Keyword: frontpage

Online Political Microtargeting: Promises and Threats for Democracy external link

Zuiderveen Borgesius, F., Möller, J., Kruikemeier, S., Fahy, R., Irion, K., Dobber, T., Bodó, B. & Vreese, C.H. de
Utrecht Law Review, vol. 14, num: 1, pp: 82-96, 2018

Abstract

Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements. Online political microtargeting is widely used in the US; Europe may not be far behind. This paper maps microtargeting’s promises and threats to democracy. For example, microtargeting promises to optimise the match between the electorate’s concerns and political campaigns, and to boost campaign engagement and political participation. But online microtargeting could also threaten democracy. For instance, a political party could, misleadingly, present itself as a different one-issue party to different individuals. And data collection for microtargeting raises privacy concerns. We sketch possibilities for policymakers if they seek to regulate online political microtargeting. We discuss which measures would be possible, while complying with the right to freedom of expression under the European Convention on Human Rights.

Democracy, elections, frontpage, microtargeting, political campaigns, Privacy, profiling

Bibtex

Article{Borgesius2018, title = {Online Political Microtargeting: Promises and Threats for Democracy}, author = {Zuiderveen Borgesius, F. and Möller, J. and Kruikemeier, S. and Fahy, R. and Irion, K. and Dobber, T. and Bodó, B. and Vreese, C.H. de}, url = {https://www.ivir.nl/publicaties/download/UtrechtLawReview.pdf}, year = {0213}, date = {2018-02-13}, journal = {Utrecht Law Review}, volume = {14}, number = {1}, pages = {82-96}, abstract = {Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements. Online political microtargeting is widely used in the US; Europe may not be far behind. This paper maps microtargeting’s promises and threats to democracy. For example, microtargeting promises to optimise the match between the electorate’s concerns and political campaigns, and to boost campaign engagement and political participation. But online microtargeting could also threaten democracy. For instance, a political party could, misleadingly, present itself as a different one-issue party to different individuals. And data collection for microtargeting raises privacy concerns. We sketch possibilities for policymakers if they seek to regulate online political microtargeting. We discuss which measures would be possible, while complying with the right to freedom of expression under the European Convention on Human Rights.}, keywords = {Democracy, elections, frontpage, microtargeting, political campaigns, Privacy, profiling}, }

EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public external link

Quintais, J. & Rendas, T.
Journal of Intellectual Property Law & Practice , vol. 2018, num: 9, pp: 711-719, 2018

Abstract

This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.

cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST

Bibtex

Article{Quintais2018b, title = {EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public}, author = {Quintais, J. and Rendas, T.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215}, year = {0202}, date = {2018-02-02}, journal = {Journal of Intellectual Property Law & Practice }, volume = {2018}, number = {9}, pages = {711-719}, abstract = {This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.}, keywords = {cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST}, }

Should taste be subject to copyright protection? Heksenkaas will tell us. external link

Coche, E.
2018

Auteursrecht, bescherming, CJEU, frontpage, heksenkaas, nederland, originaliteit

Bibtex

Online publication{Coche2018, title = {Should taste be subject to copyright protection? Heksenkaas will tell us.}, author = {Coche, E.}, url = {http://copyrightblog.kluweriplaw.com/2018/01/31/taste-subject-copyright-protection-heksenkaas-will-tell-us/}, year = {0202}, date = {2018-02-02}, keywords = {Auteursrecht, bescherming, CJEU, frontpage, heksenkaas, nederland, originaliteit}, }

Rondetafelgesprek over marktdominantie van internet en technologiebedrijven external link

van Eijk, N.
2018

frontpage, Internet, marktdominantie, rondetafelgesprek, technologiebedrijven

Bibtex

Article{vanEijk2018, title = {Rondetafelgesprek over marktdominantie van internet en technologiebedrijven}, author = {van Eijk, N.}, url = {https://www.ivir.nl/publicaties/download/Rondetafelgesprek-over-marktdominantie-van-internet-en-technologiebedrijven.pdf}, year = {0202}, date = {2018-02-02}, keywords = {frontpage, Internet, marktdominantie, rondetafelgesprek, technologiebedrijven}, }

Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques external link

Dobber, T., Trilling, D., Helberger, N. & Vreese, C.H. de
Internet Policy Review, vol. 2017, num: 4, 2018

Abstract

Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.

campaigns, frontpage, innovation, Political behavourial targeting, political microtargeting

Bibtex

Article{Dobber2018, title = {Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques}, author = {Dobber, T. and Trilling, D. and Helberger, N. and Vreese, C.H. de}, url = {https://policyreview.info/articles/analysis/two-crates-beer-and-40-pizzas-adoption-innovative-political-behavioural-targeting}, year = {0119}, date = {2018-01-19}, journal = {Internet Policy Review}, volume = {2017}, number = {4}, pages = {}, abstract = {Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.}, keywords = {campaigns, frontpage, innovation, Political behavourial targeting, political microtargeting}, }

Political micro-targeting: a Manchurian candidate or just a dark horse? external link

Bodó, B., Helberger, N. & Vreese, C.H. de
Internet Policy Review, vol. 2017, num: 4, 2018

Abstract

Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes. In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.

democratie, frontpage, Online platforms, Personal data, political microtargeting, Regulation

Bibtex

Article{Bodó2018, title = {Political micro-targeting: a Manchurian candidate or just a dark horse?}, author = {Bodó, B. and Helberger, N. and Vreese, C.H. de}, url = {https://policyreview.info/articles/analysis/political-micro-targeting-manchurian-candidate-or-just-dark-horse}, year = {0119}, date = {2018-01-19}, journal = {Internet Policy Review}, volume = {2017}, number = {4}, pages = {}, abstract = {Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes. In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.}, keywords = {democratie, frontpage, Online platforms, Personal data, political microtargeting, Regulation}, }

Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

Quintais, J.
AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Copyright, EU, exploitation, frontpage, limitations

Bibtex

Article{Quintais2018, title = {Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law}, author = {Quintais, J.}, url = {https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf}, year = {2018}, date = {2018-01-11}, journal = {AMI}, volume = {2017}, number = {6}, pages = {197-205}, abstract = {The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.}, keywords = {Copyright, EU, exploitation, frontpage, limitations}, }

Copyright, Doctrine and Evidence-Based Reform external link

van Gompel, S.
JIPITEC, vol. 2017, num: 8, pp: 304-310, 2018

Abstract

Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.

Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform

Bibtex

Article{vanGompel2018, title = {Copyright, Doctrine and Evidence-Based Reform}, author = {van Gompel, S.}, url = {https://www.ivir.nl/publicaties/download/JIPITEC_2017.pdf}, year = {0105}, date = {2018-01-05}, journal = {JIPITEC}, volume = {2017}, number = {8}, pages = {304-310}, abstract = {Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.}, keywords = {Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform}, }

Annotatie bij EHRM 15 oktober 2016 (Perinçek / Zwitserland) external link

Dommering, E.
Nederlandse Jurisprudentie, vol. 2017, num: 51, pp: 6854-6557, 2018

Abstract

Uitlatingen van een Turkse politicus over de Armeense genocide (waarvan hij het bestaan ontkende) ten onrechte in Zwitserland veroordeeld.

Annotaties, Art. 10 EVRM, frontpage, Vrijheid van meningsuiting

Bibtex

Article{Dommering2018, title = {Annotatie bij EHRM 15 oktober 2016 (Perinçek / Zwitserland)}, author = {Dommering, E.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_NJ_2017_451.pdf}, year = {0105}, date = {2018-01-05}, journal = {Nederlandse Jurisprudentie}, volume = {2017}, number = {51}, pages = {6854-6557}, abstract = {Uitlatingen van een Turkse politicus over de Armeense genocide (waarvan hij het bestaan ontkende) ten onrechte in Zwitserland veroordeeld.}, keywords = {Annotaties, Art. 10 EVRM, frontpage, Vrijheid van meningsuiting}, }