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Record W3121836781 · doi:10.1093/icon/mow012

Bridging the transatlantic divide? The United States, the European Union, and the protection of privacy across borders

2016· article· en· W3121836781 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueInternational Journal of Constitutional Law · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean Criminal Justice and Data Protection
Canadian institutionsCentre for International Governance Innovation
Fundersnot available
KeywordsUnited States National Security AgencyEuropean unionPolitical scienceNational securityAgency (philosophy)The Right to PrivacyState (computer science)Public administrationLawBusinessInternational tradeSociologyHuman rights

Abstract

fetched live from OpenAlex

Revelations of mass surveillance by the US National Security Agency have produced widespread protest, notably in the EU, and have supposedly deepened the transatlantic divide between the US and the EU on matters of privacy and national security. The aim of this article is to qualify this understanding. While there are substantial differences between the US and the EU with respect to data protection from private actors, the differences are far less stark when it comes to restrictions on state surveillance for national security purposes. In particular, in both regimes privacy protections apply mainly territorially, to the benefit of citizen residents, while few if any legal limits constrain the capacity of intelligence agencies to conduct surveillance of non-citizens outside their borders. As a result, EU citizens are vulnerable to US surveillance, and US citizens are vulnerable to surveillance by European states. In the absence of transformation of domestic law, we maintain that a transatlantic agreement is necessary if privacy is to be safeguarded effectively. We identify several strong legal and policy arguments why the EU and the US should adopt a transnational compact restricting the powers of their own intelligence agencies to spy on each other’s citizens. While there are undoubtedly concerns about what the content of such an agreement might look like, any degree of transnational protection would be an improvement over the current state of affairs. The capacity of nations to engage in dragnet surveillance has gone global, and unless law catches up, privacy rights will be left behind.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.972
Threshold uncertainty score0.997

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0060.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.006
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.030
GPT teacher head0.317
Teacher spread0.286 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it