The Hidden Interest in a Common European Identity

A common European identity is an important part of the European political lexicon; however, at the institutional level, it was taken seriously only when the economic crisis, the legal challenges of EU integration, and the Brexit story encouraged a fresh look into the problem. Moreover, the European identity problem may be viewed differently from the Western and Eastern European perspectives, which helps to identify the roots of contemporary “official” and “sociological” perceptions of a common European identity. The Standard Eurobarometer (EB) questionaries were used as a proxy to analyze the interest of the EU in a common European identity. We analyzed the types of questions asked from 2004 to 2020 and took a look at the responses. The shifts in the composition of the Standard EB questionaries signal that the “official” understanding of identity is gaining ground against the “sociological” approach. The promotion by official bodies of the EU of a one-sided understanding of a common European identity, based on the Western approach, narrows the field and creates certain risks. In the face of a permanent EU-ropean unity crisis, it would not be wise to lose one of the important instruments that could be successfully used to identify the hidden challenges of the future.

Legal challenges and applications in Indonesia

The challenge and application of law in Indonesia is to find the relevance of the thoughts of academics, researchers, and policymakers in the Jokowi era, which is the core objective of this study. We believe that from applying the law in a country is the key to the success of leadership supported by academic thinking and government or public policymaking. For this reason, we have reviewed many of the findings of scientific studies that we have summarized from various scientific and practitioner points of view and also various views from different countries, all of which we found in various legal journal applications, books, and also websites for democracy and justice and justice. Before presenting this data as findings, we first answer high-quality questions. We have used a phenomenological approach to get the cellular data, then we have done high echolocation, coding systems, and concluding. Based on the findings of the study data and its discussion, we can summarize that the challenges of legal application in Indonesia can be seen from the irrelevance between the thoughts of academics, experts in this field, and the decision-making governments in enforcing the law in Indonesia.

Digital Ethics

The purpose of this chapter is to discuss strategies that can be applied in the domain of cyberlaw. The chapter begins by distinguishing between ethics, morality, and law. It then focuses on the relation between ethics and digital technologies. The chapter then examines proposals for what should be included in codes of ethics as well as examples of codes of ethics for IT companies. The examples include the British Computer Society, the Association for Computer Machinery, and the Data Processing Management Association. Next, ethical codes for regulating automation, computerization, and artificial intelligence are summarized. The chapter then discusses ethical issues surrounding privacy, anonymity, and personal data, including the EU's right of access by data subjects as well as issues connected with big data. The chapter then focuses on crimes caused by digitization and the protection of intellectual property. The chapter concludes by considering recent laws of ecommerce as well as social and international legal challenges of regulating cyberspace.

A Contextual Study of Regulatory Framework for Blockchain

This study seeks to understand and explain the technological and regulatory challenges of blockchain technology particularly in execution mechanism of smart contracts as compared to regular contracts and to explore legal implication attached the blockchain technology. While evaluating the early days of regulatory framework of blockchain, the current study provides a focused review of relevant studies to identify the legal challenges arising from the application of AI in smart contracts and to find solutions to overcome these challenges. The study has emphasized certain areas related to the blockchain such as AI application and execution of smart contracts and finds that that there is currently a lack of legal certainty as to how various requirements of a valid contract would be satisfied. Hence, it highlights the need of regulation without disrupting the key yet essential features of blockchain. Keywords: Blockchain, Smart contract, AI, Framework, Legislation, Cryptocurrency

Cross-Border Transfers of Personal Data After Schrems II: Supplementary Measures and new Standard Contractual Clauses (SCCs)

This article analyses the legal challenges of international data transfers resulting from the recent Court of Justice of the European Union (CJEU) decision in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Schrems II). This judgement invalidated the EU-US Privacy Shield Framework but upheld the use of standard contractual clauses (SCCs). However, one caveat is that organisations would have to perform a case-by-case assessment on the application of the SCCs and implement ‘supplementary measures’ to compensate for the lack of data protection in the third country, where necessary. Regrettably, the CJEU missed the opportunity to specify what exactly these ‘supplementary measures’ could be. To fill this gap, the European Data Protection Board (EDPB) adopted guidelines on the measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data. In addition, on June 4th, 2021 the European Commission issued new SCCs which replaced the previous SCCs that were adopted under the previous Data Protection Directive 95/46. These new developments have raised the bar for data protection in international data transfers. In this article, we analyse the current regulatory framework for cross-border transfers of EU personal data and examine the practical considerations of the emerging post-Schrems II legal landscape.

EU Criminal Law and Electronic Surveillance: The Pegasus System and Legal Challenges It Poses

The introduction of modern forms of communication, such as encrypted messengers or VoIP telephony, has forced law enforcement agencies to use new technologies to carry out surveillance of people facing criminal proceedings. Rather than relying on the interception of communications during transmission, modern surveillance systems are often based on breaking or bypassing the security features of a user’s mobile device – making it possible to conduct various forms of surveillance that include audio and video recording. One example of such a system is Pegasus – a tool that was initially used to pursue national security objectives but is now increasingly applied in criminal surveillance. The introduction of technical innovations in criminal surveillance must include an examination of their compatibility with legal constraints laid down to protect the individual against the risk of arbitrariness and abuse of power. The effectiveness of surveillance should never be the sole determinant for tasks undertaken by public authorities. The aim of this article is to demonstrate that the implementation of modern surveillance measures such as Pegasus must also include a review of existing legal regulations to ensure that the use of these products’ extended capabilities is under proper control and complies with the rule of law.

Legal challenges for the European Union concerning an international treaty on business and human rights

Las violaciones de los derechos humanos perpetradas por empresas son una realidad que ha sido un tema de derecho internacional y órganos de los derechos humanos por un período considerable. A lo largo de los años, se contemplaron diversas propuestas e instrumentos de carácter diverso para la regulación de la conducta empresarial. Todos son objeto de un intenso escrutinio y se han convertido en elementos polémicos entre los Estados involucrados en las negociaciones. El único documento adoptado por consenso en las Naciones Unidas, los Principios Rectores sobre Empresas y Derechos Humanos, contiene reglas no vinculantes. Sin embargo, los intentos de producir un tratado internacional vinculante nunca cesaron y actualmente se debaten con una participación considerable de la Unión Europea (UE). El objetivo de este artículo es analizar el progreso en el marco de desarrollo de las relaciones de las actividades comerciales con los derechos humanos, considerar la participación de la UE y determinar si la UE puede seguir avanzando en el estándar de protección, especialmente si tiene competencia suficiente para concluir el posible acuerdo de empresas y derechos humanos y qué enfoques son viables para que la UE implemente dicho acuerdo en su ordenamiento jurídico.