Bordering migration/migrating borders

From the Great Wall of China to the Berlin Wall, border walls have long served as symbols of visible, fortified manifestations of sovereign control. Increasingly, however, prosperous countries utilize sophisticated legal tools to restrict mobility by detaching the border and its migration control functions from a fixed territorial marker, creating a new framework: the shifting border. This shifting border, unlike a reinforced physical barrier, is not fixed in time and place. It relies on law’s admission gates rather than a specific frontier location. The remarkable development of recent years is that the border itself has become a moving barrier, an unmoored legal construct. These dramatic transformations unsettle ideas about waning sovereignty just as they illustrate the limits of the push toward border-fortification. By charting the logic of a new cartography of borders and membership boundaries, Professor Shachar shows both the tremendous creativity and risk attached to these new legal innovations and the public powers they invigorate and propagate. This Article further demonstrates that debates about migration and globalization can no longer revolve around the dichotomy between open versus closed borders. As an alternative to these established theoretical poles and as part of a broader attempt to overcome policy deadlocks at the domestic and international level, Professor Shachar proposes a new approach to human mobility and access to membership in a world marred by unequal opportunities for protection and migration

Why Do We Quote?

Quoting is all around us. But do we really know what it means? How do people actually quote today, and how did our present systems come about? This book brings together a down-to-earth account of contemporary quoting with an examination of the comparative and historical background that lies behind it and the characteristic way that quoting links past and present, the far and the near. Drawing from anthropology, cultural history, folklore, cultural studies, sociolinguistics, literary studies and the ethnography of speaking, Ruth Finnegan’s fascinating study sets our present conventions into cross-cultural and historical perspective. She traces the curious history of quotation marks, examines the long tradition of quotation collections with their remarkable recycling across the centuries, and explores the uses of quotation in literary, visual and oral traditions. The book tracks the changing definitions and control of quoting over the millennia and in doing so throws new light on ideas such as 'imitation', 'allusion', 'authorship', 'originality' and 'plagiarism'

Big Data in Context: Legal, Social and Technological Insights

privacy; data protection; data mining; predictive analytic

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations. This Commentary includes an analysis of each article’s drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation.Dieser Kommentar bietet erstmals eine vollständige und aktuelle Analyse und Interpretation des Übereinkommens des Europarats zur Bekämpfung des Menschenhandels. Der Kommentar stellt in kompakter Form die Standards und Menschenrechtsverpflichtungen für jeden Artikel des Kommentars dar. Der Kommentar enthält für jeden Artikel eine Analyse der Entstehungsgeschichte, setzt den Artikel in den Kontext anderer Rechtsinstrumente und bereitet Interpretationsfragen auf

Surveillance law, data retention and risks to democracy and rights

In Klass and others v Germany, the first surveillance case before the European Court of Human Rights, it was acknowledged that the threat of secret surveillance posed by highlighting its awareness ‘of the danger such a law poses of undermining or even destroying democracy on the ground of defending it.’ This thesis considers a form of surveillance, communications data retention as envisioned in Part 4 of the Investigatory Powers Act 2016 and its compatibility with the European Convention on Human Rights. This thesis highlights that communications data is not only just as, if not more intrusive than intercepting content based on what can be retained. It also reveals that communications data is mass surveillance within surveillance. Additionally, this thesis demonstrates that communications data does not just interference Article 8 of the Convention, but a collection of Convention Rights including Articles 9, 10, 11, 14, Article 2 Protocol 4 and potentially Article 6. Each of these rights are important for democracy and Article 8 and privacy underpins them all. Furthermore, this thesis highlights that obligation to retain communications data can be served on anything that can communicate across any network. Taking all factors highlighted into consideration, when assessed for compatibility with the Convention, communications data retention in Part 4 not only fails to be ‘in accordance with the law’, it fails to establish a legitimate aim, and fails to demonstrate its necessity and proportionality. In establishing that communications data retention as envisaged in Part 4 of the Investigatory Powers Act 2016 is incompatible with the Convention, it demonstrates that it undermines democracy and has sown the seeds for its destruction. Not only would the findings of this thesis create an obstacle to an UK-EU post- Brexit adequacy finding, it would have an impact beyond UK law as many States in Europe and outside seek to cement data retention nationally

The Right to Privacy and Data Protection in Times of Armed Conflict

Contemporary warfare yields a profound impact on the rights to privacy and data protection. Technological advances in the fields of electronic surveillance, predictive algorithms, big data analytics, user-generated evidence, artificial intelligence, cloud storage, facial recognition, and cryptography are redefining the scope, nature, and contours of military operations. Yet, international humanitarian law offers very few, if any, lex specialis rules for the lawful processing, analysis, dissemination, and retention of personal information. This edited anthology offers a pioneering account of the current and potential future application of digital rights in armed conflict. In Part I Mary Ellen O’Connell, Tal Mimran and Yuval Shany, Laurie Blank and Eric Talbot Jensen, Jacqueline Van De Velde, Omar Yousef Shehabi and Emily Crawford explore how various IHL regimes, ranging from the rules regarding the protection of property to these regulating the treatment of POWs, protect the rights to digital privacy and data protection. Part II, which contains contributions by Leah West, Eliza Watt and Tara Davenport, and concentrates on the extent to which specific technological tools and solutions, such as facial recognition, drone surveillance and underwater cables. Part III of this collection examines the obligations of militaries and humanitarian organizations when it comes to the protection of digital rights. Tim Cochrane focuses on military data subject access rights, Deborah Housen-Couriel explores data protection in multinational military operations, and Asaf Lubin expounds the role of ICRC as a data controller in the context of humanitarian action. In Part IV Kristina Hellwig, Yaël Ronen and Amir Cahane focus on digital rights in the post bellum phase. This part takes a closer look at the role of the right to privacy in the investigation and prosecution of international crimes, the ‘right to be forgotten’ in cases concerning information about international crimes and the protection of the digital identities of individuals caught up in humanitarian disasters.https://www.repository.law.indiana.edu/facbooks/1297/thumbnail.jp

Red Pilled - The Allure of Digital Hate

Hate is being reinvented. Over the last two decades, online platforms have been used to repackage racist, sexist and xenophobic ideologies into new sociotechnical forms. Digital hate is ancient but novel, deploying the Internet to boost its allure and broaden its appeal. To understand the logic of hate, the author investigates four objects: 8chan, the cesspool of the Internet, QAnon, the popular meta-conspiracy, Parler, a social media site, and Gab, the "platform for the people." Drawing together powerful human stories with insights from media studies, psychology, political science, and race and cultural studies, he portrays how digital hate infiltrates hearts and minds