Keyword: Artificial intelligence

Governing “European values” inside data flows: : interdisciplinary perspectives external link

Irion, K., Kolk, A., Buri, M. & Milan, S.
Internet Policy Review, vol. 10, num: 3, 2021

Abstract

This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.

Artificial intelligence, Data flows, Data governance, Digital connectivity, European Union, European values, Human rights, Internet governance, Personal data protection, Public policy, Societal values

Bibtex

Article{Irion2021e, title = {Governing “European values” inside data flows: : interdisciplinary perspectives}, author = {Irion, K. and Kolk, A. and Buri, M. and Milan, S.}, url = {https://policyreview.info/european-values}, doi = {https://doi.org/10.14763/2021.3.1582}, year = {1011}, date = {2021-10-11}, journal = {Internet Policy Review}, volume = {10}, number = {3}, pages = {}, abstract = {This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.}, keywords = {Artificial intelligence, Data flows, Data governance, Digital connectivity, European Union, European values, Human rights, Internet governance, Personal data protection, Public policy, Societal values}, }

Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output? external link

Hugenholtz, P. & Quintais, J.
IIC - International Review of Intellectual Property and Competition Law , vol. 52, num: 9, pp: 1190-1216, 2021

Abstract

This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.

Artificial intelligence, Auteursrecht, frontpage

Bibtex

Article{Hugenholtz2021d, title = {Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?}, author = {Hugenholtz, P. and Quintais, J.}, url = {https://link.springer.com/article/10.1007/s40319-021-01115-0}, doi = {https://doi.org/https://doi.org/10.1007/s40319-021-01115-0}, year = {1007}, date = {2021-10-07}, journal = {IIC - International Review of Intellectual Property and Competition Law }, volume = {52}, number = {9}, pages = {1190-1216}, abstract = {This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.}, keywords = {Artificial intelligence, Auteursrecht, frontpage}, }

Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows external link

Irion, K.
Big Data and Global Trade Law, Cambridge University Press, 2021

Abstract

Human rights do remain valid currency in how we approach planetary-scale computation and accompanying data flows. Today’s system of human rights protection, however, is highly dependent on domestic legal institutions, which unravel faster than the reconstruction of fitting transnational governance institutions. The chapter takes a critical look at the construction of the data flow metaphor as a policy concept inside international trade law. Subsequently, it explores how the respect for human rights ties in with national constitutionalism that becomes increasingly challenged by the transnational dynamic of digital era transactions. Lastly, the chapter turns to international trade law and why its ambitions to govern cross-border data flows will likely not advance efforts to generate respect for human rights. In conclusion, the chapter advocates for a rebalancing act that recognizes human rights inside international trade law.

Artificial intelligence, EU law, frontpage, Human rights, Transparency, WTO law

Bibtex

Chapter{Irion2021bb, title = {Panta Rhei: A European Perspective on Ensuring a High Level of Protection of Human Rights in a World in Which Everything Flows}, author = {Irion, K.}, url = {https://www.cambridge.org/core/books/big-data-and-global-trade-law/panta-rhei/B0E5D7851240E0D2F4562B3C6DFF3011}, doi = {https://doi.org/https://doi.org/10.1017/9781108919234.015}, year = {2021}, date = {2021-07-05}, abstract = {Human rights do remain valid currency in how we approach planetary-scale computation and accompanying data flows. Today’s system of human rights protection, however, is highly dependent on domestic legal institutions, which unravel faster than the reconstruction of fitting transnational governance institutions. The chapter takes a critical look at the construction of the data flow metaphor as a policy concept inside international trade law. Subsequently, it explores how the respect for human rights ties in with national constitutionalism that becomes increasingly challenged by the transnational dynamic of digital era transactions. Lastly, the chapter turns to international trade law and why its ambitions to govern cross-border data flows will likely not advance efforts to generate respect for human rights. In conclusion, the chapter advocates for a rebalancing act that recognizes human rights inside international trade law.}, keywords = {Artificial intelligence, EU law, frontpage, Human rights, Transparency, WTO law}, }

Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies external link

Senftleben, M., Margoni, T., Antal, D., Bodó, B., van Gompel, S., Handke, C.W., Kretschmer, M., Poort, J., Quintais, J. & Schwemer, S.
JIPITEC, vol. 13, iss. : 1, pp: 67-86, 2022

Abstract

In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.

Artificial intelligence, Collective licensing, Content moderation, Copyright, creative industry, cultural diversity, Digital services act, interoperability, market concentration, market failure, metadata, Music Modernization Act, recommender systems, SME, Transparency, trustworthy AI

Bibtex

Article{Senftleben2021, title = {Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies}, author = {Senftleben, M. and Margoni, T. and Antal, D. and Bodó, B. and van Gompel, S. and Handke, C.W. and Kretschmer, M. and Poort, J. and Quintais, J. and Schwemer, S.}, url = {https://www.jipitec.eu/issues/jipitec-13-1-2022/5515 https://www.ivir.nl/jipitec_2022/}, year = {0412}, date = {2022-04-12}, journal = {JIPITEC}, volume = {13}, issue = {1}, pages = {67-86}, abstract = {In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.}, keywords = {Artificial intelligence, Collective licensing, Content moderation, Copyright, creative industry, cultural diversity, Digital services act, interoperability, market concentration, market failure, metadata, Music Modernization Act, recommender systems, SME, Transparency, trustworthy AI}, }

Trends And Developments In Artificial Intelligence: Challenges To Patent Law external link

Quintais, J., Gervais, D.J. & P.B. Hugenholtz
2021

Artificial intelligence, EU law, frontpage, Patent law

Bibtex

Online publication{Quintais2021KPB, title = {Trends And Developments In Artificial Intelligence: Challenges To Patent Law}, author = {Quintais, J. and Gervais, D.J. and P.B. Hugenholtz}, url = {http://patentblog.kluweriplaw.com/2021/01/27/trends-and-developments-in-artificial-intelligence-challenges-to-patent-law/}, year = {2021}, date = {2021-01-27}, keywords = {Artificial intelligence, EU law, frontpage, Patent law}, }

Toward a Critique of Algorithmic Violence external link

Bellanova, R., Irion, K., Lindskov Jacobsen, K., Ragazzi, F., Saugmann, R. & Suchman, L.
International Political Sociology, vol. 15, num: 1, pp: 121–150, 2021

Abstract

Questions about how algorithms contribute to (in)security are under discussion across international political sociology. Building upon and adding to these debates, our collective discussion foregrounds questions about algorithmic violence. We argue that it is important to examine how algorithmic systems feed (into) specific forms of violence, and how they justify violent actions or redefine what forms of violence are deemed legitimate. Bringing together different disciplinary and conceptual vantage points, this collective discussion opens a conversation about algorithmic violence focusing both on its specific instances and on the challenges that arise in conceptualizing and studying it. Overall, the discussion converges on three areas of concern—the violence undergirding the creation and feeding of data infrastructures; the translation processes at play in the use of computer/machine vision across diverse security practices; and the institutional governing of algorithmic violence, especially its organization, limitation, and legitimation.

affordences, algorithmic violence, Artificial intelligence, cloud computing, frontpage, governance, harm, interdisciplinary, machine learning

Bibtex

Article{Bellanova2021, title = {Toward a Critique of Algorithmic Violence}, author = {Bellanova, R. and Irion, K. and Lindskov Jacobsen, K. and Ragazzi, F. and Saugmann, R. and Suchman, L.}, doi = {https://doi.org/https://doi.org/10.1093/ips/olab003}, year = {0329}, date = {2021-03-29}, journal = {International Political Sociology}, volume = {15}, number = {1}, pages = {121–150}, abstract = {Questions about how algorithms contribute to (in)security are under discussion across international political sociology. Building upon and adding to these debates, our collective discussion foregrounds questions about algorithmic violence. We argue that it is important to examine how algorithmic systems feed (into) specific forms of violence, and how they justify violent actions or redefine what forms of violence are deemed legitimate. Bringing together different disciplinary and conceptual vantage points, this collective discussion opens a conversation about algorithmic violence focusing both on its specific instances and on the challenges that arise in conceptualizing and studying it. Overall, the discussion converges on three areas of concern—the violence undergirding the creation and feeding of data infrastructures; the translation processes at play in the use of computer/machine vision across diverse security practices; and the institutional governing of algorithmic violence, especially its organization, limitation, and legitimation.}, keywords = {affordences, algorithmic violence, Artificial intelligence, cloud computing, frontpage, governance, harm, interdisciplinary, machine learning}, }

AI Regulation in the European Union and Trade Law: How can accountability of AI and a high level of consumer protection prevail over a trade law discipline on source code?, study commissioned by the Vzbv, Amsterdam: Institute for Information Law, 2021 external link

Irion, K.
2021

Abstract

The Federation of German Consumer Organisations (Verbraucherzentrale Bun-desverband – vzbv) has commissioned this study from the Institute for Information Law (IViR) at the University of Amsterdam, in order to shed light on the cross-border supply of AI technology and its impact on EU consumer rights. In the current negotiations on electronic commerce at the World Trade Organisation (WTO), the EU supports the introduction – in the legal text – of a clause which prohibits the participating countries to introduce – in their national laws – measures that require access to, or transfer of, the source code of software, with some exceptions. This is a cause for concern for experts and rights advocates, as such a clause – if not carefully conditioned – can prevent future EU regulation of AI that may be harmful to consumers. This study concludes that the source code clause within trade law indeed restricts the EU’s right to regulate in the field of AI governance in several important ways.

accountability, application programming interfaces, Artificial intelligence, auditability, Electronic commerce, EU consumer protection, frontpage, GATS, source code, transpareny, WTO law

Bibtex

Other{Irion2021, title = {AI Regulation in the European Union and Trade Law: How can accountability of AI and a high level of consumer protection prevail over a trade law discipline on source code?, study commissioned by the Vzbv, Amsterdam: Institute for Information Law, 2021}, author = {Irion, K.}, url = {https://www.ivir.nl/irion_study_ai_and_trade_21-01-26-2/}, year = {0126}, date = {2021-01-26}, abstract = {The Federation of German Consumer Organisations (Verbraucherzentrale Bun-desverband – vzbv) has commissioned this study from the Institute for Information Law (IViR) at the University of Amsterdam, in order to shed light on the cross-border supply of AI technology and its impact on EU consumer rights. In the current negotiations on electronic commerce at the World Trade Organisation (WTO), the EU supports the introduction – in the legal text – of a clause which prohibits the participating countries to introduce – in their national laws – measures that require access to, or transfer of, the source code of software, with some exceptions. This is a cause for concern for experts and rights advocates, as such a clause – if not carefully conditioned – can prevent future EU regulation of AI that may be harmful to consumers. This study concludes that the source code clause within trade law indeed restricts the EU’s right to regulate in the field of AI governance in several important ways.}, keywords = {accountability, application programming interfaces, Artificial intelligence, auditability, Electronic commerce, EU consumer protection, frontpage, GATS, source code, transpareny, WTO law}, }

Trends and Developments in Artificial Intelligence: Challenges to Copyright external link

Hugenholtz, P., Quintais, J. & Gervais, D.J.
Kluwer Copyright Blog, 2020

Artificial intelligence, Auteursrecht, frontpage

Bibtex

Article{Hugenholtz2020g, title = {Trends and Developments in Artificial Intelligence: Challenges to Copyright}, author = {Hugenholtz, P. and Quintais, J. and Gervais, D.J.}, url = {http://copyrightblog.kluweriplaw.com/2020/12/16/trends-and-developments-in-artificial-intelligence-challenges-to-copyright/}, year = {1217}, date = {2020-12-17}, journal = {Kluwer Copyright Blog}, keywords = {Artificial intelligence, Auteursrecht, frontpage}, }

Panta rhei: A European Perspective on Ensuring a High-Level of Protection of Digital Human Rights in a World in Which Everything Flows external link

Irion, K.
Amsterdam Law School Research Paper No. 2020, num: 38, 2020

Artificial intelligence, data flow, EU law, Human rights, WTO law

Bibtex

Article{Irion2020d, title = {Panta rhei: A European Perspective on Ensuring a High-Level of Protection of Digital Human Rights in a World in Which Everything Flows}, author = {Irion, K.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3638864}, year = {2020}, date = {2020-11-30}, journal = {Amsterdam Law School Research Paper No. 2020}, number = {38}, keywords = {Artificial intelligence, data flow, EU law, Human rights, WTO law}, }

Trends and Developments in Artificial Intelligence: Challenges to the Intellectual Property Rights Framework: Final Report external link

Hugenholtz, P., Quintais, J., Gervais, D.J., Hartmann, C. & Allan, J.
2020

Abstract

This report examines copyright and patent protection in Europe for AI-assisted outputs in general and in three priority domains: science (in particular, meteorology), media (journalism), and pharmaceutical research. It comprises an assessment of the state of the art of uses of AI in the three focus areas, and a legal analysis of how IP laws currently apply to AI-assisted creative and innovative outputs. The report concludes that the current state of the art in AI does not require or justify immediate substantive changes in copyright and patent law in Europe. The existing concepts of copyright and patent law are sufficiently abstract and flexible to meet the current challenges from AI. In addition, related rights regimes potentially extend to ‘authorless’ AI productions in a variety of sectors, and the sui generis database right may offer protection to AI-produced databases resulting from substantial investment. However, taking into account the practical implications of AI technologies, the report identifies specific avenues for future legal reform (if justified by empirical evidence), offers recommendations for improvements in the application of existing rules (e.g. via guidelines), and highlights the need to study the role of alternative IP regimes to protect AI-assisted outputs, such as trade secret protection, unfair competition and contract law.

Artificial intelligence, frontpage, Intellectuele eigendom

Bibtex

Report{Hugenholtz2020f, title = {Trends and Developments in Artificial Intelligence: Challenges to the Intellectual Property Rights Framework: Final Report}, author = {Hugenholtz, P. and Quintais, J. and Gervais, D.J. and Hartmann, C. and Allan, J.}, url = {https://op.europa.eu/en/publication-detail/-/publication/394345a1-2ecf-11eb-b27b-01aa75ed71a1/language-en https://www.ivir.nl/publicaties/download/Trends_and_Developments_in_Artificial_Intelligence-1.pdf}, year = {1127}, date = {2020-11-27}, abstract = {This report examines copyright and patent protection in Europe for AI-assisted outputs in general and in three priority domains: science (in particular, meteorology), media (journalism), and pharmaceutical research. It comprises an assessment of the state of the art of uses of AI in the three focus areas, and a legal analysis of how IP laws currently apply to AI-assisted creative and innovative outputs. The report concludes that the current state of the art in AI does not require or justify immediate substantive changes in copyright and patent law in Europe. The existing concepts of copyright and patent law are sufficiently abstract and flexible to meet the current challenges from AI. In addition, related rights regimes potentially extend to ‘authorless’ AI productions in a variety of sectors, and the sui generis database right may offer protection to AI-produced databases resulting from substantial investment. However, taking into account the practical implications of AI technologies, the report identifies specific avenues for future legal reform (if justified by empirical evidence), offers recommendations for improvements in the application of existing rules (e.g. via guidelines), and highlights the need to study the role of alternative IP regimes to protect AI-assisted outputs, such as trade secret protection, unfair competition and contract law.}, keywords = {Artificial intelligence, frontpage, Intellectuele eigendom}, }