Will the EU Lose Access to U.S. Data Flows and Software?
Originally published by Lawfare (5 November 2021). Some EU decision-makers have adopted a radical and unreasonable interpretation of EU data protection law that lacks a limiting principle. The ultimate result may be that EU customers lose access not only to cloud services offered by U.
Users of online platforms need protection from foreign authorities under the DSA
The Digital Services Act assumes that all EU Member States will equally care about rights of all EU residents. This is just a polite fiction. Consumers and businesses need effective tools for protection against excesses of foreign authorities.
Europe Must Rethink the Digital Services Act
Originally published by The Mace (30 June 2021). The European Commission claims that the Digital Services Act (DSA) will deliver much-needed harmonisation and clarity of regulation. In fact, it introduces new risks and costs on businesses without adequate justification.
Should Cart Judicial Reviews be Abolished? Empirically Based Response
Previously published by UK Constitutional Law Blog (21 May 2021). Empirical study of effectiveness of Cart judicial reviews The Review and the Government’s Response both relied on cost and effectiveness concerns to recommend that Parliament legislates to overturn Cart.
The Digital Markets Act Shouldn’t Mandate Radical Interoperability
Originally published by Truth on the Market (19 May 2021). Despite calls from some NGOs to mandate radical interoperability, the EU’s draft Digital Markets Act (DMA) adopted a more measured approach, requiring full interoperability only in “ancillary” services like identification or payment systems.
Brief comments on the draft EU Regulation on Artificial Intelligence
The draft EU Regulation on Artificial Intelligence leaked out yesterday. Some of my (tentative) thoughts: 1. The draft’s definition of an ‘AI system’ is so broad that it risks covering most (all?
An empirical study of the gender of counsel before the UK’s highest court
Previously published by UK Constitutional Law Blog (15 March 2021). During the live television coverage of the Supreme Court hearings in Miller (No 1), some commentators (and no doubt many members of the public) noted that almost all lawyers in the courtroom were male.
La 5G nous rappelle l’importance de la vie privée des consommateurs
With Bill Wirtz Previously published by La Tribune (15 April 2019) and World Economic Forum (16 April 2019). Renforcer la responsabilité des opérateurs de réseaux pour les vulnérabilités technologiques et créer un cadre de certification souple permettront de garantir à la fois le choix du consommateur et le respect de sa vie privée.
What can data science teach us about litigation before the Supreme Court?
Originally published by in the Solicitors Journal (March 2020). Despite the woefully inadequate state of open access to case law data in the UK, I decided to use some of what’s available (texts of House of Lords and Supreme Court judgments) to show what opportunities open when we’re able to use modern data science techniques on case law.
Learn in code
Originally published by in the Solicitors Journal (February 2020). Technology will play an even greater role in the future of legal practice than it does today. Perhaps the changes are not going to be as radical in the short term as some like to claim (artificial intelligence (AI) will not be replacing lawyers anytime soon).