ICTlogy

Conclusions for day 2
Javier de la Cueva, Lawyer.

All the debate around Net Neutrality and the right to be forgotten is about a new container — the Internet and all new technologies at large — and a new container — digital content and services.

And what this container is asking us is to feed is for ourselves, for free and providing personal data in exchange.

And not only are these data consciously provided, by uploading content, of befriending people on 3rd parties’ platforms, but also in a hidden form, by means of cookies, scripts or other devices.

There still is an unanswered question and it is whether technology as an ideology. And the Law should deal with this issue explicitly and bravely. This includes code, that in some aspects is becoming a derivative or procedural law.

And not only whether technology conforms an ideology, but also whether it conforms a new 4th generation of human rights.

An interesting question to explore in the future is whether we can proceed with the concept of habeas data.

We are now fighting the inefficacy of Law, that always arrives late at regulating and, when it does, there are hackers and crackers (conceptually very different) that make many laws irrelevant in practice. Thus, we need global solutions, founded on the Philosophy of Law and Law Theory, so to provide solid and long-lasting frameworks.

More information

• Relato del VII Congreso Internacional sobre Internet, Derecho y Política: Neutralidad de la red y derecho al olvido, by Javier de la Cueva

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