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The Digital Rights Delusion

This book examines the ever-increasing impact of technology on our lives and explores a range of legal and constitutional questions that this raises.

It considers the extent to which concepts such as ‘cyberspace’ and ‘digital rights’ advance or undermine our understanding of this development and proposes a number of novel approaches to the effective protection of our rights in this rapidly evolving environment.

Finally, it shows how the abuse of the adjective digital has demoted legal rights into subjective and individual claims.

The work will be of particular interest to scholars of privacy, artificial intelligence and free speech, as well as policymakers and the general reader.

Available on Routledge Website, Amazon.com and all other major online bookstores.

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The TikTok ruling and the future of Chinese high-tech multinationals

The recent decision of the US Court of Appeals for the District of Columbia in the TikTok case confirms the validity of the law mandating the forced sale of the US subsidiary of the Chinese social networking giant, sets an important precedent in the relationship between rights and national security, and provides a fairly precise idea of how state control over foreign companies, not only Chinese, will evolve by Andrea Monti – Initially published in Italian by Formiche.net Continue reading “The TikTok ruling and the future of Chinese high-tech multinationals”

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Who will save us from technological profiling?

Equalize, the scandal that is filling the newsfeed of these hours re-proposes all the issues posed by similar events that have happened in Italy and abroad, and in particular, highlights three of them: the ‘loyalty’ of the civil servants entrusted with the power to enter the citizen’s lives, the involvement of private entities in the provision of technological services to critical apparatuses of the State, the need to ‘cut angles’ or to practice ‘plausible deniability’ on the part of institutions, companies and subjects in top positions even in private sectors – by Andrea Monti – Initially published in Strategikon – Italian Tech – La Repubblica
Continue reading “Who will save us from technological profiling?”

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Webscraping and AI Datasets: if the purpose is in the public interest there is no copyright infringement

“The creation of a dataset … which can form the basis for the training of artificial intelligence systems, can certainly be considered scientific research … Although the creation of the dataset as such may not be immediately associated with an increase in knowledge, it constitutes an essential step for the goal of using it to subsequently acquire the knowledge in question ’ – by Andrea Monti – originally published in Strategikon – Italian Tech-La Repubblica
Continue reading “Webscraping and AI Datasets: if the purpose is in the public interest there is no copyright infringement”

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Allegations against Pavel Durov call into question Big Tech’s stay in Europe

The publication of a press release by the Paris Public Prosecutor’s Office on the arrest of Pavel Durov allowsus to delve a little more (but not too much) into the context of the affair because it contains the list of charges brought against the founder of Telegram.
To summarise, the legal bases for Pavel Durov’s arrest are the offences set out in the LOI n° 2023-22 du 24 janvier 2023 d’orientation et de programmation du ministère de l’intérieur, which inserts Article 323- 3-2 and an additional paragraph (the twelfth) to Article 706-73-1 of the Code of Criminal Procedure, and by the Loi n° 2004-575 du 21 juin 2004 pour la confiance dans l’économie numérique that subjects the use of cryptography for uses other than authentication and integrity checks to ministerial authorisation (in practice if it serves to prove one’s identity in an e-commerce service, encryption is freely usable, if it serves to encrypt information it must be authorised by the government) by Andrea Monti – Initially published in Italian by Strategikon – Italian Tech La Repubblica Continue reading “Allegations against Pavel Durov call into question Big Tech’s stay in Europe”