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When the digital challenges the rule of law

When the digital challenges the rule of law, by Olivier Iteanu, Eyrolles publishing

Have you ever read the famous GTU (General Terms of Use) before creating an account on Facebook, Google or Twitter? These state that in case of a litigation, the Californian judge shall have jurisdiction. The French Court of Appeal of Pau ruled in 2012 that this type of clause is regarded as unfair, since it is contrary to the French consumer law. Yet, four years after, these platforms continue to keep this unfair clause in their GTU in defiance of law and with complete impunity. Indeed, who can afford to cope with the financial power of these American digital giants? European States, themselves abdicate or, at best, try to negotiate instead of having the law enforced.

Privacy, freedom of speech, rights of the author, role of the Stats in the regulation mechanisms… Allies of convenience of the American west cost libertarians, those digital major players impose their rules and their values. Is the digital about to render French and European laws inoperative, after having revolutionized our existing lifestyles and economic models? In this essay accessible to all, Olivier Iteanu issues an alarm call: if the European people cannot choose its law anymore, what remains of its own sovereignty?

Published by the 09/27/2016 in Publications

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