CPDP 2019: Clashing constitutional norms, cross-border data and free expression


What are the differences in free speech rights and privacy rights between the US and EU? What are the origins of these differences? How if at all can these differences be resolved? What can companies and individuals do when faced with competing legal rules?

This panel, organised by the Cordell Institute for Policy in Medicine and Law of the Washington University in St. Louis at the CPDP2019, examines challenges posed by competing speech and privacy norms across borders, the cross-border consequences of local efforts at control, and possible means for resolving disputes. In particular, the panel examines the proliferation and implications of transfer restrictions on data, high-profile court cases addressing the geographic reach of takedown and delisting orders, and the cross-border effects of and responses to fake news, both by governments and technology companies. The panel focuses primarily on the EU and US, although the discussion have broader implications for parallel efforts and disputes playing out in various locations across the globe.

Chair: Neil Richards, Washington University (US)

Moderator: Jennifer Daskal, American University Washington College of Law (US)

Speakers: Kirsty Hughes, Cambridge University (UK); Gavin Philipson, Durham University (UK); Lorelein Hoet, Microsoft (BE); Lanah Kammourieh Donnelly, Google (UK)

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