Sept. 8, 2019
BY BASIC TECHNOLOGY, MANY SITES BLOCKTHE INTERNET USERS THE POSSIBILITY TO SAY "NO":THEY "CONSENT" TO TRANSFER THEIR PERSONAL DATA, WITHOUT OTHER TECHNOLGICAL CHOICES THAN THAT OF "ALL ACCEPT". THE LINK BETWEEN "CONSENT" AND "FREE WILL" IS THEREFORE BROKEN
Updated: Sept. 5, 2019 (Initial publication: April 30, 2019)
Reference : Frison-Roche, M.-A., L'apport du Droit de la Compliance dans la Gouvernance d'Internet (The contribution of Compliance Law to the Internet Governance), Report asked by the French Government, published the 15th July 2019, 139 pages ; report fully translated in English later.
Report Summary. Governing the Internet? Compliance Law can help.
Compliance Law is for the Policy Maker to aim for global goals that they requires to be achieved by companies in a position to do so. In the digital space built on the sole principle of Liberty, the Politics must insert a second principle: the Person. The respect of this One, in balance with the Freedom, can be required by the Policy Maker via Compliance Law, which internalises this specific pretention in the digital companies. Liberalism and Humanism become the two pillars of Internet Governance.
The humanism of European Compliance Law then enriches US Compliance law. The crucial digital operators thus forced, like Facebook, YouTube, Google, etc., must then exercise powers only to better achieve these goals to protect persons (against hatred, inadequate exploitation of data, terrorism, violation of intellectual property, etc.). They must guarantee the rights of individuals, including intellectual property rights. To do this, they must be recognized as "second level regulators", supervised by Public Authorities.
This governance of the Internet by Compliance Law is ongoing. By the European Banking Union. By green finance. By the GDPR. We must force the line and give unity and simplicity that are still lacking, by infusing a political dimension to Compliance: the Person. The European Court of Justice has always done it. The European Commission through its DG Connect is ready.
Plan of the Report (4 chapters): an ascertainement of the digitization of the world (1), the challenge of civilization that this constitutes (2), the relations of Compliance mechanisms as it should be conceived between Europe and the United States, not to mention that the world is not limited to them, with the concrete solutions that result from this (3) and concrete practical solutions to better organize an effective digital governance, inspired by what is particularly in the banking sector, and continuing what has already been done in Europe in the digital field, which has already made it exemplary and what it must continue, France can be force of proposal by the example (4).
Read below the 54 propositions that conclude the Report.
June 5, 2019
Thesaurus : Doctrine
Référence complète : Thierache, C., RGPD vs Cloud Act : le nouveau cadre légal américain est-il anti-RGPD ?, in La Revue juridique Dalloz IP/IT, n°6, 2019, p.367
Les étudiants de Sciences po peuvent lire l'article via le Drive dans le dossier "MAFR - Régulation & Compliance"