Abstract
Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process.
Highlights
Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process
To paraphrase the words of Marko Milanovic, this problem can be reduced to the question ‘Do foreigners deserve privacy?’,2 another, important issue arises: does the broad, extraterritorial interpretation of fundamental rights guaranteed in democratic countries
Not make their constitutions a ‘suicide pact’?3 And as a result, is it possible to reconcile compliance with the rule of law – which respects the universal nature of human rights – with an obvious need to ensure the security of a state’s own citizens?
Summary
Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process. Its unrestricted use has led to discussion about whether the importance of privacy – consistently highlighted in recent years – has been losing ground when it comes to foreigners.. To paraphrase the words of Marko Milanovic, this problem can be reduced to the question ‘Do foreigners deserve privacy?’,2 another, important issue arises: does the broad, extraterritorial interpretation of fundamental rights guaranteed in democratic countries. Lubin, ‘“We Only Spy on Foreigners”: The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance’, 18 Chicago Journal of International Law (2018) p. Milanovic, ‘Human Rights Treaties and Foreign Surveillance: Privacy in the Digital Age’, 56 Harvard International Law Journal (2015) p.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
