Home Human Rights Economic Social Cultural Rights Human Rights Regulation in the Tech Sector? The European Court of Justice’s Facebook Decision and California’s AB5 Gig Economy Bill

2 Responses

  1. Kishor Dere

    Dear Prof. Desierto, your article draws attention to a seminal issue viz. human rights regulation in the technology sector. You have analyzed the European Court of Justice’s Facebook Decision and California’s AB5 Gig Economy Bill.
    Your analysis is right that these judicial pronouncements indicate regional and local developments that may shape future discourse on digital rights and labor protections under extant international human rights treaties. One is, however, inclined to think that it is little too early to expect any watershed general comment by any of the human rights treaty bodies as they at times deal with unique and location-specific challenge of human rights protection even in the era of digital economies. The said cases may also herald future elaborations in the domains of international human rights law in the digital era. It is an emerging area that needs to be thoroughly.

  2. Danny Rosenblatt

    Thanks for this post. Indeed, it’s interesting to see how judiciaries and legislatures apply existing regimes to issues arising under new frameworks – particularly digital platforms such as Facebook.

    Another interesting issue is how new digital platforms exacerbate cross-border civil rights issues. Particularly, when courts balance between competing norms that have manifestations in multiple jurisdictions at the same time (made possible by these digital platforms), and when each jurisdiction balances between those civil rights in different ways. For example, striking a balance between privacy and free speech in Europe is much simpler than striking a balance between norms competing simultaneously in Europe (privacy) and the US (free speech). Could reaching a definitive conclusion and, as a consequence, sanctioning an “offender” for actions abroad be seen as exporting a society’s values? Is that a legitimate way to enforce a society’s values?