Surveillance, Privacy and Trans-Atlantic Relations

by David Cole (Editor), Federico Fabbrini (Editor), Stephen Schulhofer (Editor)

Overview

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance.
This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis.
As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.

Product Details

ISBN-13:	9781509905423
Publisher:	Bloomsbury Publishing
Publication date:	02/09/2017
Series:	Hart Studies in Security and Justice
Sold by:	Barnes & Noble
Format:	eBook
Pages:	248
File size:	455 KB

About the Author

David D Cole is Hon George J Mitchell Professor in Law and Public Policy at Georgetown University Law Center, and National Legal Director of the American Civil Liberties Union. He writes regularly for The Nation, the New York Review of Books, and many other publications.
Federico Fabbrini is Full Professor of Law at the School of Law&Government of Dublin City University. He holds a PhD in European Law from the European University Institute.
Stephen Schulhofer is Robert B McKay Professor of Law at New York University Law School. He is the author of More Essential Than Ever: The Fourth Amendment in the Twenty-first Century.
David D Cole is Hon George J Mitchell Professor in of Law and Public Policy at Georgetown University Law Center, and National Legal Director of the American Civil Liberties Union. He writes regularly for The Nation, the New York Review of Books, and many other publications.
Federico Fabbrini is Full Professor of EU Law and Director of the Law Research Centre at Dublin City University, Ireland. He holds a PhD in European Law from the European University Institute.
Stephen Schulhofer is Robert B McKay Professor of Law at New York University Law School. He is the author of More Essential Than Ever: The Fourth Amendment in the Twenty-first Century.

Table of Contents

List of Contributors vii

1 Introduction: Privacy and Surveillance in Transatlantic Perspective David Cole Federico Fabbrini Stephen Schulhofer 1

Part I Domestic Perspective

2 Rights-based Review of Electronic Surveillance after Digital Rights Ireland and Schrems in the European Union Tuomas Ojanen 13

3 Domestic Surveillance of Public Activities and Transactions with Third Parties: Melding European and American Approaches Christopher Slobogin 31

Part II Comparative Perspective

4 Privacy Federalism in the United States and the European Union: The Role of State Institutions Bilyana Petkova 49

5 From DRD to PNR: Looking for a New Balance Between Privacy and Security Ariannu Vedaschi Gabriele Marino Noberasco 67

Part III Perspective of Private Corporations

6 The Possibilities and Limits of Corporations as Privacy Protectors in the Digital Age Jonathan Hafetz 91

7 The Right to Privacy, Surveillance and the Global Obligations of Corporations David Bilchitz 113

Part IV Perspective of NGOs and Oversight Authorities

8 Mass Surveillance and Oversight Hilde Bos-Ollermann 139

9 In re EPIC and the Role of NGOs and Experts in Surveillance Cases Marc Rotenberg 155

Part V Transatlantic Perspective

10 A Transatlantic Privacy Pact?: A Sceptical View Stephen J Schulhofer 173

11 Transatlantic Negotiations for Transatlantic Rights: Why an EU-US Agreement is the Best Option for Protecting Privacy Against Cross-border Surveillance David Cole Federico Fabbrini 197

12 Concluding Remarks Peter Hustinx 215

Index 229

Editorial Reviews

...there is plenty here to both introduce scholars to current critical debates and problems, and at the same time to suggest important points of departure for further research.” —International Jourbanal of Law and Information Technology

“In this book, issues of privacy and surveillance are explored from a domestic, comparative and transatlantic perspective as well as from the perspective of private corporations, non-governmental organizations and oversight authorities. Thus, it gives a comprehensive overview about current transatlantic challenges and the perspectives involved.” —European Review of Public Law

From the Publisher