The legal protection of most human rights and their actual efficacy has been fundamentally changed by the gradual transition to a networked society in nearly every country in the world. In some cases, new legal paradigms are required to allow for continued protection in an entirely different setting, such as for freedom of expression and privacy. In other cases, the regulation of new technologies requires a revision of public policy in order to enable the adequate realization of the right to free enterprise and consumer rights.
This course will cover the diagnosis of the challenges brought by high levels of internet penetration in modern constitutional democracies and the alternative solutions for them to be found in new arrangements in public and private law. The approach will emphasize concrete cases from different countries and the technological elements involved and the discussion of the merits of available solutions will stimulate critical legal thinking on what the law in these scenarios could be instead of what it currently is.