EU copyright law roundup – first trimester of 2024 external link

Trapova, A. & Quintais, J.
Kluwer Copyright Blog, 2024

Copyright

Bibtex

Online publication{nokey, title = {EU copyright law roundup – first trimester of 2024}, author = {Trapova, A. and Quintais, J.}, url = {https://copyrightblog.kluweriplaw.com/2024/04/10/eu-copyright-law-roundup-first-trimester-of-2024/?s=09}, year = {2024}, date = {2024-04-10}, journal = {Kluwer Copyright Blog}, keywords = {Copyright}, }

Law and the political economy of AI production

International Journal of Law and Information Technology, vol. 31, iss. : 4, pp: 302-330, 2024

Abstract

The governance of artificial intelligence (AI) is at a historical juncture. Legislative acts, global treaties, export controls, and technical standards are now dominating the discourse over what used to be a predominantly market-driven space. Amidst all this frenzy, this paper explains why none of these projects will achieve ‘alignment’ of AI with the prospect of a sustainable model of production authentically committed to the rights and freedoms of people and communities. By reflecting on the role of law in consolidating the visions and logics of few multinationals in the global value chains of AI, it warns against the peril of regulating AI without looking at the methods and logistics of its material production. Following a detailed overview of the various (techno-)legal ways through which law enables the flow of materials, capital, and power from Global South to Global North, and from small players to lead firms, the paper concludes with some preliminary thoughts on a transformative agenda for the transnational regulation of infocomputational production.

Bibtex

Article{nokey, title = {Law and the political economy of AI production}, author = {Terzis, P.}, doi = {https://doi.org/10.1093/ijlit/eaae001}, year = {2024}, date = {2024-02-20}, journal = {International Journal of Law and Information Technology}, volume = {31}, issue = {4}, pages = {302-330}, abstract = {The governance of artificial intelligence (AI) is at a historical juncture. Legislative acts, global treaties, export controls, and technical standards are now dominating the discourse over what used to be a predominantly market-driven space. Amidst all this frenzy, this paper explains why none of these projects will achieve ‘alignment’ of AI with the prospect of a sustainable model of production authentically committed to the rights and freedoms of people and communities. By reflecting on the role of law in consolidating the visions and logics of few multinationals in the global value chains of AI, it warns against the peril of regulating AI without looking at the methods and logistics of its material production. Following a detailed overview of the various (techno-)legal ways through which law enables the flow of materials, capital, and power from Global South to Global North, and from small players to lead firms, the paper concludes with some preliminary thoughts on a transformative agenda for the transnational regulation of infocomputational production.}, }

De sluipende invloed van de EU-datastrategie download

Intellectuele Eigendom & Reclamerecht (IER), iss. : 1, pp: 1-3, 2024

Bibtex

Article{nokey, title = {De sluipende invloed van de EU-datastrategie}, author = {van Eechoud, M.}, url = {https://www.ivir.nl/nl/publications/de-sluipende-invloed-van-de-eu-datastrategie/ier_2024_1/}, year = {2024}, date = {2024-02-15}, journal = {Intellectuele Eigendom & Reclamerecht (IER)}, issue = {1}, }

§ 16 Digital Trade download

Irion, K. & Burri, M.
EU-UK Trade and Cooperation Agreement, Nomos - Beck - Hart, 2024, Baden-Baden, ISBN: 9783756011971

Abstract

This contribution on the TCA digital trade chapter unpacks the regulatory context, provides a commentary of the substantive provisions, and offers a comparative analysis of the TCA digital trade chapter with other trade deals of the EU and of other key players. One of the key issues of the EU-UK negotiations had been calibrating the interplay between the commitments on cross-border data flows and the protection of personal data and privacy, which merits a special focus in this contribution. It is here that the TCA digital trade chapter signifies an interesting new modification of the EU external trade strategy at the interface between trade and privacy, with potentially important consequences for both the EU and the UK. The contribution concludes with an appraisal and an outlook.

Cross-border data flow, Digital trade, EU-UK TCA, Personal data protection

Bibtex

Chapter{nokey, title = {§ 16 Digital Trade}, author = {Irion, K. and Burri, M.}, url = {https://www.ivir.nl/nl/publications/%c2%a7-16-digital-trade/irion_burri-digital-trade-eu-uk-tca-pdf/}, year = {2024}, date = {2024-03-26}, abstract = {This contribution on the TCA digital trade chapter unpacks the regulatory context, provides a commentary of the substantive provisions, and offers a comparative analysis of the TCA digital trade chapter with other trade deals of the EU and of other key players. One of the key issues of the EU-UK negotiations had been calibrating the interplay between the commitments on cross-border data flows and the protection of personal data and privacy, which merits a special focus in this contribution. It is here that the TCA digital trade chapter signifies an interesting new modification of the EU external trade strategy at the interface between trade and privacy, with potentially important consequences for both the EU and the UK. The contribution concludes with an appraisal and an outlook.}, keywords = {Cross-border data flow, Digital trade, EU-UK TCA, Personal data protection}, }

Commentaar download

Academische vrijheden in Nederland: Wat staat er op het spel?, Amsterdam University Press, 2023, pp: 109-113, ISBN: 9789463726290

Bibtex

Chapter{nokey, title = {Commentaar}, author = {Sax, M.}, url = {https://www.ivir.nl/nl/publications/commentaar/commentaar-academische-vrijheden-in-nederland/}, year = {2023}, date = {2023-09-06}, }

Opinie: De ene demonstratie is de andere niet, maar laat overheid niet vooraf grenzen stellen download

NRC Handelsblad, 2024

Abstract

De demonstraties tegen de Gaza-oorlog en acties van klimaatactivisten in musea zoeken de grenzen van de wet op, ziet Egbert Dommering. Hoe daarmee strafrechtelijk en bestuurlijk om te gaan is niet eenduidig.

Bibtex

Newspaper article{nokey, title = {Opinie: De ene demonstratie is de andere niet, maar laat overheid niet vooraf grenzen stellen}, author = {Dommering, E.}, url = {https://www.ivir.nl/nl/publications/opinie-de-ene-demonstratie-is-de-andere-niet-maar-laat-overheid-niet-vooraf-grenzen-stellen/opinie_nrc_krant_20240318/}, year = {2024}, date = {2024-03-14}, journal = {NRC Handelsblad}, abstract = {De demonstraties tegen de Gaza-oorlog en acties van klimaatactivisten in musea zoeken de grenzen van de wet op, ziet Egbert Dommering. Hoe daarmee strafrechtelijk en bestuurlijk om te gaan is niet eenduidig.}, }

Developing a human-rights compatible governance framework for quantum computing

Research Directions: Quantum Technologies, vol. 2, 2024

Abstract

Quantum computers hold significant promise for peaceful applications, but one of the more immediate potential applications is breaking of public key encryption technologies. This poses significant risks to the information security of global digital infrastructure in a broader sense. At the same time, the development of quantum computing is a quintessentially scientific undertaking. There is a tension in the scientific freedom required to develop these technologies, and the measures to mitigate the risks associated with quantum computers. Policy for resolving this tension must be in line with the human right to science, read together with the right to privacy and the right to freedom of expression. In this article, I apply these rights to the development of quantum computing to provide guidance for government policy on quantum computing. I conclude that states must create the conditions for scientific research to flourish, even if this research may carry significant societal risks. This applies also to research and development of quantum technologies. In the context of quantum computing, this primarily means investing in the development and uptake of alternative encryption technologies which are resistant to attacks by quantum computers. It also means regulating the use of these technologies for applications which are undesirable.

Bibtex

Article{nokey, title = {Developing a human-rights compatible governance framework for quantum computing}, author = {van Daalen, O.}, doi = {https://doi.org/10.1017/qut.2024.2}, year = {2024}, date = {2024-03-08}, journal = {Research Directions: Quantum Technologies}, volume = {2}, pages = {}, abstract = {Quantum computers hold significant promise for peaceful applications, but one of the more immediate potential applications is breaking of public key encryption technologies. This poses significant risks to the information security of global digital infrastructure in a broader sense. At the same time, the development of quantum computing is a quintessentially scientific undertaking. There is a tension in the scientific freedom required to develop these technologies, and the measures to mitigate the risks associated with quantum computers. Policy for resolving this tension must be in line with the human right to science, read together with the right to privacy and the right to freedom of expression. In this article, I apply these rights to the development of quantum computing to provide guidance for government policy on quantum computing. I conclude that states must create the conditions for scientific research to flourish, even if this research may carry significant societal risks. This applies also to research and development of quantum technologies. In the context of quantum computing, this primarily means investing in the development and uptake of alternative encryption technologies which are resistant to attacks by quantum computers. It also means regulating the use of these technologies for applications which are undesirable.}, }

The Right to Root: Constructing a Claim to Control Devices from the Right to Privacy download

JIPITEC, vol. 14, iss. : 4, pp: 580-593, 2023

Abstract

Empowering people with digital tools has been an enduring ideal throughout the history of computing. In some of the earlier visions, this was not only a matter of making life easier, it was also a matter of people gaining control over their digital tools. One solution to this problem which has been suggested is to provide users with a manual override to gain full control over a device, something called gaining 'root' - hence the 'Right to Root'. Yet, there are no policymakers who have seriously treated this as a possibility. For people pushing this right at a policy level, it would therefore be helpful to know whether this Right to Root can be constructed from human rights. In this article, I explore the European human rights-based arguments for a Right to Root, focusing on the right to privacy under the European Convention for Human Rights and the Charter of Fundamental Rights. I first discuss the origins of this ideal of gaining control over your own devices. I then show how users over the years have gained less control and how the RIght to Root could enable them to regain control. I then explore how the Right to Root could be constructed from the right to privacy under the Convention and the Charter, by understanding it as a way to protect the values of autonomy, self-determination and seclusion. I conclude that a Right to Root can be grounded in the human right to privacy, but that further research is necessary to balance it with other interests, such as cybersecurity, traffic safety, health and intellectual property.

Privacy

Bibtex

Article{nokey, title = {The Right to Root: Constructing a Claim to Control Devices from the Right to Privacy}, author = {van Daalen, O.}, url = {https://www.ivir.nl/nl/publications/the-right-to-root-constructing-a-claim-to-control-devices-from-the-right-to-privacy/jipitec_2023_4/}, year = {2023}, date = {2023-12-12}, journal = {JIPITEC}, volume = {14}, issue = {4}, pages = {580-593}, abstract = {Empowering people with digital tools has been an enduring ideal throughout the history of computing. In some of the earlier visions, this was not only a matter of making life easier, it was also a matter of people gaining control over their digital tools. One solution to this problem which has been suggested is to provide users with a manual override to gain full control over a device, something called gaining \'root\' - hence the \'Right to Root\'. Yet, there are no policymakers who have seriously treated this as a possibility. For people pushing this right at a policy level, it would therefore be helpful to know whether this Right to Root can be constructed from human rights. In this article, I explore the European human rights-based arguments for a Right to Root, focusing on the right to privacy under the European Convention for Human Rights and the Charter of Fundamental Rights. I first discuss the origins of this ideal of gaining control over your own devices. I then show how users over the years have gained less control and how the RIght to Root could enable them to regain control. I then explore how the Right to Root could be constructed from the right to privacy under the Convention and the Charter, by understanding it as a way to protect the values of autonomy, self-determination and seclusion. I conclude that a Right to Root can be grounded in the human right to privacy, but that further research is necessary to balance it with other interests, such as cybersecurity, traffic safety, health and intellectual property.}, keywords = {Privacy}, }

UGC Creation and Dissemination – The Role of Platforms, Copyright Holders and the Court of Justice in Safeguarding Freedom of Expression and Information

Kreation Innovation Märkte - Creation Innovation Markets: Festschrift Reto M. Hilty, Springer, 2024, Berlin, ISBN: 978-3-662-68598-3

Abstract

With the erosion of the traditional safe harbour for hosting and the introduction of licensing and filtering obligations in Art. 17 of the CDSM Directive, EU copyright law has substantially enhanced the risk of inroads into freedom of expression and information: users seeking to participate in the online debate may be confronted with filtering systems that block permissible parodies and pastiches even though no copyright infringement can be found. Instead of putting responsibility for detecting and remedying human rights deficits in the hands of the state, the EU legislature prefers to outsource this responsibility to private entities, in particular platforms for user-generated content. Moreover, the CDSM Directive conceals potential human rights violations by leaving countermeasures to users. A closer look at the human rights obligations imposed on platforms, and the reliance on user activism, reveals a worrying tendency to outsource the task of human rights protection and add a gloss of proportionality and diligence safeguards – without ensuring effective control by public authorities that are bound to foster and support freedom of expression and information. The risk of human rights encroachments is exacerbated by the fact that, instead of exposing and discussing the corrosive effect of human rights outsourcing, the CJEU has rubberstamped the regulatory approach in Art. 17 CDSMD. In its Poland decision, the Court has even qualified problematic features of the outsourcing and concealment strategy as valid safeguards against the erosion of freedom of expression and information. Using inspiring joint work with Reto Hilty as a basis, the analysis sheds light on these problematic developments in the area of platform liability and user-generated content.

Copyright

Bibtex

Chapter{nokey, title = {UGC Creation and Dissemination – The Role of Platforms, Copyright Holders and the Court of Justice in Safeguarding Freedom of Expression and Information}, author = {Senftleben, M.}, doi = {https://doi.org/10.1007/978-3-662-68599-0_24}, year = {2024}, date = {2024-03-06}, abstract = {With the erosion of the traditional safe harbour for hosting and the introduction of licensing and filtering obligations in Art. 17 of the CDSM Directive, EU copyright law has substantially enhanced the risk of inroads into freedom of expression and information: users seeking to participate in the online debate may be confronted with filtering systems that block permissible parodies and pastiches even though no copyright infringement can be found. Instead of putting responsibility for detecting and remedying human rights deficits in the hands of the state, the EU legislature prefers to outsource this responsibility to private entities, in particular platforms for user-generated content. Moreover, the CDSM Directive conceals potential human rights violations by leaving countermeasures to users. A closer look at the human rights obligations imposed on platforms, and the reliance on user activism, reveals a worrying tendency to outsource the task of human rights protection and add a gloss of proportionality and diligence safeguards – without ensuring effective control by public authorities that are bound to foster and support freedom of expression and information. The risk of human rights encroachments is exacerbated by the fact that, instead of exposing and discussing the corrosive effect of human rights outsourcing, the CJEU has rubberstamped the regulatory approach in Art. 17 CDSMD. In its Poland decision, the Court has even qualified problematic features of the outsourcing and concealment strategy as valid safeguards against the erosion of freedom of expression and information. Using inspiring joint work with Reto Hilty as a basis, the analysis sheds light on these problematic developments in the area of platform liability and user-generated content.}, keywords = {Copyright}, }