Freedom of Expression and the EU’s Ban on Russia Today: A Dangerous Rubicon Crossed

Freedom of Expression and the EU’s Ban on Russia Today: A Dangerous Rubicon Crossed external link

Fahy, R. & Voorhoof, D.

Communications Law, vol. 27, iss. : 4, pp: 186-193,

Abstract

In RT France v Council, the General Court of the European Union found that the ban on RT France in the EU did not violate the right to freedom of expression and media freedom, under Article 11 of the EU Charter of Fundamental Rights. Notably, the General Court sought to apply principles from case law of the European Court of Human Rights and international human rights law. This article argues that there are serious questions to be raised over the General Court’s reasoning in RT France, and the judgment arguably represents a deeply problematic application of European and international free expression principles.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4322452

Vrijheid van meningsuiting

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ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules external link

Hugenholtz, P.B.

Kluwer Copyright Blog, 2022

Links

http://copyrightblog.kluweriplaw.com/2022/12/12/allea-statement-on-open-access-publication-under-big-deals-and-the-new-copyright-rules/

Copyright, Digital Single Market, open access, remuneration

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Annotatie bij Hoge Raad 25 februari 2022 (Google) download

Dommering, E.

Nederlandse Jurisprudentie, iss. : 37/38/39, num: 259, pp: 4708-4709, 2022

Abstract

Privacyrecht. Algemene Verordening Gegevensbescherming (AVG); verzoek verwijdering zoekresultaten; gevoelige persoonsgegevens (art. 10 AVG); maatstaf. Proceskosten in AVG-zaken; doeltreffende voorziening (art. 79 AVG en art. 47 Handvest Grondrechten EU).

Links

Annotatie_NJ_2022_259

Annotaties, AVG, Privacy, zoekresultaten

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Annotatie Hoge Raad 3 december 2021 (Hoist Finance AB) download

Dommering, E.

Nederlandse Jurisprudentie, iss. : 37/38/39, num: 258, pp: 4640-4642, 2022

Abstract

Prejudiciële beslissing op voet art. 392 Rv. Algemene verordening gegevensbescherming (AVG). Rechtsgrond verwerking persoonsgegevens in kredietregistratiestelsel BKR; recht op gegevenswissing; recht op bezwaar.

Links

Annotatie_NJ_2022_258

Annotaties, AVG, Privacy

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Using Terms and Conditions to Apply Fundamental Rights to Content Moderation external link

Quintais, J., Appelman, N. & Fahy, R.

German Law Journal (forthcoming), 2022

Abstract

Large online platforms provide an unprecedented means for exercising freedom of expression online and wield enormous power over public participation in the online democratic space. However, it is increasingly clear that their systems, where (automated) content moderation decisions are taken based on a platform's terms and conditions (T&Cs), are fundamentally broken. Content moderation systems have been said to undermine freedom of expression, especially where important public interest speech ends up suppressed, such as speech by minority and marginalized groups. Indeed, these content moderation systems have been criticized for their overly vague rules of operation, inconsistent enforcement, and an overdependence on automation. Therefore, in order to better protect freedom of expression online, international human rights bodies and civil society organizations have argued that platforms “should incorporate directly” principles of fundamental rights law into their T&Cs. Under EU law, and apart from a rule in the Terrorist Content Regulation, platforms had until recently no explicit obligation to incorporate fundamental rights into their T&Cs. However, an important provision in the Digital Services Act (DSA) will change this. Crucially, Article 14 DSA lays down new rules on how platforms can enforce their T&Cs, including that platforms must have “due regard” to the “fundamental rights” of users under the EU Charter of Fundamental Rights. In this article, we critically examine the topic of enforceability of fundamental rights via T&Cs through the prism of Article 14 DSA. We ask whether this provision requires platforms to apply EU fundamental rights law and to what extent this may curb the power of Big Tech over online speech. We conclude that Article 14 will make it possible, in principle, to establish the indirect horizontal effect of fundamental rights in the relationship between online platforms and their users. But in order for the application and enforcement of T&Cs to take due regard of fundamental rights, Article 14 must be operationalized within the framework of the international and European fundamental rights standards, and therefore allowing Article 14 to fulfil its revolutionary potential.

Links

Content moderation, Digital Services Act (DSA), Freedom of expression, Online platforms, platform regulation, terms and conditions

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Appelman, N.
AU  - Fahy, R.
PY  - 2022
DA  - 2022-11-25
T1  - Using Terms and Conditions to Apply Fundamental Rights to Content Moderation
JO  - German Law Journal (forthcoming)
UR  - https://osf.io/f2n7m/
AB  - Large online platforms provide an unprecedented means for exercising freedom of expression online and wield enormous power over public participation in the online democratic space. However, it is increasingly clear that their systems, where (automated) content moderation decisions are taken based on a platform\'s terms and conditions (T&Cs), are fundamentally broken. Content moderation systems have been said to undermine freedom of expression, especially where important public interest speech ends up suppressed, such as speech by minority and marginalized groups. Indeed, these content moderation systems have been criticized for their overly vague rules of operation, inconsistent enforcement, and an overdependence on automation. Therefore, in order to better protect freedom of expression online, international human rights bodies and civil society organizations have argued that platforms “should incorporate directly” principles of fundamental rights law into their T&Cs. Under EU law, and apart from a rule in the Terrorist Content Regulation, platforms had until recently no explicit obligation to incorporate fundamental rights into their T&Cs. However, an important provision in the Digital Services Act (DSA) will change this. Crucially, Article 14 DSA lays down new rules on how platforms can enforce their T&Cs, including that platforms must have “due regard” to the “fundamental rights” of users under the EU Charter of Fundamental Rights. In this article, we critically examine the topic of enforceability of fundamental rights via T&Cs through the prism of Article 14 DSA. We ask whether this provision requires platforms to apply EU fundamental rights law and to what extent this may curb the power of Big Tech over online speech. We conclude that Article 14 will make it possible, in principle, to establish the indirect horizontal effect of fundamental rights in the relationship between online platforms and their users. But in order for the application and enforcement of T&Cs to take due regard of fundamental rights, Article 14 must be operationalized within the framework of the international and European fundamental rights standards, and therefore allowing Article 14 to fulfil its revolutionary potential.
K1  - Content moderation
K1  - Digital Services Act (DSA)
K1  - Freedom of expression
K1  - Online platforms
K1  - platform regulation
K1  - terms and conditions
ER  -

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Article{nokey,
	title = {Using Terms and Conditions to Apply Fundamental Rights to Content Moderation},
	author = {Quintais, J. and Appelman, N. and Fahy, R.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4286147},
	year = {2022},
	date = {2022-11-25},
	journal = {German Law Journal (forthcoming)},
	abstract = {Large online platforms provide an unprecedented means for exercising freedom of expression online and wield enormous power over public participation in the online democratic space. However, it is increasingly clear that their systems, where (automated) content moderation decisions are taken based on a platform\'s terms and conditions (T&Cs), are fundamentally broken. Content moderation systems have been said to undermine freedom of expression, especially where important public interest speech ends up suppressed, such as speech by minority and marginalized groups. Indeed, these content moderation systems have been criticized for their overly vague rules of operation, inconsistent enforcement, and an overdependence on automation. Therefore, in order to better protect freedom of expression online, international human rights bodies and civil society organizations have argued that platforms “should incorporate directly” principles of fundamental rights law into their T&Cs. Under EU law, and apart from a rule in the Terrorist Content Regulation, platforms had until recently no explicit obligation to incorporate fundamental rights into their T&Cs. However, an important provision in the Digital Services Act (DSA) will change this. Crucially, Article 14 DSA lays down new rules on how platforms can enforce their T&Cs, including that platforms must have “due regard” to the “fundamental rights” of users under the EU Charter of Fundamental Rights. In this article, we critically examine the topic of enforceability of fundamental rights via T&Cs through the prism of Article 14 DSA. We ask whether this provision requires platforms to apply EU fundamental rights law and to what extent this may curb the power of Big Tech over online speech. We conclude that Article 14 will make it possible, in principle, to establish the indirect horizontal effect of fundamental rights in the relationship between online platforms and their users. But in order for the application and enforcement of T&Cs to take due regard of fundamental rights, Article 14 must be operationalized within the framework of the international and European fundamental rights standards, and therefore allowing Article 14 to fulfil its revolutionary potential.},
	keywords = {Content moderation, Digital Services Act (DSA), Freedom of expression, Online platforms, platform regulation, terms and conditions},
}

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Compliance of National TDM Rules with International Copyright Law: An Overrated Nonissue? external link

Senftleben, M.

IIC - International Review of Intellectual Property and Competition Law, vol. 53, pp: 1477-1505, 2022

Abstract

Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure compliance with the three-step test laid down in Art. 9(2) of the Berne Convention, Art. 13 of the TRIPS Agreement and Art. 10 of the WIPO Copyright Treaty. Against this background, the analysis raises the question whether international copyright law covers TDM activities at all. TDM does not concern a traditional category of use that could have been contemplated at the diplomatic conferences leading to the current texts of the Berne Convention, the TRIPS Agreement and the WIPO Copyright Treaty. It is an automated, analytical type of use that does not affect the expressive core of literary and artistic works. Arguably, TDM constitutes a new category of copying that falls outside the scope of international copyright harmonization altogether.

Links

Artificial intelligence, Auteursrecht, Text and Data Mining (TDM)

RIS

TY  - JOUR
AU  - Senftleben, M.
PY  - 2022
DA  - 2022-11-25
T1  - Compliance of National TDM Rules with International Copyright Law: An Overrated Nonissue?
JO  - IIC - International Review of Intellectual Property and Competition Law
VL  - 53
SP  - 1477-1505
UR  - https://link.springer.com/article/10.1007/s40319-022-01266-8
DO  - https://doi.org/10.1007/s40319-022-01266-8
AB  - Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure compliance with the three-step test laid down in Art. 9(2) of the Berne Convention, Art. 13 of the TRIPS Agreement and Art. 10 of the WIPO Copyright Treaty. Against this background, the analysis raises the question whether international copyright law covers TDM activities at all. TDM does not concern a traditional category of use that could have been contemplated at the diplomatic conferences leading to the current texts of the Berne Convention, the TRIPS Agreement and the WIPO Copyright Treaty. It is an automated, analytical type of use that does not affect the expressive core of literary and artistic works. Arguably, TDM constitutes a new category of copying that falls outside the scope of international copyright harmonization altogether.
K1  - Artificial intelligence
K1  - Auteursrecht
K1  - Text and Data Mining (TDM)
ER  -

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Bibtex

Article{nokey,
	title = {Compliance of National TDM Rules with International Copyright Law: An Overrated Nonissue?},
	author = {Senftleben, M.},
	doi = {https://doi.org/10.1007/s40319-022-01266-8},
	year = {2022},
	date = {2022-11-25},
	journal = {IIC - International Review of Intellectual Property and Competition Law},
	volume = {53},
	pages = {1477-1505},
	abstract = {Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure compliance with the three-step test laid down in Art. 9(2) of the Berne Convention, Art. 13 of the TRIPS Agreement and Art. 10 of the WIPO Copyright Treaty. Against this background, the analysis raises the question whether international copyright law covers TDM activities at all. TDM does not concern a traditional category of use that could have been contemplated at the diplomatic conferences leading to the current texts of the Berne Convention, the TRIPS Agreement and the WIPO Copyright Treaty. It is an automated, analytical type of use that does not affect the expressive core of literary and artistic works. Arguably, TDM constitutes a new category of copying that falls outside the scope of international copyright harmonization altogether.},
	keywords = {Artificial intelligence, Auteursrecht, Text and Data Mining (TDM)},
}

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The EU’s Digital Identity Policy: Tracing Policy Punctuations

Weigl, L., Amard, A., Codagnone, C. & Fridgen, G.

Proceedings of the 15th International Conference on Theory and Practice of Electronic Governance , pp: 74-81, 2022

Abstract

This paper analyzes the development of the European Union's digital identity policy. The analysis focuses on the dynamics leading to a sudden shift from identity management as a sensitive topic under national competence towards a common, harmonized, user-centric European Digital Identity Framework layering on top of Member States’ existing systems. We adopted a syncretic approach to Punctuated Equilibrium Theory and focused specifically on the concept of policy punctuations and policy image. Process tracing is used as a method to trace and interpret causal mechanisms of policy processes. The empirical analysis is grounded in elite interviews and policy documentation. To open up the black box of policy-making, we analyze and disaggregate the policy process. We thereby provide a better understanding of the historical-political and technological mechanisms that determine particular policy outcomes.

Links

DOI: https://doi.org/10.1145/3560107.3560121

RIS

TY  - CPAPER
AU  - Weigl, L.
AU  - Amard, A.
AU  - Codagnone, C.
AU  - Fridgen, G.
PY  - 2022
DA  - 2022-11-18
T1  - The EU’s Digital Identity Policy: Tracing Policy Punctuations
JO  - Proceedings of the 15th International Conference on Theory and Practice of Electronic Governance 
SP  - 74-81
DO  - https://doi.org/10.1145/3560107.3560121
AB  - This paper analyzes the development of the European Union\'s digital identity policy. The analysis focuses on the dynamics leading to a sudden shift from identity management as a sensitive topic under national competence towards a common, harmonized, user-centric European Digital Identity Framework layering on top of Member States’ existing systems. We adopted a syncretic approach to Punctuated Equilibrium Theory and focused specifically on the concept of policy punctuations and policy image. Process tracing is used as a method to trace and interpret causal mechanisms of policy processes. The empirical analysis is grounded in elite interviews and policy documentation. To open up the black box of policy-making, we analyze and disaggregate the policy process. We thereby provide a better understanding of the historical-political and technological mechanisms that determine particular policy outcomes.
ER  -

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Bibtex

Conference paper{nokey,
	title = {The EU’s Digital Identity Policy: Tracing Policy Punctuations},
	author = {Weigl, L. and Amard, A. and Codagnone, C. and Fridgen, G.},
	doi = {https://doi.org/10.1145/3560107.3560121},
	year = {2022},
	date = {2022-11-18},
	journal = {Proceedings of the 15th International Conference on Theory and Practice of Electronic Governance },
	pages = {74-81},
	abstract = {This paper analyzes the development of the European Union\'s digital identity policy. The analysis focuses on the dynamics leading to a sudden shift from identity management as a sensitive topic under national competence towards a common, harmonized, user-centric European Digital Identity Framework layering on top of Member States’ existing systems. We adopted a syncretic approach to Punctuated Equilibrium Theory and focused specifically on the concept of policy punctuations and policy image. Process tracing is used as a method to trace and interpret causal mechanisms of policy processes. The empirical analysis is grounded in elite interviews and policy documentation. To open up the black box of policy-making, we analyze and disaggregate the policy process. We thereby provide a better understanding of the historical-political and technological mechanisms that determine particular policy outcomes.},
}

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Opinie: Commerciële datakluizen lossen problemen met big tech niet op external link

Janssen, H.

De Volkskrant, 2022

Abstract

Om de burger te behoeden voor de grote controle-, heers- en geldzucht van big tech, worden steeds vaker zogenaamde ‘datakluizen’ aangeboden. Maar zijn de digitale gegevens die we tikkend en klikkend vanuit die kluis delen wel beter af?

Links

https://archive.ph/dQqU3

datakluizen, Technologie en recht

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Recommenders with a Mission: Assessing Diversity in News Recommendations external link

Vrijenhoek, S., Kaya, M., Metoui, N., Möller, J., Odijk, D. & Helberger, N.

CHIIR '21: Proceedings of the 2021 Conference on Human Information Interaction and Retrieval, pp: 173-183, 2021

Abstract

News recommenders help users to find relevant online content and have the potential to fulfill a crucial role in a democratic society, directing the scarce attention of citizens towards the information that is most important to them. Simultaneously, recent concerns about so-called filter bubbles, misinformation and selective exposure are symptomatic of the disruptive potential of these digital news recommenders. Recommender systems can make or break filter bubbles, and as such can be instrumental in creating either a more closed or a more open internet. Current approaches to evaluating recommender systems are often focused on measuring an increase in user clicks and short-term engagement, rather than measuring the user's longer term interest in diverse and important information. This paper aims to bridge the gap between normative notions of diversity, rooted in democratic theory, and quantitative metrics necessary for evaluating the recommender system. We propose a set of metrics grounded in social science interpretations of diversity and suggest ways for practical implementations.

Links

diversity, Mediarecht, news recommenders

RIS

TY  - JOUR
AU  - Vrijenhoek, S.
AU  - Kaya, M.
AU  - Metoui, N.
AU  - Möller, J.
AU  - Odijk, D.
AU  - Helberger, N.
PY  - 2021
DA  - 2021-03-14
T1  - Recommenders with a Mission: Assessing Diversity in News Recommendations
JO  - CHIIR '21: Proceedings of the 2021 Conference on Human Information Interaction and Retrieval
SP  - 173-183
UR  - https://dl.acm.org/doi/10.1145/3406522.3446019
DO  - https://doi.org/10.1145/3406522.3446019
AB  - News recommenders help users to find relevant online content and have the potential to fulfill a crucial role in a democratic society, directing the scarce attention of citizens towards the information that is most important to them. Simultaneously, recent concerns about so-called filter bubbles, misinformation and selective exposure are symptomatic of the disruptive potential of these digital news recommenders. Recommender systems can make or break filter bubbles, and as such can be instrumental in creating either a more closed or a more open internet. Current approaches to evaluating recommender systems are often focused on measuring an increase in user clicks and short-term engagement, rather than measuring the user\'s longer term interest in diverse and important information.
This paper aims to bridge the gap between normative notions of diversity, rooted in democratic theory, and quantitative metrics necessary for evaluating the recommender system. We propose a set of metrics grounded in social science interpretations of diversity and suggest ways for practical implementations.
K1  - diversity
K1  - Mediarecht
K1  - news recommenders
ER  -

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Bibtex

Article{nokey,
	title = {Recommenders with a Mission: Assessing Diversity in News Recommendations},
	author = {Vrijenhoek, S. and Kaya, M. and Metoui, N. and Möller, J. and Odijk, D. and Helberger, N.},
	doi = {https://doi.org/10.1145/3406522.3446019},
	year = {2021},
	date = {2021-03-14},
	journal = {CHIIR '21: Proceedings of the 2021 Conference on Human Information Interaction and Retrieval},
	pages = {173-183},
	abstract = {News recommenders help users to find relevant online content and have the potential to fulfill a crucial role in a democratic society, directing the scarce attention of citizens towards the information that is most important to them. Simultaneously, recent concerns about so-called filter bubbles, misinformation and selective exposure are symptomatic of the disruptive potential of these digital news recommenders. Recommender systems can make or break filter bubbles, and as such can be instrumental in creating either a more closed or a more open internet. Current approaches to evaluating recommender systems are often focused on measuring an increase in user clicks and short-term engagement, rather than measuring the user\'s longer term interest in diverse and important information.
This paper aims to bridge the gap between normative notions of diversity, rooted in democratic theory, and quantitative metrics necessary for evaluating the recommender system. We propose a set of metrics grounded in social science interpretations of diversity and suggest ways for practical implementations.},
	keywords = {diversity, Mediarecht, news recommenders},
}

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Actualisatie reserveprijs veiling 3,5 GHz download

Tieben, B., Kuczynski, A., Vlaanderen, M. & Poort, J.

2022

Links

Actualisatie reserveprijs veiling 35 GHz

veilingen

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