Publications

Europa moet uit het AI-slop: Maar we moeten het niet hebben van de Digitale Omnibusverordening download

Nederlands Juristenblad (NJB), iss. : 12, num: 644, pp: 942-945, 2026

Abstract

Terwijl de wereld in razend tempo de AI-revolutie omarmt, worstelt de Europese Unie met de vraag hoe zij haar plek moet opeisen tussen technologische grootmachten als de VS en China. De analyse van Draghi legt pijnlijk bloot hoe ver Europa achterop is geraakt — en hoe regelgeving, ooit een bron van trots, nu vooral als rem wordt gezien. De nieuwe Digitale Omnibusverordening moet daar verandering in brengen, maar laat vooral zien hoe moeilijk het voor Brussel is om een toekomstgerichte visie op AI en data te ontwikkelen.

Artificial intelligence, Digitale Omnibusverordening, Europe

RIS

TY  - JOUR
AU  - van Daalen, O.
PY  - 2026
DA  - 2026-04-03
T1  - Europa moet uit het AI-slop: Maar we moeten het niet hebben van de Digitale Omnibusverordening
JO  - Nederlands Juristenblad (NJB)
IS  - 12
NV  - 644
SP  - 942-945
UR  - https://www.ivir.nl/publications/europa-moet-uit-het-ai-slop-maar-we-moeten-het-niet-hebben-van-de-digitale-omnibusverordening/njb12_europa-moet-uit-het-ai-slop/
AB  - Terwijl de wereld in razend tempo de AI-revolutie omarmt, worstelt de Europese Unie met de vraag hoe zij haar plek moet opeisen tussen technologische grootmachten als de VS en China. De analyse van Draghi legt pijnlijk bloot hoe ver Europa achterop is geraakt — en hoe regelgeving, ooit een bron van trots, nu vooral als rem wordt gezien. De nieuwe Digitale Omnibusverordening moet daar verandering in brengen, maar laat vooral zien hoe moeilijk het voor Brussel is om een toekomstgerichte visie op AI en data te ontwikkelen.
K1  - Artificial intelligence
K1  - Digitale Omnibusverordening
K1  - Europe
ER  -

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The Many Shades of Clouds: How Law Fails (Us) in Seeing Power in the Digital Economy

Terzis, P., Mittal, A. & van Hoboken, J.

Regulation & Governance, 2026

Abstract

Cloud infrastructures form the backbone of our contemporary (digital) production environment. Despite their centrality, legal and scholarly practice have not been treating cloud infrastructures as single objects of/for study. In other words, we have laws for regulating services and products that flow from (within) cloud infrastructures, but we have yet to grapple with their operators' ability to: (1) render things administratively calculable and legible; and (2) to dictate the global tempo of innovation by orchestrating technological trajectories. This is a problem and a consequence of a fragmented legal epistemology that has been constantly searching for gaps to fill in what has been perceived as a linear continuum of legal and technological development. Alas, this paper argues that we (legal scholars and practitioners) have been looking too closely to these developments to be able to see them. In this direction, the paper explains what we have missed in the (non-)regulation of cloud infrastructures, why, and what we can do to start seeing, learning, and talking about them in a way that better reflects their nature and power in modern economies and societies. And, at a time when various jurisdictions around the world are fragmenting the world of cloud infrastructures into lands of “sovereignty” ordered and monitored by multinational corporations, we find this legal and policy endeavor to be as necessary as ever.

Links

DOI: https://doi.org/10.1111/rego.70149

RIS

TY  - JOUR
AU  - Terzis, P.
AU  - Mittal, A.
AU  - van Hoboken, J.
PY  - 2026
DA  - 2026-03-24
T1  - The Many Shades of Clouds: How Law Fails (Us) in Seeing Power in the Digital Economy
JO  - Regulation & Governance
DO  - https://doi.org/10.1111/rego.70149
AB  - Cloud infrastructures form the backbone of our contemporary (digital) production environment. Despite their centrality, legal and scholarly practice have not been treating cloud infrastructures as single objects of/for study. In other words, we have laws for regulating services and products that flow from (within) cloud infrastructures, but we have yet to grapple with their operators\' ability to: (1) render things administratively calculable and legible; and (2) to dictate the global tempo of innovation by orchestrating technological trajectories. This is a problem and a consequence of a fragmented legal epistemology that has been constantly searching for gaps to fill in what has been perceived as a linear continuum of legal and technological development. Alas, this paper argues that we (legal scholars and practitioners) have been looking too closely to these developments to be able to see them. In this direction, the paper explains what we have missed in the (non-)regulation of cloud infrastructures, why, and what we can do to start seeing, learning, and talking about them in a way that better reflects their nature and power in modern economies and societies. And, at a time when various jurisdictions around the world are fragmenting the world of cloud infrastructures into lands of “sovereignty” ordered and monitored by multinational corporations, we find this legal and policy endeavor to be as necessary as ever.
ER  -

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Article{nokey,
	title = {The Many Shades of Clouds: How Law Fails (Us) in Seeing Power in the Digital Economy},
	author = {Terzis, P. and Mittal, A. and van Hoboken, J.},
	doi = {https://doi.org/10.1111/rego.70149},
	year = {2026},
	date = {2026-03-24},
	journal = {Regulation & Governance},
	abstract = {Cloud infrastructures form the backbone of our contemporary (digital) production environment. Despite their centrality, legal and scholarly practice have not been treating cloud infrastructures as single objects of/for study. In other words, we have laws for regulating services and products that flow from (within) cloud infrastructures, but we have yet to grapple with their operators\' ability to: (1) render things administratively calculable and legible; and (2) to dictate the global tempo of innovation by orchestrating technological trajectories. This is a problem and a consequence of a fragmented legal epistemology that has been constantly searching for gaps to fill in what has been perceived as a linear continuum of legal and technological development. Alas, this paper argues that we (legal scholars and practitioners) have been looking too closely to these developments to be able to see them. In this direction, the paper explains what we have missed in the (non-)regulation of cloud infrastructures, why, and what we can do to start seeing, learning, and talking about them in a way that better reflects their nature and power in modern economies and societies. And, at a time when various jurisdictions around the world are fragmenting the world of cloud infrastructures into lands of “sovereignty” ordered and monitored by multinational corporations, we find this legal and policy endeavor to be as necessary as ever.},
}

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Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment external link

Irion, K. & Fahy, R.

2026

Abstract

This Background Study examines the role of media regulators in the new digital environment and considers in addition to traditional media regulators also regulatory authorities of other actors involved insofar as this affects media actors, such as online platforms. The Study highlights that any regulatory framework on media regulators in a platform-based environment must be consistent with the European Convention on Human Rights (ECHR), particularly the right to freedom of expression and media freedom under Article 10 ECHR. It covers aspects of media regulators’ role and competences in a platform-based environment; the conditions necessary to ensure media regulators’ independence; and the need for strengthening national cross-sectoral coordination, cross-border cooperation and international assistance. It moreover explores how the country-of-origin principle and freedom of retransmission interact with mechanisms for effective cross-border cooperation.

Links

CDMSIInf(2026)1_Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment

Council of Europe, digital platforms, ECHR, Independent Regulatory Authorities, media freedom

RIS

TY  - RPRT
AU  - Irion, K.
AU  - Fahy, R.
PY  - 2026
DA  - 2026-03-18
T1  - Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment
UR  - https://rm.coe.int/09125948802afe9e
AB  - This Background Study examines the role of media regulators in the new digital environment and considers in addition to traditional media regulators also regulatory authorities of other actors involved insofar as this affects media actors, such as online platforms. The Study highlights that any regulatory framework on media regulators in a platform-based environment must be consistent with the European Convention on Human Rights (ECHR), particularly the right to freedom of expression and media freedom under Article 10 ECHR. It covers
aspects of media regulators’ role and competences in a platform-based environment; the conditions necessary to ensure media regulators’ independence; and the need for strengthening national cross-sectoral coordination, cross-border cooperation and international assistance. It
moreover explores how the country-of-origin principle and freedom of retransmission interact with mechanisms for effective cross-border cooperation.
K1  - Council of Europe
K1  - digital platforms
K1  - ECHR
K1  - Independent Regulatory Authorities
K1  - media freedom
ER  -

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Report{CoE-Background-Study,
	title = {Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment},
	author = {Irion, K. and Fahy, R.},
	url = {https://www.ivir.nl/publications/background-study-to-inform-the-development-of-a-guidance-note-on-media-regulators-in-a-platform-based-environment/cdmsiinf20261_background-study-to-inform-the-development-of-a-guidance-note-on-media-regulators-in-a-platform-based-environment/},
	year = {2026},
	date = {2026-03-18},
	abstract = {This Background Study examines the role of media regulators in the new digital environment and considers in addition to traditional media regulators also regulatory authorities of other actors involved insofar as this affects media actors, such as online platforms. The Study highlights that any regulatory framework on media regulators in a platform-based environment must be consistent with the European Convention on Human Rights (ECHR), particularly the right to freedom of expression and media freedom under Article 10 ECHR. It covers
aspects of media regulators’ role and competences in a platform-based environment; the conditions necessary to ensure media regulators’ independence; and the need for strengthening national cross-sectoral coordination, cross-border cooperation and international assistance. It
moreover explores how the country-of-origin principle and freedom of retransmission interact with mechanisms for effective cross-border cooperation.},
	keywords = {Council of Europe, digital platforms, ECHR, Independent Regulatory Authorities, media freedom},
}

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AI Hype in Journalism: Visibility, Power, and the Politics of Media Narratives

Dodds, T., Mine, N., Helberger, N., Guzman, A.L. & Diakopoulos, N.

Digital Journalism, vol. 14, iss. : 2, pp: 207-219, 2026

Abstract

Hype is a phenomenon that emerges from a set of practices rooted in the norms and narratives not only of journalism but of digital media and its algorithmic infrastructure more broadly, in the sociopolitical and cultural capital of technical expertise, and in the ambiguous and uncertain promises of a brighter future made by the world’s techno-elite. In this special issue, we explore media hype around AI functions as a pervasive system that is “sunk into and inside of other structures, social arrangements, and technologies” (Star, Citation1999, 381). We pay particular attention to how AI hype is embedded within journalism’s norms and narratives, labor politics, and the rhetoric of the tech industry. As the different articles in this special issue show, understanding AI hype as a systemic phenomenon conveys its power to shape narratives, practices, and regulations across layered systems of actors and networks, as well as its malleability by different stakeholders.

Links

DOI: https://doi.org/10.1080/21670811.2026.2630187

Artificial intelligence, Journalism, Media law

RIS

TY  - JOUR
AU  - Dodds, T.
AU  - Mine, N.
AU  - Helberger, N.
AU  - Guzman, A.L.
AU  - Diakopoulos, N.
PY  - 2026
DA  - 2026-03-11
T1  - AI Hype in Journalism: Visibility, Power, and the Politics of Media Narratives
JO  - Digital Journalism
VL  - 14
IS  - 2
SP  - 207-219
DO  - https://doi.org/10.1080/21670811.2026.2630187
AB  - Hype is a phenomenon that emerges from a set of practices rooted in the norms and narratives not only of journalism but of digital media and its algorithmic infrastructure more broadly, in the sociopolitical and cultural capital of technical expertise, and in the ambiguous and uncertain promises of a brighter future made by the world’s techno-elite. In this special issue, we explore media hype around AI functions as a pervasive system that is “sunk into and inside of other structures, social arrangements, and technologies” (Star, Citation1999, 381). We pay particular attention to how AI hype is embedded within journalism’s norms and narratives, labor politics, and the rhetoric of the tech industry. As the different articles in this special issue show, understanding AI hype as a systemic phenomenon conveys its power to shape narratives, practices, and regulations across layered systems of actors and networks, as well as its malleability by different stakeholders.
K1  - Artificial intelligence
K1  - Journalism
K1  - Media law
ER  -

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Bibtex

Article{nokey,
	title = {AI Hype in Journalism: Visibility, Power, and the Politics of Media Narratives},
	author = {Dodds, T. and Mine, N. and Helberger, N. and Guzman, A.L. and Diakopoulos, N.},
	doi = {https://doi.org/10.1080/21670811.2026.2630187},
	year = {2026},
	date = {2026-03-11},
	journal = {Digital Journalism},
	volume = {14},
	issue = {2},
	pages = {207-219},
	abstract = {Hype is a phenomenon that emerges from a set of practices rooted in the norms and narratives not only of journalism but of digital media and its algorithmic infrastructure more broadly, in the sociopolitical and cultural capital of technical expertise, and in the ambiguous and uncertain promises of a brighter future made by the world’s techno-elite. In this special issue, we explore media hype around AI functions as a pervasive system that is “sunk into and inside of other structures, social arrangements, and technologies” (Star, Citation1999, 381). We pay particular attention to how AI hype is embedded within journalism’s norms and narratives, labor politics, and the rhetoric of the tech industry. As the different articles in this special issue show, understanding AI hype as a systemic phenomenon conveys its power to shape narratives, practices, and regulations across layered systems of actors and networks, as well as its malleability by different stakeholders.},
	keywords = {Artificial intelligence, Journalism, Media law},
}

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Commentary: The GenAI governance gap

Helberger, N.

Information, Communication & Society, 2026

Links

DOI: https://doi.org/10.1080/1369118X.2026.2638354

GenAI

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Copyright, AI, and the Limits of Voluntary Licensing external link

Keller, P.

Open Future Blog, 2026

Artificial intelligence, Copyright, Licensing

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Shareholder Control and the New Politics of Platform Regulation external link

Leerssen, P.

DSA Observatory, 2026

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What environmental sensing means for the scope of the right to private life external link

Zeybek, B.

Law, Innovation & Technology, 2026

Abstract

Environmental sensors measure and capture data about natural phenomena like gas, light and temperature. Traditionally core to scientific research and environmental governance, they have become strategic tools for climate action as they have advanced technologically. The European Union leverages data as a catalyst for the green transition policies of the European Green Deal (‘twin transition’). At the same time, the European Court of Human Rights recently recognised states’ positive obligations to mitigate the harmful effects of climate change for the effective protection of the right to private life. Whereas increasingly sophisticated environmental sensing, data capture and processing could be defended under Article 8, these systems could also be invasive of privacy. This paper explores and conceptualises these different relationships of the right to private life under Article 8 and how they apply to environmental sensing technologies. Building on this, the paper identifies potential ways in which the relationship between privacy and climate action could evolve further in the future.

Links

DOI: https://doi.org/10.1080/17579961.2025.2593770

Privacy

RIS

TY  - JOUR
AU  - Zeybek, B.
PY  - 2026
DA  - 2026-02-27
T1  - What environmental sensing means for the scope of the right to private life
JO  - Law, Innovation & Technology
UR  - https://www.tandfonline.com/doi/full/10.1080/17579961.2025.2593770
DO  - https://doi.org/10.1080/17579961.2025.2593770
AB  - Environmental sensors measure and capture data about natural phenomena like gas, light and temperature. Traditionally core to scientific research and environmental governance, they have become strategic tools for climate action as they have advanced technologically. The European Union leverages data as a catalyst for the green transition policies of the European Green Deal (‘twin transition’). At the same time, the European Court of Human Rights recently recognised states’ positive obligations to mitigate the harmful effects of climate change for the effective protection of the right to private life. Whereas increasingly sophisticated environmental sensing, data capture and processing could be defended under Article 8, these systems could also be invasive of privacy. This paper explores and conceptualises these different relationships of the right to private life under Article 8 and how they apply to environmental sensing technologies. Building on this, the paper identifies potential ways in which the relationship between privacy and climate action could evolve further in the future.
K1  - Privacy
ER  -

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Article{nokey,
	title = {What environmental sensing means for the scope of the right to private life},
	author = {Zeybek, B.},
	doi = {https://doi.org/10.1080/17579961.2025.2593770},
	year = {2026},
	date = {2026-02-27},
	journal = {Law, Innovation & Technology},
	abstract = {Environmental sensors measure and capture data about natural phenomena like gas, light and temperature. Traditionally core to scientific research and environmental governance, they have become strategic tools for climate action as they have advanced technologically. The European Union leverages data as a catalyst for the green transition policies of the European Green Deal (‘twin transition’). At the same time, the European Court of Human Rights recently recognised states’ positive obligations to mitigate the harmful effects of climate change for the effective protection of the right to private life. Whereas increasingly sophisticated environmental sensing, data capture and processing could be defended under Article 8, these systems could also be invasive of privacy. This paper explores and conceptualises these different relationships of the right to private life under Article 8 and how they apply to environmental sensing technologies. Building on this, the paper identifies potential ways in which the relationship between privacy and climate action could evolve further in the future.},
	keywords = {Privacy},
}

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The AI Act/Copyright Interface – A Success Formula for Reconciling the Societal Interest in Culturally Diverse AI With Copyright Values? download

Senftleben, M.

In: E. Arezzo (ed.), Navigating the (Legal) Challenges of the Artificial Intelligence Era – Intellectual Property, Competition Law and Corporate Law, Alphen aan den Rijn: Kluwer Law International, 2026, pp: 41-78

AI Act, Copyright

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Comment of the European Copyright Society on the request for preliminary ruling in Case C-250/25 (Like Company) external link

Mezei, P., Kretschmer, M., Margoni, T., Peukert, A. & Quintais, J.

Copyright

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