Should a robot enjoy any legal status independent of its human creators? If so, what kind of legal status would that be? Should the robot enjoy its/her/his “rights”? One’s answers to these futuristic questions might in part depend on whether one’s image of autonomous robots comes from the film Bicentennial Man (1999) based on Isaac Asimov’s novel or a more recent movie Ex Machina (2014). In the film version of Bicentennial Man, a highly autonomous robot played by Robin Williams exhibits humorous, friendly, and warm-hearted characteristics that co-exist with human communities. By contrast, in Ex Machina, a beautiful human-looking robot ended up deceiving a man and achieving freedom by taking advantage of the trust that the man developed towards the robot. While we cannot tell if such a self-governing robotic machine could ever be built, these two movies depict diametrically opposed scenarios that robots can have both beneficial and disturbing consequences to human beings. Continue reading
On 11 April 2018, Facebook founder and CEO Mark Zuckerberg appeared at the US congressional hearings. At the heart of the testimony was the Cambridge Analytica fallout on the misuse of Facebook users’ data, which continues to reveal the vulnerabilities of social media companies and their impact on politics. The business model of social media companies is based on the sale of advertisements and the provision of apps which allow the social media platforms to make the most of users’ data. Their businesses’ unique strength resides in the “targeted advertising” of potential consumers — and voters. While Facebook and other similar social media generate an enormous benefit of sharing information, the companies’ reliance on users’ data triggers an unprecedented risk of information misuse, not only in a commercial sense, but also for political campaigns.
The UGlobe Dialogue Series “Disrupting Technologies?” hosted its first event on 15 March 2018, in the week before the Referendum on a new Dutch Law on the Intelligence and Security Services (the Wet op de inlichtingen- en veiligheidsdiensten, Wiv). This new law would extend the possibilities of secret services to monitor online behavior. Technology has changed since the usage of fixed telephony and dialup internet-access in the 1990s to the widespread use of smartphones, 4G and Wi-Fi-hotspots in 2018. So changes in the law regulating the intelligence services are necessary, and in view of the upcoming referendum it is necessary to engage in a debate on the new competences regarding these new technologies and the framework of supervision of these intelligence and security services. Continue reading
The Utrecht Journal of International and European Law (UJIEL), is issuing a Call for Papers to be published in its forthcoming Special Issue on European Law (February 2018). The Board of Editors invites proposals from research institutes and projects who wish to showcase the work of their researchers in an Open Access Special Issue. Institutes and projects seeking collaboration are invited to email us at email@example.com.
For further information please consult our website:www.utrechtjournal.org
Deadline for Submissions: 25 August 2017
The Utrecht Journal of International and European Law is an Open Access, peer-reviewed, biannual law journal of Urios, the Utrecht Association for International and European Law. It was founded in 1981 in Utrecht, The Netherlands. Our latest special issue was prepared in co-operation with The Public International Law & Policy Group (PILPG), a global pro bono law firm and Nobel Peace Prize nominee (http://www.utrechtjournal.org/15/volume/33/issue/84/).
On 10 April, Al Jazeera revealed how “surprisingly simple” it can be to circumvent sanctions and export control on cyber surveillance technologies. Al Jazeera’s four-month undercover investigation exposed the practices of merchants who sell spyware technologies as a “wi-fi router” and thereby readily escape from authorities’ export control radar. The investigation brought to light, for instance, an Italian communications company’s readiness to execute a 20-million euro deal to export to Iran an IP-intercept system which could be used for spying citizens. The company may be able to evade the EU’s export control by labelling the intercept Continue reading
This summer many European citizens woke up in shock. Whilst reading the newspaper, listening to the radio, scrolling on Facebook, having breakfast, we learnt that a small majority of the voters in the Brexit referendum voted to leave the European Union. Not only does the (potential) Brexit have consequences for the internal market and the economic and social rights of EU citizens, but it also threatens their status as such. This is shocking for EU citizens with the nationality of another Member State residing in the United Kingdom, because their status will be redefined. For instance, in the future they will no longer be able to rely on equal treatment based on EU citizenship in the United Kingdom. Possibly even more shocked were British nationals, who might now actually lose their status as EU citizens, either living in the United Kingdom or elsewhere in the European Union. This will significantly impact their possibilities to work, study, and take up residence in another EU Member State. Continue reading
On 31 January, the Japanese Supreme Court, for the first time in its history, handed down a decision regarding a so-called “right to be forgotten” case. The right to be forgotten—whose development the EU helped shape—entails an individual having the right to ask that a search engine remove search results linking to a specific result about him- or herself. The Japanese Supreme Court decided in favor of the search engine giant, Google, without referring to this emerging yet still contested right to be separated from one’s past online. Noteworthy, nonetheless, is that the Japanese Supreme Court laid down certain criteria with which to mandate the removal of search results. (The decision in Japanese is available here.) Continue reading
In April 2014, the Albanian Ministry of Justice and the Minister of State on Local Issues granted the Willem Pompe Institute for Criminal Law & Criminology the task of designing a Whistleblower Protection Law for Albania. This project was supported by the Embassy of the Netherlands in Albania and funded by the Dutch Rule of Law Programme. The team responsible for drafting the Law and the explanatory memorandum consisted of researchers from the Research Programmes UCALL and RENFORCE: François Kristen (UCALL), Eelke Sikkema (UCALL), John Vervaele (RENFORCE), Dina Siegel-Rozenblit (RENFORCE) and myself (RENFORCE). The draft Law and the explanatory memorandum were sent to Tirana in March 2015, and in the beginning of June this year, the Netherlands Embassy announced that the Albanian Parliament had approved the Whistleblower Law. The Law will enter into force once it is promulgated by the President of the Republic and published in the Official Gazette. However, it is important to note that until its publication in the Official Gazette we do not know to what extent the approved Law differs from the draft Law we submitted. Continue reading
The 2016 Annual European Criminal Law Academic Network (ECLAN) Conference was entitled “The Needed Balances of EU Criminal Law: Past, Present and Future”. One of the discussed topics was how to establish the right balance between measures that provide security and those that protect freedom. The point was strongly made that EU law to date has focused too much on establishing an Area of Security by adopting mutual recognition instruments and minimum harmonization measures which contribute to the protection of individuals against cross-border criminality. An example is the widening definition of offences linked to terrorist activities. After the 9/11 attacks, Framework Decision 2002/475/JHA was adopted whose provisions include the definition of terrorist offences and offences linked to terrorist activities. In 2008, Framework Decision 2008/919/JHA broadened the scope of offences linked to terrorist activities by criminalizing recruitment and training for terrorism. In 2015, as a response to the continuing and growing threat of terrorism, the Commission introduced a far-reaching proposal for a Directive on combating terrorism. Title III of this Directive on offences related to terrorist activities includes ‘travelling abroad for terrorism’, which is a new offence. Continue reading