European Journal of Risk Regulation最新文献

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ERR volume 14 issue 3 Cover and Front matter ERR 第 14 卷第 3 期封面和封底
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-09-01 DOI: 10.1017/err.2023.79
Alberto Alemanno, Hec Paris, Cliff Wirajendi, Enrico Bonadio, Pascal Cardonnel, Elaine Fahey, Anne-Lise Sibony, Maynooth Oliver Bartlett, Ireland Marta Morvillo University, Lorenzo Allio, rodrigo Consulting, Morten Broberg, Fabrizio Cafaggi, Manuel Alejandro Gòmez, Lukasz Gruszczynski, Benn McGrady, C. Radaelli, Andrea Renda, Matteo M. Winkler
{"title":"ERR volume 14 issue 3 Cover and Front matter","authors":"Alberto Alemanno, Hec Paris, Cliff Wirajendi, Enrico Bonadio, Pascal Cardonnel, Elaine Fahey, Anne-Lise Sibony, Maynooth Oliver Bartlett, Ireland Marta Morvillo University, Lorenzo Allio, rodrigo Consulting, Morten Broberg, Fabrizio Cafaggi, Manuel Alejandro Gòmez, Lukasz Gruszczynski, Benn McGrady, C. Radaelli, Andrea Renda, Matteo M. Winkler","doi":"10.1017/err.2023.79","DOIUrl":"https://doi.org/10.1017/err.2023.79","url":null,"abstract":"","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"10 1","pages":"f1 - f4"},"PeriodicalIF":2.9,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139344575","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}
引用次数: 0
ChatGPT: A Case Study on Copyright Challenges for Generative Artificial Intelligence Systems ChatGPT:生成式人工智能系统的版权挑战案例研究
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-29 DOI: 10.1017/err.2023.59
N. Lucchi
{"title":"ChatGPT: A Case Study on Copyright Challenges for Generative Artificial Intelligence Systems","authors":"N. Lucchi","doi":"10.1017/err.2023.59","DOIUrl":"https://doi.org/10.1017/err.2023.59","url":null,"abstract":"\u0000 This article focuses on copyright issues pertaining to generative artificial intelligence (AI) systems, with particular emphasis on the ChatGPT case study as a primary exemplar. In order to generate high-quality outcomes, generative AI systems require substantial quantities of training data, which may frequently comprise copyright-protected information. This prompts inquiries into the legal principles of fair use, the creation of derivative works and the lawfulness of data gathering and utilisation. The utilisation of input data for the purpose of training and enhancing AI models presents significant concerns regarding potential violations of copyright. This paper offers suggestions for safeguarding the interests of copyright holders and competitors, while simultaneously addressing legal challenges and expediting the advancement of AI technologies. This study analyses the ChatGPT platform as a case example to explore the necessary modifications that copyright regulations must undergo to adequately tackle the intricacies of authorship and ownership in the realm of AI-generated creative content.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44954191","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}
引用次数: 2
Reproducing Responsible Gambling through Codes of Conduct: The Role of Trade Associations and Codes of Conduct in Shaping Risk Regulation 通过行为准则再现负责任的赌博:行业协会和行为准则在形成风险监管中的作用
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-29 DOI: 10.1017/err.2023.50
Donal Casey
{"title":"Reproducing Responsible Gambling through Codes of Conduct: The Role of Trade Associations and Codes of Conduct in Shaping Risk Regulation","authors":"Donal Casey","doi":"10.1017/err.2023.50","DOIUrl":"https://doi.org/10.1017/err.2023.50","url":null,"abstract":"\u0000 Online gambling emerged in the 1990s in the midst of a process of market liberalisation. Here, scholars have argued that the gambling industry actively seeks state regulation to authorise and legitimate its activities. Why then, since the emergence of the online gambling industry, have trade associations continually sought to develop responsible gambling codes of conduct? In this paper, I address this puzzle by documenting and tracing the development and deployment of responsible gambling codes of conduct by trade associations from the emergence of the online gambling industry in the early 1990s and through processes of increased market liberalisation at the national level and market integration at the European Union level. I argue that online gambling trade associations deploy responsible gambling codes of conduct at particular moments of opportunity to shape their members’ external legal and regulatory environment and to reproduce and embed a particular understanding of how gambling-related risks should be regulated.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44957489","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}
引用次数: 0
How to Open Representative Democracy to the Future? 如何向未来开放代议制民主?
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-22 DOI: 10.1017/err.2023.56
Manon Revel
{"title":"How to Open Representative Democracy to the Future?","authors":"Manon Revel","doi":"10.1017/err.2023.56","DOIUrl":"https://doi.org/10.1017/err.2023.56","url":null,"abstract":"\u0000 In recent years, various innovations aimed at counteracting perceived presentism and democratic decline have emerged. One primary concern is the issue of inadequate representation in parliaments, which has prompted the development of various proposals for reforming the selection mechanisms of parliamentarians. In this context, lottocracy (selection of representatives at random) and proxy democracy (selection models based on self-selection and flexible nominations that determine the relative influence of representatives) are candidates as selection rules to open democratic representation. Herein, I examine the normative and contextual trade-offs underpinning lottocracy and proxy democracy. While both systems outperform electoral alternatives on the dimensions under study, they induce tensions that are often overlooked. Nonetheless, clarifying the normative compromises is crucial to addressing the challenges facing democratic systems and to informing the deployment of the future of representative democracy.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42647674","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}
引用次数: 0
Excessive Pricing in Pharmaceuticals under Article 102 TFEU 《药品价格管理办法》第一百零二条规定的药品价格过高
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-18 DOI: 10.1017/err.2023.49
Jacquelyn D. Veraldi
{"title":"Excessive Pricing in Pharmaceuticals under Article 102 TFEU","authors":"Jacquelyn D. Veraldi","doi":"10.1017/err.2023.49","DOIUrl":"https://doi.org/10.1017/err.2023.49","url":null,"abstract":"\u0000 High pharmaceutical pricing practices in Europe have been increasingly on the radar of the European Union, academia and civil society as a risk to Member State health budgets. It is therefore hardly surprising that, in recent years, competition authorities have resuscitated the excessive pricing prohibition contained in Article 102(a) TFEU. Focusing on this phenomenon, this piece highlights the diverse ways in which the United Brands test has been applied in pharmaceuticals by conducting a comparative study of the decisional practice of national competition authorities. Several observations and arguments are then derived therefrom, demonstrating that, while difficult (most notably in respect to patent-protected products), competition authorities and courts have established sophisticated ways of determining whether a pharmaceutical price is excessive in the sense of Article 102(a) TFEU. These findings should encourage hesitant competition authorities and private plaintiffs to at least carry out preliminary investigations when they suspect excessive pricing in pharmaceuticals is taking place.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43264012","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}
引用次数: 0
Acceptable Risks in Europe’s Proposed AI Act: Reasonableness and Other Principles for Deciding How Much Risk Management Is Enough 欧洲拟议人工智能法案中的可接受风险:决定多少风险管理足够的合理性和其他原则
European Journal of Risk Regulation Pub Date : 2023-08-18 DOI: 10.1017/err.2023.57
Henry Fraser, José-Miguel Bello y Villarino
{"title":"Acceptable Risks in Europe’s Proposed AI Act: Reasonableness and Other Principles for Deciding How Much Risk Management Is Enough","authors":"Henry Fraser, José-Miguel Bello y Villarino","doi":"10.1017/err.2023.57","DOIUrl":"https://doi.org/10.1017/err.2023.57","url":null,"abstract":"Abstract This paper critically evaluates the European Commission’s proposed AI Act’s approach to risk management and risk acceptability for high-risk artificial intelligence systems that pose risks to fundamental rights and safety. The Act aims to promote “trustworthy” AI with a proportionate regulatory burden. Its provisions on risk acceptability require residual risks from high-risk systems to be reduced or eliminated “as far as possible”, having regard for the “state of the art”. This criterion, especially if interpreted narrowly, is unworkable and promotes neither proportionate regulatory burden nor trustworthiness. By contrast, the Parliament’s most recent draft amendments to the risk management provisions introduce “reasonableness” and cost–benefit analyses and are more transparent regarding the value-laden and contextual nature of risk acceptability judgments. This paper argues that the Parliament’s approach is more workable and better balances the goals of proportionality and trustworthiness. It explains what reasonableness in risk acceptability judgments would entail, drawing on principles from negligence law and European medical devices regulation. It also contends that the approach to risk acceptability judgments needs a firm foundation of civic legitimacy, including detailed guidance or involvement from regulators and meaningful input from affected stakeholders.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136020814","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}
引用次数: 0
Existential Terrorism: Can Terrorists Destroy Humanity? 存在主义恐怖主义:恐怖分子能毁灭人类吗?
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-04 DOI: 10.1017/err.2023.48
Z. Kallenborn, G. Ackerman
{"title":"Existential Terrorism: Can Terrorists Destroy Humanity?","authors":"Z. Kallenborn, G. Ackerman","doi":"10.1017/err.2023.48","DOIUrl":"https://doi.org/10.1017/err.2023.48","url":null,"abstract":"\u0000 Mass-casualty terrorism and terrorism involving unconventional weapons have received extensive academic and policy attention, yet few academics have considered the broader question of whether such behaviours could pose a plausible risk to humanity’s survival or continued flourishing. Despite several terrorist and other violent non-state actors having evinced an interest in causing existential harm to humanity, their ambition has historically vastly outweighed their capability. Nonetheless, three pathways to existential harm exist: existential attack, existential spoilers and systemic harm. Each pathway varies in its risk dynamics considerably. Although an existential attack is plausible, it would require extraordinary levels of terrorist capability. Conversely, modest terrorist capabilities might be sufficient to spoil risk mitigation measures or cause systemic harm, but such actions would only result in existential harm under highly contingent circumstances. Overall, we conclude that the likelihood of terrorism causing existential harm is extremely low, at least in the near to medium term, but it is theoretically possible for terrorists to intentionally destroy humanity.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43717132","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}
引用次数: 0
Preserving Consumer Autonomy through European Union Regulation of Artificial Intelligence: A Long-Term Approach 通过欧盟对人工智能的监管来保护消费者的自主权:一种长期的方法
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-03 DOI: 10.1017/err.2023.58
Sébastien Fassiaux
{"title":"Preserving Consumer Autonomy through European Union Regulation of Artificial Intelligence: A Long-Term Approach","authors":"Sébastien Fassiaux","doi":"10.1017/err.2023.58","DOIUrl":"https://doi.org/10.1017/err.2023.58","url":null,"abstract":"\u0000 Personal autonomy is at the core of liberal societies, and its preservation has been a focus of European Union (EU) consumer and data protection law. Professionals increasingly use artificial intelligence in consumer markets to shape user preferences and influence their behaviours. This paper focuses on the long-term impact of artificial intelligence on consumer autonomy by studying three specific commercial practices: (1) dark patterns in user interfaces; (2) behavioural advertising; and (3) personalisation through recommender systems. It explores whether and to what extent EU regulation addresses the risks to consumer autonomy of using artificial intelligence in markets in the long term. It finds that new EU regulation does bring novelties to protect consumer autonomy in this context but fails to sufficiently consider the long-term consequences of autonomy capture by professionals. Finally, the paper makes several proposals to integrate the long-term risks affecting consumer autonomy in EU consumer and data protection regulation. It does so through an interdisciplinary approach, drawing from legal research and findings in the study of long-term thinking, philosophy and ethics and computer science.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42196261","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}
引用次数: 0
For Young and Future Generations? Insights from the Web Profiles of European Climate Pact Ambassadors 为年轻人和子孙后代?从欧洲气候公约大使的网络简介中获得的见解
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-08-03 DOI: 10.1017/err.2023.53
J. Tosun, Lucas Geese, I. Lorenzoni
{"title":"For Young and Future Generations? Insights from the Web Profiles of European Climate Pact Ambassadors","authors":"J. Tosun, Lucas Geese, I. Lorenzoni","doi":"10.1017/err.2023.53","DOIUrl":"https://doi.org/10.1017/err.2023.53","url":null,"abstract":"\u0000 The European Climate Pact provides opportunities for individuals, communities and organisations to declare their commitment to climate action. This study analyses the publicly available web profiles of the European Climate Pact Ambassadors (PAs) as of January 2023. First, it explores the extent to which people who volunteer as PAs demonstrate commitment to young and future generations. Second, it investigates whether PAs who self-identify as young people are more likely than other PAs to justify their mandate by referring to the interests of young and future generations. Third, it examines whether PAs who self-identify as young people are more likely to indicate other young people as the target audience of their activities. The manual coding and quantitative analysis of the PAs’ web profiles revealed that members of older generations as well as parents and grandparents are most likely to rationalise their engagement in the programme by referring to young and future generations. The data also showed that young people do target other young people when they act as PAs, but they are not the only group to do so. When compared to individuals with other professional identities, educators are also more likely to flag young people as their target audience.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42857100","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}
引用次数: 0
Decoding the Tecfidera Case: The Court of Justice of the European Union’s Verdict on the “Same Global Marketing Authorisation” 解读Tecfidera案:欧盟法院对“相同全球销售许可”的判决
IF 2.9
European Journal of Risk Regulation Pub Date : 2023-07-31 DOI: 10.1017/err.2023.51
Pramiti Parwani
{"title":"Decoding the Tecfidera Case: The Court of Justice of the European Union’s Verdict on the “Same Global Marketing Authorisation”","authors":"Pramiti Parwani","doi":"10.1017/err.2023.51","DOIUrl":"https://doi.org/10.1017/err.2023.51","url":null,"abstract":"","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":" ","pages":""},"PeriodicalIF":2.9,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47775923","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}
引用次数: 0
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