@article{nokey,

title = {The platformisation of digital payments: The fabrication of consumer interest in the EU FinTech agenda},

author = {Ferrari, V.},

url = {https://www.ivir.nl/computerlawsecurityreview_2022/},

doi = {https://doi.org/10.1016/j.clsr.2022.105687},

year  = {2022},

date = {2022-05-19},

journal = { Computer Law \& Security Review},

volume = {45},

abstract = {This paper investigates, through a qualitative analysis of official documents, how certain imaginaries about technology filter into EU policymaking, allowing or accelerating the transformation of payment infrastructures into the platform economy.



One of the ways in which socio-technical imaginaries filter into policymaking is, it turns out, by informing an image of the consumer which serves to justify measures for the realization of a desired future. In particular, the documents offer a view of the consumer as an actor that is empowered by digitisation. The thesis of this paper is that this view of the consumer is partial: the rhetoric of consumer technological empowerment outweighs and conceals much needed considerations about the vulnerability of consumers vis-a-vis data-intensive payment technologies. Ultimately, the fault lies with the future imaginaries upon which such image is grounded. The vision of the digital payment infrastructure portrayed in the documents is in fact problematic for two reasons. First, the technologies that are portraited as desirable are chosen based on industry interests and trends rather than considerations of benefits and risks that these technologies entail. Secondly, the assumption that a liberalized market will offer more and better choices is flawed, as platformisation entails risks of monopolization and abuses of market power. We suggest that policymakers in this domain should be more critical of the risks entailed by platformisation, and open their imagination to alternative technological futures.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Maintaining trust in a technologized public sector},

author = {Bod\'{o}, B. and Janssen, H.},

doi = {https://doi.org/10.1093/polsoc/puac019},

year  = {2022},

date = {2022-05-19},

journal = {Policy and Society},

abstract = {Emerging technologies permeate and potentially disrupt a wide spectrum of our social, economic, and political relations. Various state institutions, including education, law enforcement, and healthcare, increasingly rely on technical components, such as automated decision-making systems, e-government systems, and other digital tools to provide cheap, efficient public services, and supposedly fair, transparent, disinterested, and accountable public administration. The increased interest in various blockchain-based solutions from central bank digital currencies, via tokenized educational credentials, and distributed ledger-based land registries to self-sovereign identities is the latest, still mostly unwritten chapter in a long history of standardized, objectified, automated, technocratic, and technologized public administration. The rapid, (often) unplanned, and uncontrolled technologization of public services (as happened in the hasty adoption of distance-learning and teleconferencing systems during Corona Virus Disease (COVID) lockdowns) raises complex questions about the use of novel technological components, which may or may not be ultimately adequate for the task for which they are used. The question whether we can trust the technical infrastructures the public sector uses when providing public services is a central concern in an age where trust in government is declining: If the government’s artificial intelligence system that detects welfare fraud fails, the public’s confidence in the government is ultimately hit. In this paper, we provide a critical assessment of how the use of potentially untrustworthy (private) technological systems including blockchain-based systems in the public sector may affect trust in government. We then propose several policy options to protect the trust in government even if some of their technological components prove fundamentally untrustworthy.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020f,

title = {Who is the fairest of them all? Public attitudes and expectations regarding automated decision-making},

author = {Helberger, N. and Araujo, T. and Vreese, C.H. de},

url = {https://www.sciencedirect.com/science/article/pii/S0267364920300613?dgcid=author},

doi = {https://doi.org/10.1016/j.clsr.2020.105456},

year  = {2020},

date = {2020-09-15},

journal = {Computer Law \& Security Review},

volume = {39},

abstract = {The ongoing substitution of human decision makers by automated decision-making (ADM) systems in a whole range of areas raises the question of whether and, if so, under which conditions ADM is acceptable and fair. So far, this debate has been primarily led by academics, civil society, technology developers and members of the expert groups tasked to develop ethical guidelines for ADM. Ultimately, however, ADM affects citizens, who will live with, act upon and ultimately have to accept the authority of ADM systems.



The paper aims to contribute to this larger debate by providing deeper insights into the question of whether, and if so, why and under which conditions, citizens are inclined to accept ADM as fair. The results of a survey (N = 958) with a representative sample of the Dutch adult population, show that most respondents assume that AI-driven ADM systems are fairer than human decision-makers.



A more nuanced view emerges from an analysis of the responses, with emotions, expectations about AI being data- and calculation-driven, as well as the role of the programmer \textendash among other dimensions \textendash being cited as reasons for (un)fairness by AI or humans. Individual characteristics such as age and education level influenced not only perceptions about AI fairness, but also the reasons provided for such perceptions. The paper concludes with a normative assessment of the findings and suggestions for the future debate and research.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020g,

title = {Opinie: corona-app vraagt om meer toezicht op grote techbedrijven},

author = {Helberger, N. and Eskens, S.},

url = {https://www.volkskrant.nl/columns-opinie/opinie-corona-app-vraagt-om-meer-toezicht-op-grote-techbedrijven~b6898138/},

year  = {2020},

date = {2020-09-10},

journal = {De Volkskrant},

abstract = {Er is te weinig aandacht voor de rol van Google en Apple bij de invoering van de CoronaMelder, betogen Natali Helberger en Sarah Eskens.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Ferrari2020,

title = {The regulation of crypto-assets in the EU \textendash investment and payment tokens under the radar},

author = {Ferrari, V.},

url = {https://journals.sagepub.com/doi/10.1177/1023263X20911538},

doi = {https://doi.org/10.1177/1023263X20911538},

year  = {2020},

date = {2020-05-21},

journal = {Maastricht Journal of European and Comparative Law},

abstract = {Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Giannopoulou2020,

title = {Algorithmic systems: the consent is in the detail?},

author = {Giannopoulou, A.},

url = {https://policyreview.info/node/1452/pdf},

doi = {10.14763/2020.1.1452},

year  = {2020},

date = {2020-03-24},

journal = {Internet Policy Review},

volume = {9},

number = {1},

abstract = {Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled in order to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{vanDaalen2020,

title = {Openingssalvo in nieuwe Nederlandse Crypto Wars?},

author = {van Daalen, O.},

url = {https://www.ivir.nl/publicaties/download/Mediaforum_2019_6.pdf},

year  = {2020},

date = {2020-01-07},

journal = {Mediaforum},

volume = {2019},

number = {6},

pages = {205},

note = {Opinie},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@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},

url = {https://policyreview.info/articles/analysis/platform-ad-archives-promises-and-pitfalls},

doi = {10.14763/2019.4.1421},

year  = {2019},

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 = {},

pubstate = {published},

tppubtype = {article}

}

@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.},

url = {https://www.ivir.nl/publicaties/download/paper_recsys_19.pdf

https://dl.acm.org/citation.cfm?id=3347014},

year  = {2019},

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 = {},

pubstate = {published},

tppubtype = {article}

}

@article{Nooren2018,

title = {Should We Regulate Digital Platforms? A New Framework for Evaluating Policy Options},

author = {Nooren, P. and Gorp, N. van and van Eijk, N. and Fahy, R.},

url = {https://www.ivir.nl/publicaties/download/Policy_and_Internet_2018.pdf},

doi = {https://doi.org/10.1002/poi3.177},

year  = {2018},

date = {2018-09-11},

journal = {Policy \& Internet},

volume = {2018},

pages = {264-301},

abstract = {The economic and societal impact of digital platforms raises a number of questions for policymakers, including whether existing regulatory approaches and instruments are sufficient to promote and safeguard public interests. This article develops a practical framework that provides structure and guidance to policymakers who design policies for the digital economy. The framework differs from other approaches in taking the digital business models of platforms as the starting point for the analysis. The framework consists of three pillars, namely determining a platform's characteristics, relating these to public interests, and formulating policy options. The framework then invokes a return‐path analysis for assessing how the interventions affect the business model, whether it has the desired effect on public interests, and ensuring it has no undesired side‐effects on public interests. The framework puts forward two key messages for current discussions on digital platforms. First, one should look at the underlying characteristics of platforms rather than trying to understand digital platforms as a single category. Second, policymakers should explore existing rules and policy options, as they seem fit to deal with several characteristics of digital platforms in a time frame that matches the rapid development of platform technologies and business models.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Poort2017,

title = {Digital fixation: the law and economics of a fixed e-book price},

author = {Poort, J. and van Eijk, N.},

url = {http://www.ivir.nl/publicaties/download/1586.pdf},

year  = {2017},

date = {2017-04-28},

journal = {International Journal of Cultural Policy},

volume = {23},

number = {4},

pages = {464-481},

abstract = {

	Fifteen OECD countries, ten of which EU members, have regulation for fixing the price of printed books. At least eight of these have extended such regulation to e-books. This article investigates the cultural and economic arguments as well as the legal context concerning a fixed price for e-books and deals with the question of how the arguments for and against retail price maintenance for e-books should be weighted in the light of the evidence. It concludes that while the evidence in defence of a fixed price for printed books is slim at best, the case for a fixed price for e-books is weaker still while the legal acceptability within EU law is disputable. Against this background, introducing a fixed price for e-books is ill-advised.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {How to Start-Up A Legal Clinic: Key Considerations},

url = {https://www.ilincnetwork.eu/wp-content/uploads/2015/08/6-PB-How-to-Start-Up-a-Legal-Clinic-Key-Considerations.pdf},

year  = {2015},

date = {2015-09-29},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Security Collapse in the HTTPS Market},

author = {Asghari, H. and Eeten, M.J.G. van and Arnbak, A. and van Eijk, N.},

url = {http://www.ivir.nl/publicaties/download/CACM_2014_10.pdf},

year  = {2014},

date = {2014-10-10},

journal = {Communications of the ACM},

volume = {57},

number = {10},

pages = {47-55.},

abstract = {

	HTTPS (Hypertext Transfer Protocol Secure) has evolved into the de facto standard for secure Web browsing. However, widely reported security incidents\textemdashsuch as DigiNotar's breach, Apple's #gotofail, and OpenSSL's Heartbleed\textemdashhave exposed systemic security vulnerabilities of HTTPS to a global audience. The Edward Snowden revelations\textemdashnotably around operation BULLRUN, MUSCULAR, and the lesser-known FLYING PIG program to query certificate metadata on a dragnet scale\textemdashhave driven the point home that HTTPS is both a major target of government hacking and eavesdropping, as well as an effective measure against dragnet content surveillance when Internet traffic traverses global networks. HTTPS, in short, is an absolutely critical but fundamentally flawed cybersecurity technology.



	To evaluate both legal and technological solutions to augment the security of HTTPS, our article argues that an understanding of the economic incentives of the stakeholders in the HTTPS ecosystem, most notably the CAs, is essential. We outlines the systemic vulnerabilities of HTTPS, maps the thriving market for certificates, and analyzes the suggested regulatory and technological solutions on both sides of the Atlantic. The findings show existing yet surprising market patterns and perverse incentives: not unlike the financial sector, the HTTPS market is full of information asymmetries and negative externalities, as a handful of CAs dominate the market and have become "too big to fail." Unfortunately, proposed E.U. legislation will reinforce systemic vulnerabilities, and the proposed technological solutions that mostly originate in the U.S. are far from being adopted at scale. The systemic vulnerabilities in this crucial technology are likely to persist for years to come.

},

note = {

	Also published in:\<i\> \<a href="http://dl.acm.org/citation.cfm?id=2673311\&CFID=582181517\&CFTOKEN=51677975" target="_blank"\>ACM Queue - Security\</a\>\</i\>, 2014-8, vol. 12.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {World Wide Web of Your Wide Web?: Juridische aspecten van zoekmachine-personalisatie},

author = {M.A.A.  Oostveen},

url = {http://www.ivir.nl/publicaties/download/TvIR_2012.pdf},

year  = {2013},

date = {2013-07-11},

journal = {Tijdschrift voor Internetrecht},

number = {6},

pages = {173-179},

abstract = {Het world wide web is een enorme bron van informatie. Iedere internetgebruiker maakt gebruik van zoekmachines om die informatie te kunnen vinden. Veel gebruikers weten echter niet dat zoekresultaten behorende bij een bepaalde zoekterm niet voor iedereen hetzelfde zijn. Dit personaliseren van zoekresultaten heeft aanzienlijke maatschappelijke en juridische gevolgen.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {De door het recht bestuurde wereld is altijd virtueel geweest: Daar heeft de computer niets aan veranderd},

author = {E.J.  Dommering},

url = {http://www.ivir.nl/publicaties/download/NJB_2013_19.pdf},

year  = {2013},

date = {2013-05-30},

journal = {NJB},

number = {19},

pages = {1266-1272},

abstract = {

	In dit artikel wordt de uitspraak van de Hoge Raad in de zaak \textit{RuneScape } beschouwd vanuit de invalshoek van het begrip informatie en de betekenis daarvan in maatschappelijke en juridische processen, die naar hun aard altijd virtuele elementen hebben bevat. De stelling van de auteur is dat informatietechnologie scherper zichtbaar heeft gemaakt dat dit zo is, zodat we met nieuwe ogen naar een oude wereld kijken. De scheidslijn die computercriminaliteit met begrippen als materieel en immaterieel goed en \‘gegevens\’ en \‘goederen\’ heeft getrokken, heeft tot een toenemende verwarring geleid die de rechtszekerheid schaadt.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Hosting providers’ liability: Cour de Cassation puts an end to the notice and stay down rule},

author = {Jasserand, C.A.},

url = {http://jiplp.oxfordjournals.org/content/8/3/192.full?keytype=ref\&ijkey=RYEiqCDHLNoOVhF},

year  = {2013},

date = {2013-03-26},

journal = {Journal of Intellectual Property Law \& Practice},

number = {3},

pages = {192-193},

abstract = {

	In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal but overruled by the Cour de cassation on 12 July 2012.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Het bestuur als de tovenaarsleerling van ICT},

author = {E.J.  Dommering},

url = {http://www.ivir.nl/publicaties/download/NJB_2012_2.pdf},

year  = {2012},

date = {2012-01-17},

journal = {NJB},

number = {2},

pages = {109-115},

abstract = {

	De WRR heeft in het rapport i-Overheid een belangrijk onderwerp op de agenda gezet. Het Rathenau Instituut ging hem daarin in 2010 al voor. ICT is een instrument waarmee de nationale en Europese bestuurlijke bureaucratie\ën en organisaties in het middenveld steeds meer macht over de burgers krijgen, maar ook steeds meer privacyrisico\'s cre\ëren. ICT blijkt geen \'neutraal\' instrument, maar \'{e}\'{e}n dat een voortgaande verschuiving van de macht richting bestuur binnen de trias politica versterkt. De reactie van de regering is wat lauw gezien de urgentie van het probleem.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {De mythe van onbelemmerde toegang tot internet},

author = {N.A.N.M.  van Eijk},

url = {http://www.ivir.nl/publicaties/download/BTG_magazine_70.pdf},

year  = {2010},

date = {2010-05-20},

journal = {BTG Magazine},

volume = {2010},

number = {70},

pages = {28},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Zelfregulering: denken in alternatieven},

author = {N.A.N.M.  van Eijk},

url = {http://www.ivir.nl/publicaties/download/computerrecht_2010_2.pdf},

year  = {2010},

date = {2010-04-29},

journal = {Computerrecht},

number = {2},

pages = {52},

note = {Editorial.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Legal, Economic and Cultural Aspects of File Sharing},

author = {N.A.N.M.  van Eijk and J.P.  Poort},

url = {http://www.ivir.nl/publicaties/download/Communications\&Strategies_2010.pdf},

year  = {2010},

date = {2010-04-16},

journal = {Communications \& Strategies},

number = {77},

pages = {35-54},

abstract = {This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the long-term impact concerns changes in the industry's business models as well as in cultural diversity and the accessibility of content. It observes that the proliferation of digital distribution networks combined with the availability of digital technology among consumers has broken the entertainment industries' control over the access to their products. Only part of the decline in music sales can be attributed to file sharing. Despite the losses for the music industry, the increased accessibility of culture renders the overall welfare effects of file sharing robustly positive. As a consequence the entertainment industries, particularly the music industry, have to explore new models to sustain their business.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Technologieneutraliteit: 'Dit is geen frequentie'},

author = {N.A.N.M.  van Eijk},

url = {http://www.ivir.nl/publicaties/download/BTG_magazine_68.pdf},

year  = {2010},

date = {2010-03-03},

journal = {BTG Magazine},

number = {68},

pages = { 14},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {De vorige en de volgende vijfentwintig jaar},

author = {E.J.  Dommering},

url = {http://www.ivir.nl/publicaties/download/Computerrecht_2009_3.pdf},

year  = {2009},

date = {2009-11-25},

journal = {Computerrecht},

number = {3},

pages = {99},

keywords = {},

pubstate = {published},

tppubtype = {article}

}