Judicial Protection of Fundamental Rights on the Internet

Oreste Pollicino is Professor of Constitutional Law at Bocconi University and Member of the Executive Board, EU Agency for Fundamental Rights, Vienna.

• 1. Technology and Judges Across the Atlantic I. The Amplification of Judicial Momentum II. Metaphors, Judicial Frames and Cyberspace III. Jurisdictions, Territory and Cyberspace IV. Freedom of Expression, Privacy and Data Protection Across the Atlantic V. Conclusions 2. Judges and Freedom of Expression: From Atoms to Bits Across the AtlanticI. Freedom of Expression in Action II. The US Judicial Landscape of Freedom of Expression III. The European Judicial Landscape of Freedom of Expression A. The Jurisprudence of the Strasbourg Court B. The Jurisprudence of the CJEU IV. Concluding Remarks: Transatlantic Frames Compared and the Need for Care when Handling Metaphors 3. Judges, Privacy and Data Protection: From Atoms to Bits Across the Atlantic I. Privacy and Data Protection in Action II. Stagnation in the US and the European Metamorphosis III. The EU Judicial Enforcement of Digital Privacy: A New Frame? A. Digital Rights Ireland B. Google Spain C. Schrems IV. The European Personal Data Fortress V. Conclusions 4. The Judicial Bridges of Privacy and Speech in the Information Society I. Judicial Momentum at the IntersectionII. The Drawbridge of the European Fortress III. Judicial Protection of Speech and Data on a Global Scale IV. The Stagnation in the US V. Digital Sovereignty Across the Atlantic and Beyond VI. Conclusions 5. The Courts and Private Powers in the World of Bits: Towards Digital Constitutionalism? I. The Rise and Amplification of Judicial Activism II. The Courts and Private Power in the Digital Era A. Algorithms and Freedom of Expression B. Algorithms and Data Protection III. Digital Constitutionalism in Action: Which Remedies can be Invoked against the Emergence of Digital Private Powers? IV. Conclusions

The book aims to inject a European and constitutional “soul” into the topic. This requires engaging in the dialogue between national and European courts. However, the book does not stop here. The thorough analysis of the forms, models, and styles of judicial protection of fundamental rights in the digital era also compares the European vision to that of the USA.