{"title":"The perils of legally defining disinformation","authors":"R. Fathaigh, N. Helberger, Naomi Appelman","doi":"10.14763/2021.4.1584","DOIUrl":"https://doi.org/10.14763/2021.4.1584","url":null,"abstract":": EU policy considers disinformation to be harmful content, rather than illegal content. However, EU member states have recently been making disinformation illegal. This article discusses the definitions that form the basis of EU disinformation policy, and analyses national legislation in EU member states applicable to the definitions of disinformation, in light of freedom of expression and the proposed Digital Services Act. The article discusses the perils of defining disinformation in EU legislation, and including provisions on online platforms being required to remove illegal content,","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"486 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122077136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Internet interconnection infrastructure: lessons from the global South","authors":"Fernanda R. Rosa","doi":"10.14763/2021.4.1583","DOIUrl":"https://doi.org/10.14763/2021.4.1583","url":null,"abstract":"This article examines the formation of the first internet exchange point (IXP) in Mexico amid the implementation of telecommunication reforms and asymmetric regulations in a market with low level of competition. An IXP is defined as a shared interconnection facility and a key internet governance arena where players with myriad goals and functions mesh in interlaced technical and political dynamics. The study shows how data centres, passive infrastructure and autonomous system numbers play a critical role that stand out in the context of lack of infrastructure in Mexico. The paper argues that the challenges for an IXP to become stable in such a context in the global South is a result of IXP imagined affordances and the way that infrastructure, the telecommunications incumbent, its competitors, the state regulator, and the IXP operator interact, keeping the initiative in a fragile equilibrium. Issue 4","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126789406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Extraterritorial application of the GDPR: promoting European values or power?","authors":"O. Gstrein, A. Zwitter","doi":"10.14763/2021.3.1576","DOIUrl":"https://doi.org/10.14763/2021.3.1576","url":null,"abstract":"This article examines whether the territorial scope of the EU General Data Protection Regulation promotes European values. While the regulation received international attention, it remains questionable whether provisions with extraterritorial effect support a power-based approach or a value-driven strategy. Developments around the enforceability of a ‘right to be forgotten’, or the difficulties in regulating transatlantic data flows, raise doubts as to whether unilateral standard setting does justice to the plurality and complexity of the digital sphere. We conclude that extraterritorial application of EU data protection law currently adopts a power-based approach which does not promote European values sustainably. Rather, it evokes wrong expectations about the universality of individual rights. Issue 3 Section","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129400935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Governing the shadow of hierarchy: enhanced self-regulation in European data protection codes and certifications","authors":"Rotem Medzini","doi":"10.14763/2021.3.1577","DOIUrl":"https://doi.org/10.14763/2021.3.1577","url":null,"abstract":"","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128475029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Balázs Bodó, K. Irion, H. Janssen, A. Giannopoulou
{"title":"Personal data ordering in context: the interaction of meso-level data governance regimes with macro frameworks","authors":"Balázs Bodó, K. Irion, H. Janssen, A. Giannopoulou","doi":"10.14763/2021.3.1581","DOIUrl":"https://doi.org/10.14763/2021.3.1581","url":null,"abstract":": The technological infrastructures enabling the collection, processing, and trading of data have fuelled a rapid innovation of data governance models. We differentiate between macro, meso, and micro level models, which correspond to major political blocks; societal-, industry-, or community level systems, and individual approaches, respectively. We focus on meso-level models, which coalesce around: (1) organisations prioritising their own interests over interests of other stakeholders; (2) organisations offering technological and legal tools aiming to empower individuals; (3) community-based data intermediaries fostering collective rights and interests. In this article we assess these meso-level models, and discuss their interaction with the macro-level legal frameworks that have evolved in the US, the EU, and China. The legal landscape has largely remained inconsistent and fragmented, with enforcement struggling to keep up with the latest developments. We argue, first, that the success of meso-logics is largely defined by global economic competition, and, second, that these meso-logics may potentially put the EU’s macro-level framework with its mixed internal market and fundamental rights-oriented model under pressure. We conclude that, given the relative absence of a strong macro level-framework and an intensive competition of governance models at meso-level, it may be challenging to avoid compromises to the European macro framework.","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127245427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Huw Roberts, Josh Cowls, F. Casolari, J. Morley, M. Taddeo, Luciano Floridi
{"title":"Safeguarding European values with digital sovereignty: an analysis of statements and policies","authors":"Huw Roberts, Josh Cowls, F. Casolari, J. Morley, M. Taddeo, Luciano Floridi","doi":"10.14763/2021.3.1575","DOIUrl":"https://doi.org/10.14763/2021.3.1575","url":null,"abstract":": The European Union (EU) has, with increasing frequency, outlined an intention to strengthen its “digital sovereignty” as a basis for safeguarding European values in the digital age. Yet, uncertainty remains as to how the term should be defined, undermining efforts to assess the success of the EU’s digital sovereignty agenda. The task of this paper is to reduce this uncertainty by i) analysing how digital sovereignty has been discussed by EU institutional actors and placing this in a wider conceptual framework, ii) mapping specific policy areas and measures that EU institutional actors cite as important for strengthening digital sovereignty, iii) assessing the effectiveness of current policy measures at strengthening digital sovereignty, and iv) proposing policy solutions that go above and beyond current measures and address existing gaps. To do this, we introduce a conceptual understanding of digital sovereignty and then empirically ground this within the specific EU context via an analysis of a corpus of 180 EU webpages that have mentioned the term “digital sovereignty” within the past year. We find that existing policies, in particular those pertaining to data governance, help to achieve some of the EU’s specific aims in regard to digital sovereignty, such as conditioning outward data flows, but they are more limited concerning other aims, like advancing the EU’s competitiveness and regulating the private sector. This is problematic insofar as it constrains the EU’s ability to safeguard and promote its values. The policy solutions we propose represent steps towards the further strengthening of the EU’s digital sovereignty and firmer protection of EU values. This paper is part of Governing “European values” inside data flows , a special issue of Internet Policy Review guest-edited by Kristina Irion, Mira Burri, Ans Kolk, Stefania Milan.","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127402970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mitigating the risk of US surveillance for public sector services in the cloud","authors":"J. Hildén","doi":"10.14763/2021.3.1578","DOIUrl":"https://doi.org/10.14763/2021.3.1578","url":null,"abstract":": Despite efforts to mitigate European concerns over US governmental access to European data, the US regulatory framework is still problematic from a fundamental rights perspective, as elevated by the Schrems II ruling. The issues associated with transnational transfers of data have been further complicated by the European Data Protection Board’s recommendations that state that EU personal data cannot be processed in the clear in third countries where public authorities demand access to data. Based on empirical case studies from the Netherlands and Sweden, the present contribution outlines possible remedies that mitigate this problem, but the fundamental issue appears unsolvable. While the US has taken steps to grant foreign nationals more rights, significant challenges remain with the US approach to mass surveillance and EU citizens’ lack of judicial redress.","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":" 23","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132159171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Beyond the individual: governing AI's societal harm","authors":"Nathalie A. Smuha","doi":"10.14763/2021.3.1574","DOIUrl":"https://doi.org/10.14763/2021.3.1574","url":null,"abstract":"In this paper, I distinguish three types of harm that can arise in the context of artificial intelligence (AI): individual harm, collective harm and societal harm. Societal harm is often overlooked, yet not reducible to the two former types of harm. Moreover, mechanisms to tackle individual and collective harm raised by AI are not always suitable to counter societal harm. As a result, policymakers’ gap analysis of the current legal framework for AI not only risks being incomplete, but proposals for new legislation to bridge these gaps may also inadequately protect societal interests that are adversely impacted by AI. By conceptualising AI’s societal harm, I argue that a shift in perspective is needed beyond the individual, towards a regulatory approach of AI that addresses its effects on society at large. Drawing on a legal domain specifically aimed at protecting a societal interest—environmental law—I identify three ‘societal’ mechanisms that EU policymakers should consider in the context of AI. These concern (1) public oversight mechanisms to increase accountability, including mandatory impact assessments with the opportunity to provide societal feedback; (2) public monitoring mechanisms to ensure independent information gathering and dissemination about AI’s societal impact; and (3) the introduction of procedural rights with a societal dimension, including a right to access to information, access to justice, and participation in public decision-making on AI, regardless of the demonstration of individual harm. Finally, I consider to what extent the European Commission’s new proposal for an AI regulation takes these mechanisms into consideration, before offering concluding remarks. Issue 3 This paper is part of Governing “European values” inside data flows, a special issue of Internet Policy Review guest-edited by Kristina Irion, Mira Burri, Ans Kolk, Stefania Milan.","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133958854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
M. Jacobs, Christian Kurtz, Judith Simon, Tilo Böhmann
{"title":"Value Sensitive Design and power in socio-technical ecosystems","authors":"M. Jacobs, Christian Kurtz, Judith Simon, Tilo Böhmann","doi":"10.14763/2021.3.1580","DOIUrl":"https://doi.org/10.14763/2021.3.1580","url":null,"abstract":"","PeriodicalId":219999,"journal":{"name":"Internet Policy Rev.","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131841950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}