Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques external link

Dobber, T., Trilling, D., Helberger, N. & Vreese, C.H. de
Internet Policy Review, vol. 2017, num: 4, 2018

Abstract

Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.

campaigns, frontpage, innovation, Political behavourial targeting, political microtargeting

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Political micro-targeting: a Manchurian candidate or just a dark horse? external link

Bodó, B., Helberger, N. & Vreese, C.H. de
Internet Policy Review, vol. 2017, num: 4, 2018

Abstract

Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes. In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.

democratie, frontpage, Online platforms, Personal data, political microtargeting, Regulation

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Annotatie bij Vzr. Rb. Rotterdam 6 september 2017 (Apnormal / Punch Out Battles) external link

AMI, vol. 2017, num: 6, pp: 215-216, 2018

Abstract

Bespreking van de verschillen tussen het auteursrechtelijk regime en dat van de komende Verordening Gegevensbescherming.

annotatie, Auteursrecht, Personal data, portretrecht

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Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Copyright, EU, exploitation, frontpage, limitations

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Copyright, Doctrine and Evidence-Based Reform external link

van Gompel, S.
JIPITEC, vol. 2017, num: 8, pp: 304-310, 2018

Abstract

Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.

Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform

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Annotatie bij EHRM 15 oktober 2016 (Perinçek / Zwitserland) external link

Nederlandse Jurisprudentie, vol. 2017, num: 51, pp: 6854-6557, 2018

Abstract

Uitlatingen van een Turkse politicus over de Armeense genocide (waarvan hij het bestaan ontkende) ten onrechte in Zwitserland veroordeeld.

Annotaties, Art. 10 EVRM, frontpage, Vrijheid van meningsuiting

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Annotatie bij EHRM 8 november 2016 (Bizottság / Hongarije) external link

Nederlandse Jurisprudentie, vol. 2017, num: 49/50, pp: 6574-6576, 2017

Abstract

Het EHRM erkent onder voorwaarden dat er een recht op openbaarheid van bestuur uit artikel 10 is af te leiden.

Art. 10 EVRM, EHRM, frontpage, openbaarheid van bestuur, Privacy, toegang tot informatie

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“Fake news”: False fears or real concerns? external link

Netherlands Quarterly of Human Rights, vol. 35, num: 4, pp: 203-209, 2017

Abstract

‘‘Fake news’’ has become a much-used and much-hyped term in the so-called ‘‘post-truth’’ era that we now live in. It is also much-maligned: it is often blamed for having a disruptive impact on the outcomes of elections and referenda and for skewing democratic public debate, with the 2016 US Presidential elections and Brexit referendum often cited as examples. ‘‘Fake news’’ has also been flagged for fuelling propaganda and ‘‘hate speech’’ and even violence. ‘‘Pizzagate’’ is an infamous example of exceptional circumstances in which a false news story had a central role in a shooting incident. In December 2016, a man in Washington D.C. took it upon himself to ‘‘self-investigate’’ a story (a completely unfounded conspiracy theory) that the Hillary Clinton campaign team was running a paedophile ring from the premises of a pizzeria. Shots were fired and he was arrested and charged with assault and related offences. Given all this bad press, it is perhaps little wonder that ‘‘fake news’’ has become a major preoccupation for international organisations, national law- and policy-makers, the media and media actors, civil society and academia. But what exactly is ‘‘fake news’’ and what is all the fuss about? In addressing these questions, this column will also consider historical and contemporary perspectives on the term and its relationship with human rights.

Fake news, frontpage, Human rights, Journalistiek, Mediarecht, post-truth era

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Annotatie bij EHRM 15 juni 2017 (Independent Newspapers (Ireland) Limited / Ierland) external link

European Human Right Cases, vol. 2017, num: 213, 2017

Art. 10 EVRM, frontpage, Journalistiek, pers, schadevergoedingen, smaad

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