PROBRAL-Project

Over the next years a larger CAPES- and DAAD-funded project on the topic “Internet Regulation and Internet Rights” will be realized.  Besides Prof. Dr. Marion Albers participants are, inter alia, Prof. Dr. Ingo Sarlet, Prof. Dr. Markus Kotzur, Prof. Dr. Lothar Michael, Prof. Dr. Draiton Gonzaga des Souza and Prof. Dr. Giovani Agostini Saavedra.

Internet regulation and internet rights are topics being internationally discussed and of relevance for the global society. A current incident resulting in discussions on how internet communications can be regulated and protected effectively and how fundamental rights can be safeguarded are the surveillance measures of the US intelligence service NSA. In both Brazil and Germany particularly heated debates were provoked, not least due to the fact that both President Dilma Rousseff and Chancellor Angela Merkel were victims of surveillance.

Concerning rule-making, Brazil took a pioneering role with the codification of the Marco Civil da Internet in May 2014. This worldwide first approach to codify specifically principles, guarantees, rights and duties with view to the internet has produced a huge media response. In contrast, European or German approaches emphasize the possibilities to develop novel interpretations of existing norms. A current example is the Google Spain-Decision of the European Court of Justice. This decision developed duties of  search engine operators to delete results pointing to contents that violate personality rights.

In light of the outstanding role of Brazil, Europe and Germany to further develop internet regulation and internet rights the project  aims at analyzing recent developments in a comparative way. The project focuses on substantial aspects (1), on institutional questions (2) and on levels of regulation and their interplay in a global society (3). From a methodological view, the Marco Civil da Internet as a new codification will be the starting point of analyses, followed by comparative considerations on European and German regulations. Leading cases of the highest courts and,  where appropriate, other courts will also be examined.

The project will include a series of international conferences and workshops in Germany and Brazil as well as individual and joint publications of different formats.