Keyword: Technologie en recht

Netherlands external link

Appelman, N. & Fahy, R.
0901

Abstract

Contact tracing apps for smartphones, thermal scanners, face recognition technology: high hopes have been placed by both local administrations and national governments in applications and devices like these, aimed at containing the outbreak of the virus. The new publication Automated Decision-Making Systems in the COVID-19 Pandemic: A European Perspective gathers detailed examples of ADM systems in use, compiled by a network of researchers covering 16 countries. It provides an initial mapping and exploration of ADM systems implemented throughout Europe as a consequence of the COVID-19 outbreak.

covid-19, frontpage, mobile health apps, Technologie en recht

Bibtex

Chapter{Appelman2020b, title = {Netherlands}, author = {Appelman, N. and Fahy, R.}, url = {https://algorithmwatch.org/wp-content/uploads/2020/08/ADM-systems-in-the-Covid-19-pandemic-Report-by-AW-BSt-Sept-2020.pdf}, year = {0901}, date = {2020-09-01}, abstract = {Contact tracing apps for smartphones, thermal scanners, face recognition technology: high hopes have been placed by both local administrations and national governments in applications and devices like these, aimed at containing the outbreak of the virus. The new publication Automated Decision-Making Systems in the COVID-19 Pandemic: A European Perspective gathers detailed examples of ADM systems in use, compiled by a network of researchers covering 16 countries. It provides an initial mapping and exploration of ADM systems implemented throughout Europe as a consequence of the COVID-19 outbreak.}, keywords = {covid-19, frontpage, mobile health apps, Technologie en recht}, }

Techno-optimism and solutionism as a crisis response external link

Appelman, N., Toh, J., Fahy, R. & van Hoboken, J.
0827

Abstract

The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through case studies from around the world, this book analyses the ways in which technologies of monitoring infections, information, and behaviour have been applied and justified during the emergency, what their side-effects have been, and what kinds of resistance they have met.

frontpage, Technologie en recht

Bibtex

Chapter{Appelman2020, title = {Techno-optimism and solutionism as a crisis response}, author = {Appelman, N. and Toh, J. and Fahy, R. and van Hoboken, J.}, url = {https://pure.uva.nl/admin/files/49662485/Data_Justice_and_COVID_19.pdf}, year = {0827}, date = {2020-08-27}, abstract = {The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through case studies from around the world, this book analyses the ways in which technologies of monitoring infections, information, and behaviour have been applied and justified during the emergency, what their side-effects have been, and what kinds of resistance they have met.}, keywords = {frontpage, Technologie en recht}, }

The regulation of crypto-assets in the EU – investment and payment tokens under the radar external link

Ferrari, V.
Maastricht Journal of European and Comparative Law, 2020

Abstract

Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.

Crypto-assets, cryptocurrencies, enforcement, EU law, financial regulation, fintech, frontpage, Technologie en recht

Bibtex

Article{Ferrari2020, title = {The regulation of crypto-assets in the EU – investment and payment tokens under the radar}, author = {Ferrari, V.}, url = {https://journals.sagepub.com/doi/10.1177/1023263X20911538}, doi = {https://doi.org/https://doi.org/10.1177/1023263X20911538}, year = {0521}, date = {2020-05-21}, journal = {Maastricht Journal of European and Comparative Law}, abstract = {Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.}, keywords = {Crypto-assets, cryptocurrencies, enforcement, EU law, financial regulation, fintech, frontpage, Technologie en recht}, }

Algorithmic systems: the consent is in the detail? external link

Giannopoulou, A.
Internet Policy Review, vol. 9, num: 1, 2020

Abstract

Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled in order to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?

algorithms, consent, frontpage, Technologie en recht

Bibtex

Article{Giannopoulou2020, title = {Algorithmic systems: the consent is in the detail?}, author = {Giannopoulou, A.}, url = {https://policyreview.info/node/1452/pdf}, doi = {https://doi.org/10.14763/2020.1.1452}, year = {0324}, date = {2020-03-24}, journal = {Internet Policy Review}, volume = {9}, number = {1}, pages = {}, abstract = {Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled in order to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?}, keywords = {algorithms, consent, frontpage, Technologie en recht}, }

Openingssalvo in nieuwe Nederlandse Crypto Wars? external link

van Daalen, O.
Mediaforum, vol. 2019, num: 6, pp: 205, 2020

encryptie, frontpage, Technologie en recht

Bibtex

Article{vanDaalen2020, title = {Openingssalvo in nieuwe Nederlandse Crypto Wars?}, author = {van Daalen, O.}, url = {https://www.ivir.nl/publicaties/download/Mediaforum_2019_6.pdf}, year = {0107}, date = {2020-01-07}, journal = {Mediaforum}, volume = {2019}, number = {6}, pages = {205}, keywords = {encryptie, frontpage, Technologie en recht}, }

Platform ad archives: promises and pitfalls external link

Leerssen, P., Ausloos, J., Zarouali, B., Helberger, N. & Vreese, C.H. de
Internet Policy Review, vol. 8, num: 4, 2019

Abstract

This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.

Advertising, frontpage, Micro-targeting, Platforms, Politics, Technologie en recht, Transparency

Bibtex

Article{Leerssen2019b, title = {Platform ad archives: promises and pitfalls}, author = {Leerssen, P. and Ausloos, J. and Zarouali, B. and Helberger, N. and Vreese, C.H. de}, url = {https://policyreview.info/articles/analysis/platform-ad-archives-promises-and-pitfalls}, doi = {https://doi.org/10.14763/2019.4.1421}, year = {1010}, date = {2019-10-10}, journal = {Internet Policy Review}, volume = {8}, number = {4}, pages = {}, abstract = {This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.}, keywords = {Advertising, frontpage, Micro-targeting, Platforms, Politics, Technologie en recht, Transparency}, }

Designing for the Better by Taking Users into Account: A Qualitative Evaluation of User Control Mechanisms in (News) Recommender Systems external link

Harambam, J., Bountouridis, D., Makhortykh, M. & van Hoboken, J.
RecSys'19: Proceedings of the 13th ACM Conference on Recommender Systems, pp: 69-77, 2019

Abstract

Recommender systems (RS) are on the rise in many domains. While they offer great promises, they also raise concerns: lack of transparency, reduction of diversity, little to no user control. In this paper, we align with the normative turn in computer science which scrutinizes the ethical and societal implications of RS. We focus and elaborate on the concept of user control because that mitigates multiple problems at once. Taking the news industry as our domain, we conducted four focus groups, or moderated think-aloud sessions, with Dutch news readers (N=21) to systematically study how people evaluate different control mechanisms (at the input, process, and output phase) in a News Recommender Prototype (NRP). While these mechanisms are sometimes met with distrust about the actual control they offer, we found that an intelligible user profile (including reading history and flexible preferences settings), coupled with possibilities to influence the recommendation algorithms is highly valued, especially when these control mechanisms can be operated in relation to achieving personal goals. By bringing (future) users' perspectives to the fore, this paper contributes to a richer understanding of why and how to design for user control in recommender systems.

diversity, filter bubble, frontpage, Mediarecht, recommender systems, Technologie en recht, Transparency

Bibtex

Article{Harambam2019b, title = {Designing for the Better by Taking Users into Account: A Qualitative Evaluation of User Control Mechanisms in (News) Recommender Systems}, author = {Harambam, J. and Bountouridis, D. and Makhortykh, M. and van Hoboken, J.}, url = {https://www.ivir.nl/publicaties/download/paper_recsys_19.pdf https://dl.acm.org/citation.cfm?id=3347014}, year = {0919}, date = {2019-09-19}, journal = {RecSys'19: Proceedings of the 13th ACM Conference on Recommender Systems}, abstract = {Recommender systems (RS) are on the rise in many domains. While they offer great promises, they also raise concerns: lack of transparency, reduction of diversity, little to no user control. In this paper, we align with the normative turn in computer science which scrutinizes the ethical and societal implications of RS. We focus and elaborate on the concept of user control because that mitigates multiple problems at once. Taking the news industry as our domain, we conducted four focus groups, or moderated think-aloud sessions, with Dutch news readers (N=21) to systematically study how people evaluate different control mechanisms (at the input, process, and output phase) in a News Recommender Prototype (NRP). While these mechanisms are sometimes met with distrust about the actual control they offer, we found that an intelligible user profile (including reading history and flexible preferences settings), coupled with possibilities to influence the recommendation algorithms is highly valued, especially when these control mechanisms can be operated in relation to achieving personal goals. By bringing (future) users\' perspectives to the fore, this paper contributes to a richer understanding of why and how to design for user control in recommender systems.}, keywords = {diversity, filter bubble, frontpage, Mediarecht, recommender systems, Technologie en recht, Transparency}, }

Digitale Platforms: een analytisch kader voor het identificeren en evalueren van beleidsopties external link

Til, H. van, Nooren, P., Stokking, H., Gelevert, H., van Eijk, N. & Fahy, R.
2016

Abstract

Nederlandse samenvatting van rapport "Digital platforms: an analytical framework for identifying and evaluating policy options".

Technologie en recht

Bibtex

Report{Til2016b, title = {Digitale Platforms: een analytisch kader voor het identificeren en evalueren van beleidsopties}, author = {Til, H. van and Nooren, P. and Stokking, H. and Gelevert, H. and van Eijk, N. and Fahy, R.}, url = {https://www.ivir.nl/publicaties/download/digitale-platforms_tno-1.pdf}, year = {0107}, date = {2016-01-07}, abstract = {Nederlandse samenvatting van rapport "Digital platforms: an analytical framework for identifying and evaluating policy options".}, keywords = {Technologie en recht}, }

Europe’s Internet Policies: The Challenge of Maintaining an Open Internet external link

Möller, C. & McGonagle, T.
0823, pp: 153-183, ISBN: 9781783208869

beleid, Europe, Internet, Mediarecht, Technologie en recht

Bibtex

Chapter{Möller2018c, title = {Europe’s Internet Policies: The Challenge of Maintaining an Open Internet}, author = {Möller, C. and McGonagle, T.}, year = {0823}, date = {2018-08-23}, keywords = {beleid, Europe, Internet, Mediarecht, Technologie en recht}, }

Should We Regulate Digital Platforms? A New Framework for Evaluating Policy Options external link

Nooren, P., Gorp, N. van, van Eijk, N. & Fahy, R.
Policy & Internet, vol. 2018, pp: 264-301, 2018

Abstract

The economic and societal impact of digital platforms raises a number of questions for policymakers, including whether existing regulatory approaches and instruments are sufficient to promote and safeguard public interests. This article develops a practical framework that provides structure and guidance to policymakers who design policies for the digital economy. The framework differs from other approaches in taking the digital business models of platforms as the starting point for the analysis. The framework consists of three pillars, namely determining a platform's characteristics, relating these to public interests, and formulating policy options. The framework then invokes a return‐path analysis for assessing how the interventions affect the business model, whether it has the desired effect on public interests, and ensuring it has no undesired side‐effects on public interests. The framework puts forward two key messages for current discussions on digital platforms. First, one should look at the underlying characteristics of platforms rather than trying to understand digital platforms as a single category. Second, policymakers should explore existing rules and policy options, as they seem fit to deal with several characteristics of digital platforms in a time frame that matches the rapid development of platform technologies and business models.

business model analysis, competition policy, consumer protection, digital platforms, frontpage, platform regulation, public interests, Technologie en recht

Bibtex

Article{Nooren2018, title = {Should We Regulate Digital Platforms? A New Framework for Evaluating Policy Options}, author = {Nooren, P. and Gorp, N. van and van Eijk, N. and Fahy, R.}, url = {https://www.ivir.nl/publicaties/download/Policy_and_Internet_2018.pdf}, doi = {https://doi.org/https://doi.org/10.1002/poi3.177}, year = {0911}, date = {2018-09-11}, journal = {Policy & Internet}, volume = {2018}, pages = {264-301}, abstract = {The economic and societal impact of digital platforms raises a number of questions for policymakers, including whether existing regulatory approaches and instruments are sufficient to promote and safeguard public interests. This article develops a practical framework that provides structure and guidance to policymakers who design policies for the digital economy. The framework differs from other approaches in taking the digital business models of platforms as the starting point for the analysis. The framework consists of three pillars, namely determining a platform\'s characteristics, relating these to public interests, and formulating policy options. The framework then invokes a return‐path analysis for assessing how the interventions affect the business model, whether it has the desired effect on public interests, and ensuring it has no undesired side‐effects on public interests. The framework puts forward two key messages for current discussions on digital platforms. First, one should look at the underlying characteristics of platforms rather than trying to understand digital platforms as a single category. Second, policymakers should explore existing rules and policy options, as they seem fit to deal with several characteristics of digital platforms in a time frame that matches the rapid development of platform technologies and business models.}, keywords = {business model analysis, competition policy, consumer protection, digital platforms, frontpage, platform regulation, public interests, Technologie en recht}, }