Global Technology and Legal Theory: Transnational Constitutionalism, Google and the European Union

ISBN-13: 9781032241098 / Angielski / Miękka / 2021 / 226 str.

Guilherme Cintra Guimarães

Opis

The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions.

Spis treści

Table of Contents

Acknowledgements

Acronyms and abbreviations

Introduction

(I) Google and its global reach

(II) A new constitutional question?

(III) Structure of the book

1) Constitutionalism and world society

1.1. Constitutions and modern society: content and form

1.2. Globalization and world society: structural changes and semantic bifurcations

1.3. The discourse on constitutionalism beyond the state

1.3.1. Transconstitutionalism and its realistic approach

1.3.2. The European Union: between free market and democratic politics

1.3.3. Transnational corporations: autonomous organizational trends

2) The architecture of cyberspace

2.1. The Internet beyond freedom and control

2.2. Internet governance: law and politics in cyberspace

2.3. Mass surveillance online: the United States and their transnational corporations

2.4. Google and the reality of search engines

3) Disrupting markets and tax bases

3.1. "We’re afraid of Google"

3.1.1. Competition in cyberspace

3.1.2. Antitrust investigations and proceedings

3.1.3. Neutrality, pluralism and competition

3.2. Fighting digital tax avoidance

3.2.1. Challenges to the taxation of the digital economy

3.2.2. Searching for Google’s mobile and stateless income

4) Privacy, social memory and global data flows

4.1. The media of data and the forms of information

4.2. Privacy and data protection online

4.3. The case law of the CJEU

4.3.1. Publishing, searching and forgetting content online

4.3.2. Collecting, transferring and spying on personal data

4.4. Remembrance, forgetting, surveillance

4.4.1. The first index and the right to be forgotten

4.4.2. The second index and the power of digital bureaucracies

4.4.3. Profiles, exposure and discrimination

Conclusion

(I) Transnational constitutional conflicts over global data flows

(II) The transconstitutional protection of privacy

(III) Constitutionalizing markets over politics

(IV) Human contingency and data determinism

Bibliography

Articles, books and conferences

Documents, reports and press releases

News, blogs and posts

Websites

International treaties and legislation

Judicial and administrative proceedings

Index

O autorze

Guilherme Cintra Guimarães received his PhD in International Law from the

University Roma Tre, Italy. He is a Federal Attorney at the Brazilian Office of the

Attorney General of the Union.