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Law and the political economy of AI production
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.
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De sluipende invloed van de EU-datastrategie download
D5.6 – Policy Brief 1: Music Metadata Mainstreaming and EU Law download
Abstract
In order to enable composers, performers and the music industry to benefit from licensing opportunities in the field of new technologies, such as AI training, it is important to establish a comprehensive music metadata infrastructure that improves the visibility and accessibility of the European music repertoire in digital and algorithmic environments. Recognizing the need for metadata improvement, various European initiatives aim to increase awareness among artists and rightholders, and to build bridges between existing metadata collections and infrastructures. One central factor in the equation, however, has remained underexplored and underused to this day: despite the prohibition of formalities in the Berne Convention, it is conceivable to employ legal mechanisms, such as the notification of work-related information under Article 17(4)(b) of Directive 2019/790 on Copyright in the Digital Single Market, the opt-out mechanism relating to text and data mining that follows from Article 4(3) of the same Directive, and the EU rules on collective rights management, as well as the broader legal framework applicable to data spaces as vehicles to impose an obligation on rightholders to constantly provide updated music metadata in standardised form. If information stemming from these channels is pooled, the resulting accumulation of EU copyright data could lead to a promising reservoir of music metadata that is capable of enhancing and boosting licensing opportunities.
Copyright, metadata, music
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§ 16 Digital Trade download
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
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Commentaar download
In Memoriam Antoon Quaedvlieg (1958-2024) download
Constitutionalism as a Way to Decolonize Global Data Law Development external link
Abstract
Data governance is being explored across all possible avenues, ranging from domestic laws, private standards to international treaties. Amidst this din, there are also constitutional contributions at different points of time with the potential to lay down the first principles for future adjudication and law making. This article analyses the legal histories of constitutions and landmark decisions related to public biometric use in India and South Africa to identify decolonial specificities. Global governance of data has the potential to spiral into international law making with states as the unit, without acknowledging the power differentials that exist within a state. It is time that the plurality of interests within nations are accommodated in the development of technology, as the architecture of the future. For the same, the article identifies global constitutionalism as the means through which any discussion of a global data law should be approached, taking into account the decolonial consensus in post-colonial states and its contemporary use in technological debates.
constitutionalism, Data governance
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Opinie: De ene demonstratie is de andere niet, maar laat overheid niet vooraf grenzen stellen download
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.
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Developing a human-rights compatible governance framework for quantum computing
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.