• Personalised Communication: A joint Communication and Information Law Initiative

    Understanding the use and effects of personalised media and their implications for law and policy

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  • 18th International Copyright Law Summer Course

    3-7 July 2017


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  • 5th Privacy Law and Policy Summer Course

    3-7 July 2017


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Human rights and encryption

Schulz, W.,

van Hoboken, J.

The study provides an overview of encryption technologies and their impact on human rights. It analyzes in-depth the role of encryption in the media and communications landscape, and the impact on different services, entities and end users. It highlights good practices and examines the legal environment surrounding encryption as well as various case studies of encryption policies. Built on this exploration and analysis, the research provides recommendations on encryption policy that are useful for various stakeholders. These include signaling the need to counter the lack of gender sensitivity in the current debate, and also highlighting ideas for enhancing “encryption literacy”.


Annotatie bij Europees Hof voor de Rechten van de Mens 16 juni 2015 (Delfi AS / Estland)

Dommering, E.

nr. 457

Privacy en vrijheid van meningsuiting. Civielrechtelijke veroordeling exploitant nieuwswebsite vanwege beledigende reacties op webforum nieuwszenderuitlatingen door lezers. Geen schending vrijheid van meningsuiting.


Geheime surveillance en opsporing

Eskens, S.

van Daalen, O.

van Eijk, N.

Instituut voor Informatierecht (IViR, Universiteit van Amsterdam), november 2016, 52 pp.

In een nieuw onderzoek concluderen onderzoekers van het Instituut voor Informatierecht (IViR, Universiteit van Amsterdam) dat bij het inzetten van geheime surveillance voor de opsporing van strafbare feiten onafhankelijk toezicht en transparantie gewaarborgd moeten zijn. Uitspraken van Europese rechters hierover zijn duidelijk: er gelden dezelfde normen voor nationale veiligheid als voor de opsporing van strafbare feiten. Het rapport vertaalt deze normen in tien richtsnoeren waarmee rekening moet worden gehouden bij het ontwerp van nieuwe wetgeving.


Communication to a New Public? Three reasons why EU copyright law can do without a 'new public'

Hugenholtz, P.

van Velze, S.

This article critically examines the 'new public' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a 'new public' test.


Digital libraries, digital law? A tale of copyright challenges and chances

Breemen, V.

This contribution inquires the following assumption: if libraries have a public task to provide low threshold access to (online) information, then shouldn’t copyright law, as a system of exclusive rights and exceptions which shares goals in the organization and dissemination of information, somehow facilitate that task?


Final report of the Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering

Bostyn, S.

European Commission, Directorate General Internal Market, Industry, Entrepreneurship and SMEs (DG GROW).

This is the Final Report of the of the Europen Commission Expert Group on the development and implications of patent law in the field of biotechnology and genetic engineering, which is chaired by Dr. Sven Bostyn. It describes in detail the issues regarding a number of very important topics in the area of biotechnological inventions, i.e., the patentability of plants and processes for making plants, issues relating to human embryonic stem cells and the patentability of human DNA. It finally provides advice for future policy and legislative work.


Trade and privacy: Complicated bed fellows? How to achieve data protection-proof free trade agreements

Irion, K.

Speaking notes for a panel debate hosted by MEP Viviane Reding at the European Parliament on 12 October 2016.


Remuneration of authors of books and scientific journals, translators, journalists and visual artists for the use of their works

Europe Economics

Guibault, L.

Salamanca, O.

Final report. A study prepared for the European Commission, DG Communications Networks, Content & Technology

A new EU study looks at the remuneration paid to authors in the print sector in ten EU countries (United Kingdom, France, Germany, Italy, Spain, Poland, Ireland, the Netherlands, Hungary and Denmark). The study was conducted to support policy-making in the area of copyright. The Commission is looking for evidence on whether, and to what extent, the differences that exist amongst the Member States' legislative frameworks affect levels of remuneration and the functioning of the internal market.


Freedom of expression and defamation: A study of the case law of the European Court of Human Rights

McGonagle, T.

Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.


International copyright reform in support of open legal information (working paper draft, Sep. 2016)

Guibault, L.

van Eechoud, M.

Paper for Open Data Research Symposium Madrid 2016

This paper analyzes the status of legal information under international and national copyright laws. It argues that the current uncertainties with respect to the copyright status of primary legal materials (legislation, court decisions) and secondary legal materials such as parliamentary records and other official texts relevant to the interpretation of law, constitute a barrier to access and use. The time has come for reform of the international copyright system in WIPO. International law should recognize explicitly that primary and secondary legal materials are public domain and thus not subject to copyright or related rights. This will bring outdated copyright norms across the world up to date with current developments: the trend towards universal recognition of the right to access government information as part of human rights, the UN’s sustainable development goals with respect to access to law, and the rapid growth of open government policies worldwide, supported by the Open Government Partnership (OGP).


Shrinking core? Exploring the differential agenda setting power of traditional and personalized news

Helberger, N.

Irion, K.

Möller, J.

Trilling, D.

de Vreese, C.H.

A shared issue agenda provides democracies with a set of topics that structure the public debate. The advent of personalized news media that use smart algorithms to tailor the news offer to the user challenges the established way of setting the agenda of such a common core of issues. This paper tests the effects of personalized news use on perceived importance of these issues in the common core. In particular we study whether personalized news use leads to a concentration at the top of the issue agenda or to a more diverse issue agenda with a long tail of topics. Based on a cross-sectional survey of a representative population sample (N=1556), we find that personalized news use does not lead to a small common core in which few topics are discussed extensively, yet there is a relationship between personalized news use and a preference for less discussed topics. This is a result of a specific user profile of personalized news users: younger, more educated news users are more interested in topics at the fringes of the common core and also make more use of personalized news offers. The results are discussed in the light of media diversity and recent advances in public sphere research.


Identifiability and the applicability of data protection to big data

Oostveen, M.

Big data holds much potential, but it can also have a negative impact on individuals, particularly on their privacy and data protection rights. Data protection law is the point of departure in the discussion about big data; it is widely regarded as the answer to big data’s negative consequences. Yet a closer look at the criteria for applicability of EU data protection law reveals a number of weaknesses in the data protection law approach. Because the material scope of EU data protection law is dependent on the identifiability of individual, data protection only partially applies to the big data process. Therefore, in spite of its importance, data protection law is insufficient to protect individuals from big data’s potential harms.


Facebook is a new breed of editor: a social editor

Natali Helberger

Facebook’s approach to allowing, censoring or prioritising content that appears in the news feed has recently been the focus of much attention, both media and governmental. Professor Natali Helberger of the Institute for Information Law at the University of Amsterdam argues that we need to seek to understand the new kind of editorial role that Facebook is playing, in order to know how to tackle the questions it raises.


10 Standards for Oversight and Transparency of National Intelligence Services

Eskens, S.

van Daalen, O.

van Eijk, N.

This report aims to enhance the policy debate on surveillance by intelligence services by focusing on two key components: oversight and transparency. Both oversight and transparency are essential to devising checks and balances in a way that respects human rights. By offering this concise list of ten standards, we intend to provide practical guidance for those who seek further input for discussions, policymaking and the review of existing legislation. These standards are based on our analysis and interpretation of relevant jurisprudence, literature and selected policy documents.


Something Completely Different: Europe's Sui Generis Database Right

Hugenholtz, P.

In: The Internet and the Emerging Importance of New Forms of Intellectual Property, S. Frankel and D. Gervais (eds.), Information Law Series, Vol. 37, Kluwer Law International 2016.
This chapter traces the sui generis database right’s historic roots, describes its main features, compares it to copyright, questions its legal nature especially in the light of international intellectual property agreements, and finally examines to what extent the goals of the Directive have been met.


Annotatie bij Hof van Justitie 6 oktober 2016 (Schrems / Data Protection Commissioner)

van Eijk, N.


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