New Report: “A Comparison between US and EU Data Protection Legislation for Law Enforcement”

Please see this report, “commissioned by the European Parliament’s Policy Department
for Citizens’ Rights and Constitutional Affairs at the request of the LIBE
Committee [Committee on Civil Liberties, Justice and Home Affairs],” here.

From the Executive Summary of the report:

Generally, it can be concluded that the EU data protection framework in the law enforcement sector is shaped by comprehensive data protection guarantees, which are codified in EU primary and secondary law and are accompanied by EU and ECtHR case law. In contrast, US data protection guarantees in the law enforcement and national security contexts are sector specific and are therefore contained within the specific instruments which empower US agencies to process personal data. They vary according to the instruments in place and are far less comprehensive.
Above all, constitutional protection is limited. US citizens may invoke protection through the Fourth Amendment and the Privacy Act, but the data protection rights granted in the law enforcement sector are limitedly interpreted with a general tendency to privilege law enforcement and national security interests. Moreover, restrictions to data protection in the law enforcement sector are typically not restricted by proportionality considerations, reinforcing the structural and regular preference of law enforcement and national security interests over the interests of individuals. Regarding the scope and applicability of rights, non-US persons are usually not protected by the existing, already narrowly interpreted, guarantees. The same is true with regards to other US law. When data protection guarantees do exist in federal law, they usually do not include protection for non-US persons.

Legal Affairs Committee of Council of Europe’s Parliamentary Assembly States that Mass Surveillance Practices “Endanger Fundamental Human Rights”

A new report of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly (PACE), Council of Europe states that the mass surveillance practices disclosed by US whistleblower Edward Snowden “endanger fundamental human rights.”

The report is here.

Please see the accompanying press release here.

EU “Right To Be Forgotten” Guidelines

Europe’s Article 29 Working Party, made up of data protection (or data privacy or information privacy) representatives from individual Member States of the European Union (EU), recently published guidelines for implementing the so-called “right to be forgotten” ruling, which was earlier handed down by Europe’s top court in May of this year.

CRS Report on Tax Issues Regarding Corporate Expatriation, Inversions and Mergers

The Congressional Research Service (CRS) recently published a new report:

Corporate Expatriation, Inversions, and Mergers: Tax Issues (R43568 – May 27, 2014)
Donald J. Marples, Specialist in Public Finance
&
Jane G. Gravelle, Senior Specialist in Economic Policy

Here is the table of contents:

Contents
Introduction …………………………………………………………………………………………………………… 1
U.S. International Tax System…………………………………………………………………………………… 2
Anatomy of an Inversion………………………………………………………………………………………….. 2
Substantial Business Presence ……………………………………………………………………………….. 2
U.S. Corporation Acquired by a Larger Foreign Corporation ………………………………………. 3
A Smaller Foreign Corporation Acquired by a U.S. Corporation ………………………………….. 3
Response to Initial Inversions: The American Jobs Creation Act ………………………………….. 4
Post-2004 Inversions and Treasury Regulations ………………………………………………………… 5
Policy Options ……………………………………………………………………………………………………….. 7
U.S. Corporate Tax Reform …………………………………………………………………………………….. 8
Lower the Corporate Tax Rate  ……………………………………………………………………………….. 8
Adopt a Territorial Tax System   ………………………………………………………………………………. 9
Tax Reform Proposals  …………………………………………………………………………………………… 9
Targeted Approaches ………………………………………………………………………………………….. 10
Concluding Thoughts …………………………………………………………………………………………… 11

Amnesty International (AI): “Torture is Flourishing”

Amnesty International (AI) earlier this month posted the sad report

Torture in 2014: 30 Years of Broken Promises

For the accompanying AI press release, please see here.

Open Educational Resources (OERs)

The European Parliamentary Resource Service has this month posted a valuable briefing on open educational resources (OERs) — something related, of course, to Open Access (OA), which has been frequently referenced earlier on this blog in various places, including but not limited to here, here, here, here, here, here, here and here; please see (for a PDF):

New technologies and open education resources: Transforming education requires pedagogical, organisational and technological innovation. Increasing use of the Internet brought in a new era in course design and delivery to the mainstream model of traditional education. That is particularly so for open educational resources

 

Recent Open Access Development in the U.K.: “Briefing on Mandatory Open Access Policies”

The Society of College, National and University Libraries (SCONUL) representing all university libraries in the United Kingdom and Ireland published last month a 135-page document

Briefing on Mandatory Open Access Policies

Prepared by Sarah Durrant, Red Sage Consulting and Ann Rossiter

Hat tip to DocuTicker.com.

New Goettingen (Göttingen) Journal of International Law (GOJIL) Issue

The Goettingen (Göttingen) Journal of International Law (GOJIL) has just published its most recent issue GoJIL Vol. 4 No. 3 (2012).

There are 8 different articles, including the 1st one by Jochen von Bernstoff, which analyzes Georg Jellinek’s ideas on State sovereignty as well as his concept of ‘auto-limitations’ in the 20th century.

There are also 2 articles on the principles of international criminal law, and 3 articles on the impact of human rights on international and national developments.

Among these latter 3 is the article written by the winner of the annual Student Essay Competition, Roee Ariav, and an article that deals with the issue of so called ‘land grabbing’ in Sub-Saharan Africa, written by Semahagn Gashu Abebe.

GOJIL is an e-journal of legal scholarship focusing on International Law. It is the first German international law journal published exclusively in English and is run by students from the University of Goettingen.

Leveson Report on Culture, Practices and Ethics of the British Press

The recently-published judicial public inquiry into the culture, practices and ethics of the British press, chaired by Lord Justice Leveson (Sir Brian Henry Leveson), is available here.

From the concluding page (paragraph 146) of the Executive Summary:

I end where I started this Summary. This is the seventh time in less than 70 years that the issues which have occupied my life since I was appointed in July 2011 have been addressed. No-one can think it makes any sense to contemplate an eighth. The ball is now in the court of the politicians. I expect my recommendations to be treated in exactly the same cross-party spirit which led to the setting up of this Inquiry. The Rt Hon Sir John Major put it graphically: “I have no idea what this Inquiry will recommend, but if it makes recommendations that require action, then I think it is infinitely more likely that that action will be carried into legislation if it has the support of the major parties. If it does not, if one party breaks off and decides it’s going to seek future favour with powerful proprietors and press barons by opposing it, then it will be very difficult for it to be carried into law, and I think that is something that is very important. So I think there is an especial responsibility on the leaders of the three major parties. 20-odd years ago – 23 years ago, I think – a senior minister said the press were drinking in the last-chance saloon. I think on this occasion it’s the politicians who are in the last-chance saloon. If, at the end of this Inquiry, with the recommendations that may be made – and I don’t seek to forecast what they may be, but if the recommendations that are made are not enacted and nothing is done, it is difficult to see how this matter could be returned to in any reasonable period of time, and those parts of the press which have behaved badly will continue to behave badly and put at a disadvantage those parts of the press that do not behave badly.

I reiterate: I think the underlying purpose is to eliminate the bad behaviour and bring the bad up to the level of the good, and the bad is just a cancer in the journalistic body. It isn’t the journalistic body as a whole. And I think in the interests of the best form of journalism, it is important that whatever is recommended is taken seriously by Parliament, and it is infinitely more likely to be enacted if neither of the major parties decides to play partisan short-term party politics with it by seeking to court the favour of an important media baron who may not like what is proposed.” FN29


FN 29 page 61 line 22 – page 62 line 21: https://www.levesoninquiry.org.uk/wp-content/uploads/2012/06/Transcript-of- Morning-Hearing-12-June-2012.pdf

For further information, see, e.g., here.

New Goettingen (Göttingen) Journal of International Law (GOJIL) Issue on the Precursors to International Constitutionalism; Call for Papers for Next Issue on the Law and Politics of Indigenous Peoples in International Law

The Goettingen (Göttingen) Journal of International Law (GOJIL) has just published its most recent issue (Volume 4, Number 2) on the precursors to international constitutionalism, especially the development of the German constitutional approach, which is available here.

GOJIL is an e-journal of legal scholarship focusing on International Law. It is the first German international law journal published exclusively in English and is run by students from the University of Goettingen.

Call for Papers

The next issue of GOJIL (Volume 5, Number 1) will focus on the law and politics of indigenous peoples in international law.

Indigenous peoples have received increasing public and scholarly attention over the last decades. They have had a unique journey from colonial times to the beginning of their political presence in the United Nations since the 1970s to the UN Declaration on the Rights of Indigenous Peoples in 2007. The UN’s International Year for the World’s Indigenous Peoples in 1993, as well as the following decades of the world’s indigenous peoples from 1995 to 2004 and 2006 to 2015, indicate the ongoing need to attend to indigenous peoples’ interests. Discourses on indigenous peoples rights and their claim for self-determination are now found beyond international human rights law. Today topics such as intellectual property rights, control over the exploitation of natural resources, the protection of traditional knowledge and traditional cultural expressions are on the agenda. Underlying all this is the constant debate about an appropriate definition of “indigeneity” and the implementation of indigenous peoples’ rights beyond the Americas, particularly in Asia and Africa. In order to shine a light on the legal and political problems indigenous peoples are facing, GOJIL calls for authors to submit papers on the topic by March 1, 2013. For more information, please email: info@gojil.eu.