Auteursrecht, Intellectuele eigendom
Other{nokey,
title = {Audiovisual Archives across Borders – Dealing with Territorially Restricted Copyrights},
author = {Hugenholtz, P.},
url = {http://www.ivir.nl/publicaties/download/1652.pdf},
year = {0114},
date = {2011-01-14},
keywords = {Auteursrecht, Intellectuele eigendom},
} Data protection, data retention, GCHQ, Grondrechten, metadata, NSA, Privacy, security, Snowden, Surveillance, traffic data
Article{nokey,
title = {New Data Security Requirements and the Proceduralization of Mass Surveillance Law after the European Data Retention Case},
author = {Zuiderveen Borgesius, F. and Arnbak, A.},
url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2678860},
year = {1027},
date = {2015-10-27},
abstract = {This paper discusses the regulation of mass metadata surveillance in Europe through the lens of the landmark judgment in which the Court of Justice of the European Union struck down the Data Retention Directive. The controversial directive obliged telecom and Internet access providers in Europe to retain metadata of all their customers for intelligence and law enforcement purposes, for a period of up to two years. In the ruling, the Court declared the directive in violation of the human rights to privacy and data protection. The Court also confirmed that the mere collection of metadata interferes with the human right to privacy. In addition, the Court developed three new criteria for assessing the level of data security required from a human rights perspective: security measures should take into account the risk of unlawful access to data, and the data’s quantity and sensitivity. While organizations that campaigned against the directive have welcomed the ruling, we warn for the risk of proceduralization of mass surveillance law. The Court did not fully condemn mass surveillance that relies on metadata, but left open the possibility of mass surveillance if policymakers lay down sufficient procedural safeguards. Such proceduralization brings systematic risks for human rights. Government agencies, with ample resources, can design complicated systems of procedural oversight for mass surveillance – and claim that mass surveillance is lawful, even if it affects millions of innocent people.},
keywords = {Data protection, data retention, GCHQ, Grondrechten, metadata, NSA, Privacy, security, Snowden, Surveillance, traffic data},
} Grondrechten, Privacy
Article{nokey,
title = {Cloud services made in Europe after Snowden and Schrems},
author = {Irion, K.},
url = {http://policyreview.info/articles/news/cloud-services-made-europe-after-snowden-and-schrems/377},
year = {1027},
date = {2015-10-27},
keywords = {Grondrechten, Privacy},
} Mediarecht
Article{nokey,
title = {Kroniek van het Nederlandse mediarecht 1998-2001},
author = {Schuijt, G.},
url = {http://www.ivir.nl/publicaties/download/kroniek1998-2001.html},
year = {1007},
date = {2001-10-07},
journal = {Auteurs & Media},
number = {3},
keywords = {Mediarecht},
} Mediarecht
Article{nokey,
title = {Kroniek van het Nederlandse mediarecht 1995-1998},
author = {Schuijt, G.},
url = {http://www.ivir.nl/publicaties/download/kroniek1995-1998.html},
year = {0417},
date = {2001-04-17},
journal = {Auteurs & Media},
number = {3},
keywords = {Mediarecht},
} Mediarecht
Article{nokey,
title = {Kroniek van het Nederlandse mediarecht 2001-2006},
author = {Schuijt, G.},
url = {http://www.ivir.nl/publicaties/download/Kroniek2001_2006.pdf},
year = {0428},
date = {2006-04-28},
journal = {Auteurs & Media},
number = {3},
abstract = {Analyse van de belangrijkste ontwikkelingen in Nederland voor in de eerste plaats een Belgisch publiek.},
keywords = {Mediarecht},
} Grondrechten, Vrijheid van meningsuiting
Chapter{McGonagle2015,
title = {Positive obligations concerning freedom of expression: mere potential or real power?},
author = {McGonagle, T.},
url = {https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680706afe},
year = {1023},
date = {2015-10-23},
abstract = {This chapter examines how the European Court of Human Rights has identified and developed a range of positive State obligations to secure the right to freedom of expression. It first briefly examines the theoretical and normative bases for the positive obligations doctrine and then traces its hesitant development in the case-law of the Court. Next, it shows how the Court has slowly become more comfortable with the doctrine and more confident when applying it to cases involving freedom of expression, culminating in its <em>Dink v. Turkey</em> judgment. The driving argument of the chapter is that the positive obligations doctrine has enormous potential for strengthening the right to freedom of expression and that the Court must now tease out its implications in concrete cases in a very scrupulous way, if the doctrine’s full potential is to be realised.},
keywords = {Grondrechten, Vrijheid van meningsuiting},
} Grondrechten, Vrijheid van meningsuiting
Book{nokey,
title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights},
author = {McGonagle, T.},
url = {http://www.ivir.nl/publicaties/download/1644.pdf},
year = {1023},
date = {2015-10-23},
abstract = {This e-book provides valuable insights into the European Court of Human Rights’ case-law on freedom of expression and media and journalistic freedoms. The first edition of the e-book (2013) proved hugely successful, with 18,671 downloads in 2014 alone. The new updated edition summarises over 240 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). The e-book is also available in French.
For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.},
keywords = {Grondrechten, Vrijheid van meningsuiting},
} Mediarecht
Report{nokey,
title = {Study on the Future of European Audiovisual Regulation},
author = {van Eijk, N.},
url = {http://www.ivir.nl/publicaties/download/1643.pdf},
year = {1022},
date = {2015-10-22},
abstract = {The study on the future of European audiovsiual media regulation develops new ideas and recommendations for shaping a new European framework. A structural reform is favoured, as a response to digitization and convergence. The new framework should concentrate on general principles and be able to adapt and learn. Regulation should not be linked to types of services, but rather be developed by considering its goals, like protection of minors and consumer protection. Standards should be set allowing for effective regulation and coordination. Moreover by taking a 360-degree view on all relevant areas of regulation, it needs to become visible, where the European Law can offer leeway for to the member states’ own media policy.
The study called HERMES draws a precise image of current media consumption and value-added chains by examining several EU member states, as well as certain international states. The developments of the last years are being examined and current phenomena are explored. The centre of attention is the shift away from regular TV to non-linear media and the consumption via alternative channels as well as via new devices, which were not yet taken into account when shaping the present framework. The outcomes are analysed and put into practical guidelines for the near future.},
keywords = {Mediarecht},
} Access to Government Information, Data protection, Directive 2003/98/EC, Freedom of information, Open Data, Overheidsinformatie, Re-use of Public Sector Information
Article{nokey,
title = {Making Access to Government Data Work},
author = {van Eechoud, M.},
url = {https://journals.muni.cz/mujlt/article/view/3717},
year = {1021},
date = {2015-10-21},
journal = {Masaryk University Journal of Law and Technology},
number = {2},
abstract = {The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies.},
keywords = {Access to Government Information, Data protection, Directive 2003/98/EC, Freedom of information, Open Data, Overheidsinformatie, Re-use of Public Sector Information},
}