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.
The acceleration of these flows poses new legal and political problems
to their regulation and control, as shown by recent conflicts between Google and
the European Union (EU).
This book investigates the transnational constitutional dimension of recent
conflicts between Google and the EU in the areas of competition, taxation and
human rights. More than a simple case study, it explores how the new conflicts
originating from the worldwide expansion of the Internet economy are being dealt
with by the institutional mechanisms available at the European level. The analysis
of these conflicts exposes the tensions and contradictions between, on the one
hand, legal and political systems that are limited by territory, and, on the other
hand, the inherently global functioning of the Internet. The EU's promising
initiatives to extend the protection of privacy in cyberspace set the stage for a
broader dialogue on constitutional problems related to the enforcement of fundamental
rights and the legitimate exercise of power that are common to different
legal orders of world society. Nevertheless, the different ways of dealing with the
competition and fiscal aspects of the conflicts with Google also indicate the same
limits that are generally attributed to the very project of European integration,
showing that the constitutionalization of the economy tends to outpace the constitutionalization
of politics.
Providing a detailed account of the unfolding of these conflicts, and their wider
consequences to the future of the Internet, this book will appeal to scholars
working in EU law, international law and constitutional law, as well as those in the
fields of political science and sociology.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate
Maße
Höhe: 234 mm
Breite: 156 mm
Gewicht
ISBN-13
978-0-367-18195-6 (9780367181956)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Guilherme Cintra Guimaraes 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.
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
