Showing papers in "Computer Law & Security Review in 2020"

TL;DR: The digitization and ‘platformization’ of societies involve several intense struggles between competing ideological systems and their contesting actors, prompting important questions: Who should be responsible for anchoring public values in platform societies that are driven by algorithms and fueled by data?

TL;DR: The effects that disinformation initiatives have on freedom of expression, media pluralism and the exercise of democracy are examined, from the wider lens of tackling illegal content online and concerns to request proactive (automated) measures of online intermediaries.

TL;DR: It is concluded that government regulation is a significant aspect in decision making for the adoption of any new technology such as cloud computing.

TL;DR: This paper analyzes the contradiction of blockchain technology and the requirements of GDPR and highlights that the conflicts can be handled through focusing on commonalities ofGDPR and the blockchain, developing new approaches and interpretations, and tailoring the blockchain technology according to the needs of data protection law.

TL;DR: A survey of the Dutch adult population shows that most respondents assume that AI-driven ADM systems are fairer than human decision-makers, and a normative assessment of the findings and suggestions for the future debate and research is concluded.

TL;DR: The role of data privacy impact assessments that highlight the need to go beyond the data privacy paradigm, and require data controllers to consider and address the social impact of their products are examined.

TL;DR: This article describes chilling effects as a result of state and peer surveillance, specifically, and devise four concise propositions to guide future research on the connection between corporate profiling and chilling effects.

TL;DR: This article illustrates and explores some of the perspectives, proposals, inventories and other materials that comprise the efforts to define principles and frameworks for advanced technologies and systems, including governance and the making of ethics-based judgments.

TL;DR: This article examines how the notion of vulnerability is conceptualised and used in the philosophy, human rights and European law, and identifies two problematic dichotomies that emerge from the theoretical and practical application of this concept in data protection.

TL;DR: It is concluded that one of the contexts in which human beings should reach decisions is where the decision involves representing and evaluating the capabilities of an individual and the legislature should respond accordingly by identifying contexts inWhich it is mandatory to employ human decision-makers and by enacting the relevant legislation.

TL;DR: A normative framework is suggested which enhances the need for a new kind of knowledge-service creation in the form of local public-interest technology and proposes a negotiated contractual system that seeks to balance platform values with public values in an attempt to address the digital enforcement problem driven by the functional sovereignty role of platforms.

TL;DR: The liberal paradigm of protection of the right to free speech is no longer enough to protect democratic values in the digital environment, since the flow of information is actively organised by business interests, driven by profit-maximisation rather than democracy, transparency or accountability.

TL;DR: Analysis of taxpayers’ rights to have access to artificial intelligence algorithms and formulas that have been used by tax administrations in Latin America reflects that, although in the countries under study the access to these techniques is not clearly regulated, general principles derived from the fundamental rights declared by each country make it possible to safeguard taxpayers” right to access this information.

TL;DR: This article presents a series of operational strategies for transparent communication in line with legal-ethical requirements that can be implemented by data controllers/researchers to maximize the clarity, navigability, and noticeability of the information provided and empower data subjects/research subjects to appreciate and determine the permissible use of their data.

TL;DR: The dynamic relationship of industrial development, policy engagement and regulation construction in China's E-commerce market would provide a valuable indication for administering other sectors of platform economy not only in China but also across other jurisdictions that openly embrace commercial innovations in the context of information technological transformation.

TL;DR: Although blockchain technology may revolutionise the rules of evidence, it contains inherent risks and its application in electronic evidence may also indicate the fusion between decentralised technology and the traditional, centralised juridical mechanisms.

TL;DR: Consumers are faced with an insurmountable lack of transparency which is inherent in, as well as the inevitable consequence of, the magnitude of the information asymmetries present on the data-driven market.

TL;DR: It is argued that the principle of transparency, developed as a “user-centric” concept, can support the adoption of solutions that embed behavioural insights to support the rationale of the information provision better.

TL;DR: It is reasonable to apply cutting-edge technologies to the legal field until they are truly matured, and combine the top-level design with local pilot projects, and for the purposes, machines should play an auxiliary role rather than replace judges altogether.

TL;DR: It is argued that a bolder approach is needed; one that engages in a pluralist analysis of economic and noneconomic concerns about concentrations of power and control over data, to address the specific challenges of mergers and acquisitions in the third party tracking industry.

TL;DR: It is argued that despite the value-creation benefits produced by the digital platforms under analysis, public authorities should be aware of the risks of technocratic discourses and potential conflicts between platform and local values and suggest a normative framework which enhances the need for a new kind of knowledge-service creation in the form of local public-interest technology.

TL;DR: An analysis of the legislative framework concerning Child Sexual Abuse Material (CSAM) in all country members of INHOPE, European and outside Europe is attempted, revealing similarities as well as differences in what is considered illegal, the ways CSAM is tackled, and the penalty limits prescribed in various countries.

TL;DR: The paper looks at the question of what an explanation is from the point of view of the philosophy of science, arguing that explanation is an illocutionary act, and that it should be considered as a process, not a text.

TL;DR: The article addresses some key policy challenges inherent in the proposals for reform currently under consideration, and focuses in particular on the difficulties associated with fitting the concept of “value creation” within the pre-existing framework based on “source” and “residence.

TL;DR: The question as to whether this new legal mechanism brings the EU and the USA closer to finding common ground with regard to a coherent model of exchange and protection of personal data is answered.

TL;DR: A comparative analysis of the VAT/GST enforcement in the UK, Germany, Australia and the EU VAT e-commerce package can be found in this article, where the main benefits and limits of such new provisions are identified.

TL;DR: How this value can be enforced in order to benefit children below the age of 12 years that are exposed to risk profiling by Dutch law enforcement and youth care authorities is investigated.

TL;DR: A description of context and practical changes in the institutions, places and tools of speech moderation before and after the internet is provided to highlight the inconvenience of certain assumptions lawmakers, lawyers and judges make on how communication works in a networked society.

TL;DR: It is argued that for proportionality to be useful in managing colliding rights on digital platforms, its role, scope and limits need to be better framed and supplemented by an overall digital environment which can feed into the proportionality test in an appropriate way.