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Information law (Personalized communication (E privacy directive: Cookies…
Information law (Personalized communication, Proposal of reform to Audiovisual Media Services Directive, Net Neutrality, Audiovisual Media Services Directive
Country of origin principle
harmonization of standards, E Commerce Directive:
Information Society Services:
any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services
Principle excluding prior authorisation
Basic transparency requirements : name, location, place of registry
No monitoring obligation, Universal services directive
Member States may impose reasonable "must carry" obligations, for the transmission of specified radio and television broadcast channels and services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcasts to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcasts. (Fair, reasonable and non discrimnatory conditions FRAND), Aims of media regulation
-access to balanced news and information
diversity and inclusion
-protection of young people and minors and respect for human dignity
-Consumer protection
-Protection of personal data
Promotion of media literacy
-Public opinion making
-Combating power on public opinion making
-Diversity and inclusion
-European storytelling
-Contribution to an European market
-Innovation, Access Directive:
access to, and
interconnection of, electronic communications networks
and associated facilities
Obligation to negotiate interconection
There can be negotiating between undertakings and agreements on technical
and commercial arrangements for access and/or interconnection
Undertakings who request interconnection do not require authorisation
obligations of nondiscrimination,
in relation to interconnection and/or access, Jurisdiction
Legislative: right to regulate internet in their countries
Executive: enforcement of your own or somebody elses' decisions
(injunction, warrant, subpoenas - contact with the state (microsoft ireland))
MLADs and bilateral agreemnts
international agreements
using intermediaries for enforcement: treat to public order, urgencies, must be effective, must have appeal or secondary controls.
Judiciary:
territorial (server farms started to cause problems), personal(end to end users, nexus with territory, forum yahoo, down jones), extra territorial, precribed (for example: data localization)
geo localization took to effects doctrine: conduct outside borders with consequence within borders
Article 3 GDPR: Stablishment(Google Spain)
Choice of law: Brussel and Brussel 1 convention. Contract obligation, (where contract says) consumer(where consumer lives), contract, non contract(end to end) and harm(cascading: where harm ocurred, where victims are, etc). Non determined in contract: place in which obligation must be fulfilled
Data localization can impose jurisdiction for clouds. Not about where the service is, more where the data is)