONCLUSION
    3. Chapter 9: Biometric Authentication in the Digital Age
      1. ABSTRACT
      2. INTRODUCTION
      3. HUMAN RIGHTS AND BIOMETRIC AUTHENTICATION
      4. GOVERNANCE AND REGULATION
      5. CONCLUSION
    4. Chapter 10: The Better Part of Valor
      1. ABSTRACT
      2. INTRODUCTION
      3. A REVIEW OF THE LITERATURE
      4. HUMAN AUTHENTICATION
      5. THE SELF PROFILE IN THE WORLD
      6. MAINTENANCE
      7. USER AWARENESS
      8. FUTURE RESEARCH
      9. CONCLUSION
  9. Section 4: e-Democracy and e-Governance: Human Rights and the Problem of Social Inclusion in Globalization
    1. Chapter 11: E-Government for Social Inclusion?
      1. ABSTRACT
      2. THE NATURE OF ANTI-POVERTY STRATEGIES
      3. THEORETICAL FOUNDATIONS OF E-GOVERNMENT
      4. ACCESS AS A COMMON “TOPOS” OF E-GOVERNMENT AND ANTI-POVERTY STRATEGIES
      5. SOME CONCLUDING REMARKS
    2. Chapter 12: Addressing Social Inclusion via eDemocracy Applications
      1. ABSTRACT
      2. INTRODUCTION
      3. eINCLUSION AND THE ENHANCEMENT OF CITIZENS’ PARTICIPATION
      4. PREREQUISITES FOR eDEMOCRACY AND PUBLIC PARTICIPATION VIA ICT
      5. CITIZENS PERCEPTION OF FREEDOM IN THE INTERNET AND ITS FUTURE
      6. REGULATED SOCIAL INCLUSIVE MEASURES AS ENABLER AND SUCCESS FACTOR FOR PUBLIC PARTICIPATION
      7. DISCUSSION AND CONCLUSION
    3. Chapter 13: Human Rights, the Global War on Transnational Terror, and the Mixed Roles of ICT
      1. ABSTRACT
      2. INTRODUCTION
      3. A BACKGROUND CONTEXT
      4. AN EXPLANATORY MODEL OF ICT USE IN TRANSNATIONAL TERROR AND GOVERNMENT COUNTERMEASURES: APPLIED INFORMATION AND COMMUNICATIONS TECHNOLOGIES (ICT)
      5. FUTURE CONSIDERATIONS
      6. CONCLUSION
  10. Section 5: Globalization and the Rights of the ‘Others’: Migration, Cultural Heritage, and Identity Building
    1. Chapter 14: The Concept of the “Other”
      1. ABSTRACT
      2. INTRODUCTION
      3. FORMAL AND INFORMAL PROCESSES OF IDENTITY BUILDING
      4. THE PARADOX OF LIBERAL-DEMOCRATIC SOCIETIES
      5. THE CONCRETE CONTENT OF CITIZENSHIP
      6. THE SEMANTIC CONTENT OF FREEDOM OF MOVEMENT IN EUROPE
      7. THE MIGRATORY POLICY OF THE REGULARIZATION PROGRAMS IN EUROPE
      8. REPERCUSSIONS ON IDENTITY BUILDING PROCESSES
      9. THE CONCEPT OF THE “OTHER” AND THE SELF
      10. CONCLUSION
    2. Chapter 15: The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation
      1. ABSTRACT
      2. INTRODUCTION
      3. THE NOTION OF ‘SAFE COUNTRY’ UNDER THE DUBLIN REGULATION
      4. HOW TO ASSESS THE SAFETY OF THE RECEIVING COUNTRY UNDER INTERNATIONAL LAW
      5. THE DUBLIN REGULATION BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
      6. THE MECHANISMS TO REBUT THE PRESUMPTION OF THE EUROPEAN UNION MEMBER STATES AS ‘SAFE COUNTRIES’ IN THE DUBLIN REGULATION AND IN THE REGULATION PROPOSAL OF THE EUROPEAN COMMISSION
      7. CONCLUSION
    3. Chapter 16: Cultural Property and Identity Issues in International Law
      1. ABSTRACT
      2. INTRODUCTION: CULTURAL AND INTELLECTUAL PROPERTY OR COLLECTIVE CULTURAL HERITAGE?
      3. INDIGENOUS DEMANDS RELATING TO CULTURAL PROPERTY / HERITAGE AND THEIR SIGNIFICANCE FOR THEM
      4. THE INADEQUACY OF INTERNATIONAL CONVENTIONS ON CULTURAL PROPERTY/HERITAGE TO MEET INDIGENOUS DEMANDS
      5. CONCLUDING REMARKS
    4. Chapter 17: Inequality in the Freedom of Movement in the Union
      1. ABSTRACT
      2. INTRODUCTION
      3. A HISTORICAL ACCOUNT OF THE TRANSITIONAL MEASURES: GRADUAL LACK OF CONTROL AND STRICTER LIMITS
      4. BULGARIA AND ROMANIA’S ACCESSION: INEQUALITY AS A TREND
      5. POLICIES OF CITIZENSHIP AND FREEDOM OF MOVEMENT IN THE UNION
      6. FREEDOM OF MOVEMENT: AN INSUFFICIENT PROTECTION AT THE CORE OF THE EUROPEAN CONSTRUCTION
      7. NEW THREATS TO THE FREEDOM OF MOVEMENT
      8. CONCLUSION
  11. Compilation of References
  12. About the Contributors