Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows

Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows external link

Big Data and Global Trade Law, Cambridge University Press, 2021

Abstract

Human rights do remain valid currency in how we approach planetary-scale computation and accompanying data flows. Today’s system of human rights protection, however, is highly dependent on domestic legal institutions, which unravel faster than the reconstruction of fitting transnational governance institutions. The chapter takes a critical look at the construction of the data flow metaphor as a policy concept inside international trade law. Subsequently, it explores how the respect for human rights ties in with national constitutionalism that becomes increasingly challenged by the transnational dynamic of digital era transactions. Lastly, the chapter turns to international trade law and why its ambitions to govern cross-border data flows will likely not advance efforts to generate respect for human rights. In conclusion, the chapter advocates for a rebalancing act that recognizes human rights inside international trade law.

Links

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

RIS

TY  - CHAP
AU  - Irion, K.
PY  - 2021
DA  - 2021-07-05
T1  - Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows
UR  - https://www.cambridge.org/core/books/big-data-and-global-trade-law/panta-rhei/B0E5D7851240E0D2F4562B3C6DFF3011
DO  - https://doi.org/https://doi.org/10.1017/9781108919234.015
AB  - Human rights do remain valid currency in how we approach planetary-scale computation and accompanying data flows. Today’s system of human rights protection, however, is highly dependent on domestic legal institutions, which unravel faster than the reconstruction of fitting transnational governance institutions. The chapter takes a critical look at the construction of the data flow metaphor as a policy concept inside international trade law. Subsequently, it explores how the respect for human rights ties in with national constitutionalism that becomes increasingly challenged by the transnational dynamic of digital era transactions. Lastly, the chapter turns to international trade law and why its ambitions to govern cross-border data flows will likely not advance efforts to generate respect for human rights. In conclusion, the chapter advocates for a rebalancing act that recognizes human rights inside international trade law.
K1  - Artificial intelligence
K1  - EU law
K1  - frontpage
K1  - Human rights
K1  - Transparency
K1  - WTO law
ER  -

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Bibtex

Chapter{Irion2021bb,
	title = {Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows},
	author = {Irion, K.},
	doi = {https://doi.org/https://doi.org/10.1017/9781108919234.015},
	year = {2021},
	date = {2021-07-05},
	abstract = {Human rights do remain valid currency in how we approach planetary-scale computation and accompanying data flows. Today’s system of human rights protection, however, is highly dependent on domestic legal institutions, which unravel faster than the reconstruction of fitting transnational governance institutions. The chapter takes a critical look at the construction of the data flow metaphor as a policy concept inside international trade law. Subsequently, it explores how the respect for human rights ties in with national constitutionalism that becomes increasingly challenged by the transnational dynamic of digital era transactions. Lastly, the chapter turns to international trade law and why its ambitions to govern cross-border data flows will likely not advance efforts to generate respect for human rights. In conclusion, the chapter advocates for a rebalancing act that recognizes human rights inside international trade law.},
	keywords = {Artificial intelligence, EU law, frontpage, Human rights, Transparency, WTO law},
}

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Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies external link

Senftleben, M., Margoni, T., Antal, D., Bodó, B., van Gompel, S., Handke, C.W., Kretschmer, M., Poort, J., Quintais, J. & Schwemer, S.

JIPITEC, vol. 13, iss. : 1, pp: 67-86, 2022

Abstract

In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.

Links

https://www.jipitec.eu/issues/jipitec-13-1-2022/5515 https://www.ivir.nl/jipitec_2022/

Artificial intelligence, Collective licensing, Content moderation, Copyright, creative industry, cultural diversity, Digital Services Act (DSA), interoperability, market concentration, market failure, metadata, Music Modernization Act, recommender systems, SME, Transparency, trustworthy AI

RIS

TY  - JOUR
AU  - Senftleben, M.
AU  - Margoni, T.
AU  - Antal, D.
AU  - Bodó, B.
AU  - van Gompel, S.
AU  - Handke, C.W.
AU  - Kretschmer, M.
AU  - Poort, J.
AU  - Quintais, J.
AU  - Schwemer, S.
PY  - 0412
DA  - 2022-04-12
T1  - Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies
JO  - JIPITEC
VL  - 13
IS  - 1
SP  - 67-86
UR  - https://www.jipitec.eu/issues/jipitec-13-1-2022/5515
https://www.ivir.nl/jipitec_2022/
AB  - In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.
K1  - Artificial intelligence
K1  - Collective licensing
K1  - Content moderation
K1  - Copyright
K1  - creative industry
K1  - cultural diversity
K1  - Digital Services Act (DSA)
K1  - interoperability
K1  - market concentration
K1  - market failure
K1  - metadata
K1  - Music Modernization Act
K1  - recommender systems
K1  - SME
K1  - Transparency
K1  - trustworthy AI
ER  -

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Bibtex

Article{Senftleben2021,
	title = {Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies},
	author = {Senftleben, M. and Margoni, T. and Antal, D. and Bodó, B. and van Gompel, S. and Handke, C.W. and Kretschmer, M. and Poort, J. and Quintais, J. and Schwemer, S.},
	year = {0412},
	date = {2022-04-12},
	journal = {JIPITEC},
	volume = {13},
	issue = {1},
	pages = {67-86},
	abstract = {In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.},
	keywords = {Artificial intelligence, Collective licensing, Content moderation, Copyright, creative industry, cultural diversity, Digital Services Act (DSA), interoperability, market concentration, market failure, metadata, Music Modernization Act, recommender systems, SME, Transparency, trustworthy AI},
}

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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.

Links

https://www.ivir.nl/ivir_policy-paper_ai-study_online/https://www.ivir.nl/ivir_artificial-intelligence-and-eu-trade-policy-2/

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

RIS

TY  - RPRT
AU  - Irion, K.
AU  - Williams, J.
PY  - 2020
DA  - 2020-01-21
T1  - Prospective Policy Study on Artificial Intelligence and EU Trade Policy
UR  - https://www.ivir.nl/ivir_policy-paper_ai-study_online/https://www.ivir.nl/ivir_artificial-intelligence-and-eu-trade-policy-2/
AB  - 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.
K1  - Artificial intelligence
K1  - EU law
K1  - Human rights
K1  - Transparency
K1  - WTO law
ER  -

Save .RIS

Bibtex

Report{Irion2020b,
	title = {Prospective Policy Study on Artificial Intelligence and EU Trade Policy},
	author = {Irion, K. and Williams, J.},
	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},
}

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Platform ad archives: promises and pitfalls external link

Leerssen, P., Ausloos, J., Zarouali, B., Helberger, N. & Vreese, C.H. de

Internet Policy Review, vol. 8, num: 4, 2019

Abstract

This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.

Links

Advertising, frontpage, Micro-targeting, Platforms, Politics, Technologie en recht, Transparency

RIS

TY  - JOUR
AU  - Leerssen, P.
AU  - Ausloos, J.
AU  - Zarouali, B.
AU  - Helberger, N.
AU  - Vreese, C.H. de
PY  - 1010
DA  - 2019-10-10
T1  - Platform ad archives: promises and pitfalls
JO  - Internet Policy Review
VL  - 8
NV  - 4
UR  - https://policyreview.info/articles/analysis/platform-ad-archives-promises-and-pitfalls
DO  - https://doi.org/10.14763/2019.4.1421
AB  - This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.
K1  - Advertising
K1  - frontpage
K1  - Micro-targeting
K1  - Platforms
K1  - Politics
K1  - Technologie en recht
K1  - Transparency
ER  -

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Bibtex

Article{Leerssen2019b,
	title = {Platform ad archives: promises and pitfalls},
	author = {Leerssen, P. and Ausloos, J. and Zarouali, B. and Helberger, N. and Vreese, C.H. de},
	doi = {https://doi.org/10.14763/2019.4.1421},
	year = {1010},
	date = {2019-10-10},
	journal = {Internet Policy Review},
	volume = {8},
	number = {4},
	abstract = {This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.},
	keywords = {Advertising, frontpage, Micro-targeting, Platforms, Politics, Technologie en recht, Transparency},
}

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Designing for the Better by Taking Users into Account: A Qualitative Evaluation of User Control Mechanisms in (News) Recommender Systems external link

Harambam, J., Bountouridis, D., Makhortykh, M. & van Hoboken, J.

RecSys'19: Proceedings of the 13th ACM Conference on Recommender Systems, pp: 69-77, 2019

Abstract

Recommender systems (RS) are on the rise in many domains. While they offer great promises, they also raise concerns: lack of transparency, reduction of diversity, little to no user control. In this paper, we align with the normative turn in computer science which scrutinizes the ethical and societal implications of RS. We focus and elaborate on the concept of user control because that mitigates multiple problems at once. Taking the news industry as our domain, we conducted four focus groups, or moderated think-aloud sessions, with Dutch news readers (N=21) to systematically study how people evaluate different control mechanisms (at the input, process, and output phase) in a News Recommender Prototype (NRP). While these mechanisms are sometimes met with distrust about the actual control they offer, we found that an intelligible user profile (including reading history and flexible preferences settings), coupled with possibilities to influence the recommendation algorithms is highly valued, especially when these control mechanisms can be operated in relation to achieving personal goals. By bringing (future) users' perspectives to the fore, this paper contributes to a richer understanding of why and how to design for user control in recommender systems.

Links

https://www.ivir.nl/publicaties/download/paper_recsys_19.pdf https://dl.acm.org/citation.cfm?id=3347014

diversity, filter bubble, frontpage, Mediarecht, recommender systems, Technologie en recht, Transparency

RIS

TY  - JOUR
AU  - Harambam, J.
AU  - Bountouridis, D.
AU  - Makhortykh, M.
AU  - van Hoboken, J.
PY  - 0919
DA  - 2019-09-19
T1  - Designing for the Better by Taking Users into Account: A Qualitative Evaluation of User Control Mechanisms in (News) Recommender Systems
JO  - RecSys'19: Proceedings of the 13th ACM Conference on Recommender Systems
SP  - 69-77
UR  - https://www.ivir.nl/publicaties/download/paper_recsys_19.pdf
https://dl.acm.org/citation.cfm?id=3347014
AB  - Recommender systems (RS) are on the rise in many domains. While they offer great promises, they also raise concerns: lack of transparency, reduction of diversity, little to no user control. In this paper, we align with the normative turn in computer science which scrutinizes the ethical and societal implications of RS. We focus and elaborate on the concept of user control because that mitigates multiple problems at once. Taking the news industry as our domain, we conducted four focus groups, or moderated think-aloud sessions, with Dutch news readers (N=21) to systematically study how people evaluate different control mechanisms (at the input, process, and output phase) in a News Recommender Prototype (NRP). While these mechanisms are sometimes met with distrust about the actual control they offer, we found that an intelligible user profile (including reading history and flexible preferences settings), coupled with possibilities to influence the recommendation algorithms is highly valued, especially when these control mechanisms can be operated in relation to achieving personal goals. By bringing (future) users\' perspectives to the fore, this paper contributes to a richer understanding of why and how to design for user control in recommender systems.
K1  - diversity
K1  - filter bubble
K1  - frontpage
K1  - Mediarecht
K1  - recommender systems
K1  - Technologie en recht
K1  - Transparency
ER  -

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Bibtex

Article{Harambam2019b,
	title = {Designing for the Better by Taking Users into Account: A Qualitative Evaluation of User Control Mechanisms in (News) Recommender Systems},
	author = {Harambam, J. and Bountouridis, D. and Makhortykh, M. and van Hoboken, J.},
	year = {0919},
	date = {2019-09-19},
	journal = {RecSys'19: Proceedings of the 13th ACM Conference on Recommender Systems},
	pages = {69-77},
	abstract = {Recommender systems (RS) are on the rise in many domains. While they offer great promises, they also raise concerns: lack of transparency, reduction of diversity, little to no user control. In this paper, we align with the normative turn in computer science which scrutinizes the ethical and societal implications of RS. We focus and elaborate on the concept of user control because that mitigates multiple problems at once. Taking the news industry as our domain, we conducted four focus groups, or moderated think-aloud sessions, with Dutch news readers (N=21) to systematically study how people evaluate different control mechanisms (at the input, process, and output phase) in a News Recommender Prototype (NRP). While these mechanisms are sometimes met with distrust about the actual control they offer, we found that an intelligible user profile (including reading history and flexible preferences settings), coupled with possibilities to influence the recommendation algorithms is highly valued, especially when these control mechanisms can be operated in relation to achieving personal goals. By bringing (future) users\' perspectives to the fore, this paper contributes to a richer understanding of why and how to design for user control in recommender systems.},
	keywords = {diversity, filter bubble, frontpage, Mediarecht, recommender systems, Technologie en recht, Transparency},
}

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Media and Accountability in Latin America. Framework – Conditions – Instruments external link

Bastian, M.

2018

Links

Argentina, audience participation, Brazil, Latin America, media accountability, media ethics, self-regulation, Transparency, Uruguay

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Kaum Transparenz im WWW. Wie europäische Medien ihr Publikum online an redaktionellen Prozessen teilhaben lassen – Ergebnisse einer international vergleichenden Studie external link

Bettels, T., Fengler, S., Stärker, A. & Trilling, M.

Journalistik Journal, vol. 14, num: 2, pp: 34-36, 2011

Links

audience participation, media transparency, Transparency

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Transparenz und Medien: Perspektiven der Kommunikationswissenschaft – Schnittstellen für die Politologie external link

Bastian, M. & Fengler, S.

Zeitschrift für Politikwissenschaft, vol. 26, num: 2, pp: 211-220, 2016

Links

communication science, media ethics, political science, Transparency

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Transparency and the Collective Management Organisations external link

Schroff, S.

2014

Abstract

Dr Simone Schroff, CREATe/University of East Anglia explores how Collective Management Organisations are responding to pressures to offer more clarity about how they operate.

Links

http://www.create.ac.uk/blog/2014/10/01/transparency-and-the-collective-management-organisations/

Auteursrecht, collective management, Intellectuele eigendom, Transparency

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