Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for International Action external link

Flynn, S., Geiger, C., Quintais, J., Margoni, T., Sag, M., Guibault, L. & Carroll, M.
European Intellectual Property Review, vol. 2020, num: 7, 2020

Abstract

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, including by providing guidance on the diverse mechanisms that countries may use to authorize TDM research and serving as a forum for the adoption of rules permitting cross-border TDM projects.

Artificial intelligence, Auteursrecht, frontpage, machine learning, tdm, text and data mining

Bibtex

Article{Flynn2020b, title = {Implementing User Rights for Research in the Field of Artificial Intelligence: A Call for International Action}, author = {Flynn, S. and Geiger, C. and Quintais, J. and Margoni, T. and Sag, M. and Guibault, L. and Carroll, M.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3578819}, year = {0421}, date = {2020-04-21}, journal = {European Intellectual Property Review}, volume = {2020}, number = {7}, pages = {}, abstract = {Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, including by providing guidance on the diverse mechanisms that countries may use to authorize TDM research and serving as a forum for the adoption of rules permitting cross-border TDM projects.}, keywords = {Artificial intelligence, Auteursrecht, frontpage, machine learning, tdm, text and data mining}, }

Strengthening legal protection against discrimination by algorithms and artificial intelligence external link

The International Journal of Human Rights, 2020

Abstract

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.

algoritmes, Artificial intelligence, discriminatie, frontpage, GDPR, Privacy

Bibtex

Article{Borgesius2020, title = {Strengthening legal protection against discrimination by algorithms and artificial intelligence}, author = {Zuiderveen Borgesius, F.}, url = {https://doi-org.proxy.uba.uva.nl:2443/10.1080/13642987.2020.1743976}, year = {0329}, date = {2020-03-29}, journal = {The International Journal of Human Rights}, abstract = {Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.}, keywords = {algoritmes, Artificial intelligence, discriminatie, frontpage, GDPR, Privacy}, }

Implications of AI-driven tools in the media for freedom of expression external link

Abstract

Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."

Artificial intelligence, Freedom of expression, frontpage, Media law

Bibtex

Report{Helberger2020, title = {Implications of AI-driven tools in the media for freedom of expression}, author = {Helberger, N. and Eskens, S. and Drunen, M. van and Bastian, M. and Möller, J.}, url = {https://www.ivir.nl/publicaties/download/AI-and-Freedom-of-Expression.pdf}, year = {0305}, date = {2020-03-05}, abstract = {Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."}, keywords = {Artificial intelligence, Freedom of expression, frontpage, Media law}, }

Joint Comment to WIPO on Copyright and Artificial Intelligence external link

Flynn, S., Carroll, M., Sag, M., Guibault, L., Margoni, T., Butler, B., Rocha de Souza, A., Bogataj Jancic, M., Jaszi, P., Quintais, J., Geiger, C., Ncube, C., White, B., Scaria, A.G., Botero, C. & Craig, C.
2020

Abstract

On December 13, 2019, WIPO invited member states and all other interested parties to provide comments and suggestions to help define the issues related to intellectual property (IP) and artificial intelligence (AI) based on a Draft Issues Paper on IP Policy and AI. These comments will be used to prepare a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI. This Joint Comment is made in response to WIPO’s Public Consultation on AI and IP Policy and is endorsed by 16 members of the Global Expert Network on Copyright User Rights.

Artificial intelligence, Auteursrecht, frontpage, WIPO

Bibtex

Article{Flynn2020, title = {Joint Comment to WIPO on Copyright and Artificial Intelligence}, author = {Flynn, S. and Carroll, M. and Sag, M. and Guibault, L. and Margoni, T. and Butler, B. and Rocha de Souza, A. and Bogataj Jancic, M. and Jaszi, P. and Quintais, J. and Geiger, C. and Ncube, C. and White, B. and Scaria, A.G. and Botero, C. and Craig, C.}, url = {http://infojustice.org/archives/42009}, year = {0225}, date = {2020-02-25}, abstract = {On December 13, 2019, WIPO invited member states and all other interested parties to provide comments and suggestions to help define the issues related to intellectual property (IP) and artificial intelligence (AI) based on a Draft Issues Paper on IP Policy and AI. These comments will be used to prepare a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI. This Joint Comment is made in response to WIPO’s Public Consultation on AI and IP Policy and is endorsed by 16 members of the Global Expert Network on Copyright User Rights.}, keywords = {Artificial intelligence, Auteursrecht, frontpage, WIPO}, }

Prospective Policy Study on Artificial Intelligence and EU Trade Policy external link

Irion, K. & Williams, J.
2020

Abstract

Artificial intelligence is poised to be 21st century’s most transformative general purpose technology that mankind ever availed itself of. Artificial intelligence is a catch-all for technologies that can carry out complex processes fairly independently by learning from data. In the form of popular digital services and products, applied artificial intelligence is seeping into our daily lives, for example, as personal digital assistants or as autopiloting of self-driving cars. This is just the beginning of a development over the course of which artificial intelligence will generate transformative products and services that will alter world trade patterns. Artificial intelligence holds enormous promise for our information civilization if we get the governance of artificial intelligence right. What makes artificial intelligence even more fascinating is that the technology can be deployed fairly location-independent. Cross-border trade in digital services which incorporate applied artificial intelligence into their software architecture is ever increasing. That brings artificial intelligence within the purview of international trade law, such as the General Agreement on Trade in Services (GATS) and ongoing negotiations at the World Trade Organization (WTO) on trade related aspects of electronic commerce. The Dutch Ministry of Foreign Affairs commissioned this study to generate knowledge about the interface between international trade law and European norms and values in the use of artificial intelligence.

Artificial intelligence, EU law, Human rights, Transparency, WTO law

Bibtex

Report{Irion2020b, title = {Prospective Policy Study on Artificial Intelligence and EU Trade Policy}, author = {Irion, K. and Williams, J.}, url = {https://www.ivir.nl/ivir_policy-paper_ai-study_online/https://www.ivir.nl/ivir_artificial-intelligence-and-eu-trade-policy-2/}, year = {2020}, date = {2020-01-21}, abstract = {Artificial intelligence is poised to be 21st century’s most transformative general purpose technology that mankind ever availed itself of. Artificial intelligence is a catch-all for technologies that can carry out complex processes fairly independently by learning from data. In the form of popular digital services and products, applied artificial intelligence is seeping into our daily lives, for example, as personal digital assistants or as autopiloting of self-driving cars. This is just the beginning of a development over the course of which artificial intelligence will generate transformative products and services that will alter world trade patterns. Artificial intelligence holds enormous promise for our information civilization if we get the governance of artificial intelligence right. What makes artificial intelligence even more fascinating is that the technology can be deployed fairly location-independent. Cross-border trade in digital services which incorporate applied artificial intelligence into their software architecture is ever increasing. That brings artificial intelligence within the purview of international trade law, such as the General Agreement on Trade in Services (GATS) and ongoing negotiations at the World Trade Organization (WTO) on trade related aspects of electronic commerce. The Dutch Ministry of Foreign Affairs commissioned this study to generate knowledge about the interface between international trade law and European norms and values in the use of artificial intelligence.}, keywords = {Artificial intelligence, EU law, Human rights, Transparency, WTO law}, }

Can Machines be Authors? external link

Kluwer Copyright Blog, vol. 2019, 2019

Artificial intelligence, Copyright, frontpage

Bibtex

Article{Gervais2019b, title = {Can Machines be Authors?}, author = {Gervais, D.J.}, url = {http://copyrightblog.kluweriplaw.com/2019/05/21/can-machines-be-authors/}, year = {0523}, date = {2019-05-23}, journal = {Kluwer Copyright Blog}, volume = {2019}, pages = {}, keywords = {Artificial intelligence, Copyright, frontpage}, }

The Netherlands in ‘Automating Society – Taking Stock of Automated Decision-Making in the EU’ external link

pp: 93-102, 2019

Abstract

Systems for automated decision-making or decision support (ADM) are on the rise in EU countries: Profiling job applicants based on their personal emails in Finland, allocating treatment for patients in the public health system in Italy, sorting the unemployed in Poland, automatically identifying children vulnerable to neglect in Denmark, detecting welfare fraud in the Netherlands, credit scoring systems in many EU countries – the range of applications has broadened to almost all aspects of daily life. This begs a lot of questions: Do we need new laws? Do we need new oversight institutions? Who do we fund to develop answers to the challenges ahead? Where should we invest? How do we enable citizens – patients, employees, consumers – to deal with this? For the report “Automating Society – Taking Stock of Automated Decision-Making in the EU”, our experts have looked at the situation at the EU level but also in 12 Member States: Belgium, Denmark, Finland, France, Germany, Italy, Netherlands Poland, Slovenia, Spain, Sweden and the UK. We assessed not only the political discussions and initiatives in these countries but also present a section “ADM in Action” for all states, listing examples of automated decision-making already in use. This is the first time a comprehensive study has been done on the state of automated decision-making in Europe.

algorithms, algoritmes, Artificial intelligence, EU, frontpage, kunstmatige intelligentie, NGO

Bibtex

Report{Til2019, title = {The Netherlands in ‘Automating Society – Taking Stock of Automated Decision-Making in the EU’}, author = {Til, G. van}, url = {https://www.ivir.nl/automating_society_report_2019/}, year = {0211}, date = {2019-02-11}, abstract = {Systems for automated decision-making or decision support (ADM) are on the rise in EU countries: Profiling job applicants based on their personal emails in Finland, allocating treatment for patients in the public health system in Italy, sorting the unemployed in Poland, automatically identifying children vulnerable to neglect in Denmark, detecting welfare fraud in the Netherlands, credit scoring systems in many EU countries – the range of applications has broadened to almost all aspects of daily life. This begs a lot of questions: Do we need new laws? Do we need new oversight institutions? Who do we fund to develop answers to the challenges ahead? Where should we invest? How do we enable citizens – patients, employees, consumers – to deal with this? For the report “Automating Society – Taking Stock of Automated Decision-Making in the EU”, our experts have looked at the situation at the EU level but also in 12 Member States: Belgium, Denmark, Finland, France, Germany, Italy, Netherlands Poland, Slovenia, Spain, Sweden and the UK. We assessed not only the political discussions and initiatives in these countries but also present a section “ADM in Action” for all states, listing examples of automated decision-making already in use. This is the first time a comprehensive study has been done on the state of automated decision-making in Europe.}, keywords = {algorithms, algoritmes, Artificial intelligence, EU, frontpage, kunstmatige intelligentie, NGO}, }

Democratizing algorithmic news recommenders: how to materialize voice in a technologically saturated media ecosystem external link

Philosophical Transactions of the Royal Society A, vol. 376, num: 2135, pp: 1-21, 2018

Abstract

The deployment of various forms of AI, most notably of machine learning algorithms, radically transforms many domains of social life. In this paper we focus on the news industry, where different algorithms are used to customize news offerings to increasingly specific audience preferences. While this personalization of news enables media organizations to be more receptive to their audience, it can be questioned whether current deployments of algorithmic news recommenders (ANR) live up to their emancipatory promise. Like in various other domains, people have little knowledge of what personal data is used and how such algorithmic curation comes about, let alone that they have any concrete ways to influence these data-driven processes. Instead of going down the intricate avenue of trying to make ANR more transparent, we explore in this article ways to give people more influence over the information news recommendation algorithms provide by thinking about and enabling possibilities to express voice. After differentiating four ideal typical modalities of expressing voice (alternation, awareness, adjustment and obfuscation) which are illustrated with currently existing empirical examples, we present and argue for algorithmic recommender personae as a way for people to take more control over the algorithms that curate people's news provision.

access to information, algoritmes, Artificial intelligence, frontpage, news, persona, Personalisation, right to receive information, user agency

Bibtex

Article{Harambam2018b, title = {Democratizing algorithmic news recommenders: how to materialize voice in a technologically saturated media ecosystem}, author = {Harambam, J. and Helberger, N. and van Hoboken, J.}, url = {http://rsta.royalsocietypublishing.org/content/roypta/376/2133/20180088.full.pdf }, doi = {https://doi.org/http://dx.doi.org/10.1098/rsta.2018.0088}, year = {1123}, date = {2018-11-23}, journal = {Philosophical Transactions of the Royal Society A}, volume = {376}, number = {2135}, pages = {1-21}, abstract = {The deployment of various forms of AI, most notably of machine learning algorithms, radically transforms many domains of social life. In this paper we focus on the news industry, where different algorithms are used to customize news offerings to increasingly specific audience preferences. While this personalization of news enables media organizations to be more receptive to their audience, it can be questioned whether current deployments of algorithmic news recommenders (ANR) live up to their emancipatory promise. Like in various other domains, people have little knowledge of what personal data is used and how such algorithmic curation comes about, let alone that they have any concrete ways to influence these data-driven processes. Instead of going down the intricate avenue of trying to make ANR more transparent, we explore in this article ways to give people more influence over the information news recommendation algorithms provide by thinking about and enabling possibilities to express voice. After differentiating four ideal typical modalities of expressing voice (alternation, awareness, adjustment and obfuscation) which are illustrated with currently existing empirical examples, we present and argue for algorithmic recommender personae as a way for people to take more control over the algorithms that curate people\'s news provision.}, keywords = {access to information, algoritmes, Artificial intelligence, frontpage, news, persona, Personalisation, right to receive information, user agency}, }

Automated Decision-Making Fairness in an AI-driven World: Public Perceptions, Hopes and Concerns external link

Araujo, T., Vreese, C.H. de, Helberger, N., Kruikemeier, S., Weert, J. van,, Bol, N., Oberski, D., Pechenizkiy, M., Schaap, G. & Taylor, L.
2018

Abstract

Ongoing advances in artificial intelligence (AI) are increasingly part of scientific efforts as well as the public debate and the media agenda, raising hopes and concerns about the impact of automated decision making across different sectors of our society. This topic is receiving increasing attention at both national and cross- national levels. The present report contributes to informing this public debate, providing the results of a survey with 958 participants recruited from high-quality sample of the Dutch population. It provides an overview of public knowledge, perceptions, hopes and concerns about the adoption of AI and ADM across different societal sectors in the Netherlands. This report is part of a research collaboration between the Universities of Amsterdam, Tilburg, Radboud, Utrecht and Eindhoven (TU/e) on automated decision making, and forms input to the groups’ research on fairness in automated decision making.

ai, algoritmes, Artificial intelligence, automated decision making, frontpage

Bibtex

Report{Araujo2018, title = {Automated Decision-Making Fairness in an AI-driven World: Public Perceptions, Hopes and Concerns}, author = {Araujo, T. and Vreese, C.H. de and Helberger, N. and Kruikemeier, S. and Weert, J. van, and Bol, N. and Oberski, D. and Pechenizkiy, M. and Schaap, G. and Taylor, L.}, url = {https://www.ivir.nl/publicaties/download/Automated_Decision_Making_Fairness.pdf}, year = {1005}, date = {2018-10-05}, abstract = {Ongoing advances in artificial intelligence (AI) are increasingly part of scientific efforts as well as the public debate and the media agenda, raising hopes and concerns about the impact of automated decision making across different sectors of our society. This topic is receiving increasing attention at both national and cross- national levels. The present report contributes to informing this public debate, providing the results of a survey with 958 participants recruited from high-quality sample of the Dutch population. It provides an overview of public knowledge, perceptions, hopes and concerns about the adoption of AI and ADM across different societal sectors in the Netherlands. This report is part of a research collaboration between the Universities of Amsterdam, Tilburg, Radboud, Utrecht and Eindhoven (TU/e) on automated decision making, and forms input to the groups’ research on fairness in automated decision making.}, keywords = {ai, algoritmes, Artificial intelligence, automated decision making, frontpage}, }