Regulating Code discusses regulating the internet through code and technology. It analyzes 5 case studies on data protection, copyright, filtering, social networks, and network neutrality. The book argues for an interoperability framework that enhances competition and protects fundamental rights like privacy and free expression. It suggests mandating interoperability and choice through open standards to address issues like dominant social platforms locking users into proprietary systems. Overall, the document advocates for a balanced approach to internet governance that considers both economic and human rights concerns.
Network neutrality has been at the center of intense political discussions about Internet regulation. Net neutrality is the principle that all content on the Internet should be equally available to users without discrimination by service providers. Establishing legal protections for net neutrality is a necessary component to providing equitable access to online educational materials and services.
Network neutrality has been at the center of intense political discussions about Internet regulation. Net neutrality is the principle that all content on the Internet should be equally available to users without discrimination by service providers. Establishing legal protections for net neutrality is a necessary component to providing equitable access to online educational materials and services.
Ethical, Social, and Political Issues in E-commerceNor Ayuzi Deraman
Internet, like other technologies, can:
Enable new crimes
Affect environment
Threaten social values
Costs and benefits must be carefully considered, especially when there are no clear-cut legal or cultural guidelines
Dr. Alan Borning (University of Washington Computer Science professor emeritus), presents and leads a discussion on the true costs of "free" services such as Facebook, Twitter, Google, etc.
Cyber Libertarianism - Real Internet Freedom (Thierer & Szoka)Adam Thierer
Adam Thierer & Berin Szoka of The Progress & Freedom Foundation are attempting to articulate the core principles of cyber-libertarianism to provide the public and policymakers with a better understanding of this alternative vision for ordering the affairs of cyberspace. We invite comments and suggestions regarding how we should refine and build-out this outline. We hope this outline serves as the foundation of a book we eventually want to pen defending what we regard as “Real Internet Freedom.”
Oxford Internet Institute 19 Sept 2019: Disinformation – Platform, publisher ...Chris Marsden
With the move to a more digital, mobile, and platform-dominated media environment people increasingly find and access news and information via platforms like search engines and social media. These have empowered citizens in many ways and are important drivers of attention to established publishers but have also enabled the distribution of disinformation from a range of different actors. In a context where citizens are often increasingly sceptical of both platforms, publishers, and public authorities, what do we know about the scale and scope of disinformation problems and what can different actors do to counter the problems we face?
https://www.scl.org/articles/10662-interoperability-an-answer-to-regulating-ai-and-social-media-platforms
Ethical, Social, and Political Issues in E-commerceNor Ayuzi Deraman
Internet, like other technologies, can:
Enable new crimes
Affect environment
Threaten social values
Costs and benefits must be carefully considered, especially when there are no clear-cut legal or cultural guidelines
Dr. Alan Borning (University of Washington Computer Science professor emeritus), presents and leads a discussion on the true costs of "free" services such as Facebook, Twitter, Google, etc.
Cyber Libertarianism - Real Internet Freedom (Thierer & Szoka)Adam Thierer
Adam Thierer & Berin Szoka of The Progress & Freedom Foundation are attempting to articulate the core principles of cyber-libertarianism to provide the public and policymakers with a better understanding of this alternative vision for ordering the affairs of cyberspace. We invite comments and suggestions regarding how we should refine and build-out this outline. We hope this outline serves as the foundation of a book we eventually want to pen defending what we regard as “Real Internet Freedom.”
Oxford Internet Institute 19 Sept 2019: Disinformation – Platform, publisher ...Chris Marsden
With the move to a more digital, mobile, and platform-dominated media environment people increasingly find and access news and information via platforms like search engines and social media. These have empowered citizens in many ways and are important drivers of attention to established publishers but have also enabled the distribution of disinformation from a range of different actors. In a context where citizens are often increasingly sceptical of both platforms, publishers, and public authorities, what do we know about the scale and scope of disinformation problems and what can different actors do to counter the problems we face?
https://www.scl.org/articles/10662-interoperability-an-answer-to-regulating-ai-and-social-media-platforms
https://digitalguardian.com/blog/social-engineering-attacks-common-techniques-how-prevent-attack
Statement of Michelle Richardson, Director, Privacy & Data
Center for Democracy & Technology
before the
United States Senate Committee on the Judiciary
GDPR & CCPA: Opt-ins, Consumer Control, and the Impact on Competition and Innovation
March 12, 2019
On behalf of the Center for Democracy & Technology (CDT), thank you for the
opportunity to testify about the importance of crafting a federal consumer privacy law that
provides meaningful protections for Americans and clarity for entities of all sizes and sectors.
CDT is a nonpartisan, nonprofit 501(c)(3) charitable organization dedicated to advancing the
rights of the individual in the digital world. CDT is committed to protecting privacy as a
fundamental human and civil right and as a necessity for securing other rights such as access to
justice, equal protection, and freedom of expression. CDT has offices in Washington, D.C., and
Brussels, and has a diverse funding portfolio from foundation grants, corporate donations, and
individual donations.1
The United States should be leading the way in protecting digital civil rights. This hearing
is an opportunity to learn how Congress can improve upon the privacy frameworks offered in
the European Union via the General Data Protection Regulation (GDPR) and the California
Consumer Privacy Act (CCPA) to craft a comprehensive privacy law that works for the U.S. Our
digital future should be one in which technology supports human rights and human dignity. This
future cannot be realized if people are forced to choose between protecting their personal
information and using the technologies and services that enhance our lives. This future depends
on clear and meaningful rules governing data processing; rules that do not simply provide
1 All donations over $1,000 are disclosed in our annual report and are available online at:
https://cdt.org/financials/.
2
people with notices and check boxes but actually protect them from privacy and security
abuses and data-driven discrimination; protections that cannot be signed away.
Congress should resist the narratives that innovative technologies and strong privacy
protections are fundamentally at odds, and that a privacy law would necessarily cement the
market dominance of a few large companies. Clear and focused privacy rules can help
companies of all sizes gain certainty with respect to appropriate and inappropriate uses of data.
Clear rules will also empower engineers and product managers to design for privacy on the
front end, rather than having to wait for a public privacy scandal to force the rollback of a
product or data practice.
We understand that drafting comprehensive privacy legislation is a complex endeavor.
Over the past year we have worked with partners in civil societ.
Not fudging nudges: What Internet law can teach regulatory scholarshipChris Marsden
Paris GIGARTS Prosumer Law: Behavioural or ‘nudge’ regulation has become the flavour of the decade since Thaler and Sunstein’s eponymous monograph. The use of behavioural psychology insights to observe changes in regulated outcomes from the ‘bounded rational’ choices of consumers has been commonplace in Internet regulation since 1998, driven by co-regulatory interactions between governments, companies and users (or ‘prosumers’ as the European Commission terms us). Nudging was so familiar to Internet regulatory scholars in the late 1990s that it came to be termed the leading example of the ‘new Chicago School’ by Lessig (1998), recognising imperfect information, bounded rationality and thus less than optimal user responses to competition remedies, driven by insights from the Internet’s architecture and Microsoft’s dominance of computer platform architecture. Thus recent ‘nudge’ concerns by regulatory scholars and competition lawyers echo 1990s concerns by Internet regulation specialists. It is a mark of Internet regulation’s specialisation in Europe, and mainstream regulation and competition law’s failure to fully absorb the insights of that scholarship, that in 2016 the debate surrounding nudges and privacy affecting competition outcomes has yet to reinvent the 1990s wheel of nudge limitations. Learning their Internet regulatory history can help competition and regulation scholars not repeat the lessons of the 1990s Microsoft case. The competition and regulatory aspect of attempts to direct user and market behaviour are a key empirical perspective for regulatory scholars. The Internet is a network and a real-time laboratory for the distribution and manipulation of information, which is why it is unsurprising that the adaption of that information to affect user behaviour has been a commonplace online throughout the history of the Internet.
Ethics for the Digital AgeBy Gry Hasselbalch on 2016-02-05AN.docxSANSKAR20
Ethics for the Digital Age
By Gry Hasselbalch on 2016-02-05
ANALYSIS: This January the European Data Protection Supervisor presented his new “Ethics Advisory Group”. A group of experts that will help him “reconsider the ethical dimension of the relationships between human rights, technology, markets and business models and their implications for the rights to privacy and data protection in the digital environment.” He is not the first European decision maker or thought leader to bring forward ethics as a guiding principle in the digital age. Over the last year digital ethics, and in particular data ethics, have become the “talk of the town” in Europe. Based on the realisation that laws have not followed pace with the development of digital technologies, technologists, academics, policymakers and businesses are today revisiting cultural values and moral systems when groping for a new ethical framework for the digital age.
Ethics of Technology
Technological developments have in history always at some point during their implementation into society forced us to revisit laws, but in particular also ethical value systems and limits. Time and again we are faced with the fact that technology is in fact not neutral, but contain in their very design ethical implications. The photograph was in its early stage of implementation in the late 19thand early 20th century, discussed as both art and reality. This discussion entered the court rooms and the legal rights over a photograph were determined. It was however not only legal rights that were defined, but a delineation of the very ethical implications of a technology (the camera, the photograph) that could reproduce the appearance of an individual with such accuracy. It was an examination of the particularly human consequences (distress and humiliation) of the capacities of this new technology. Defining a right and wrong and attempting to morally manage its implications for individuals.
What we experience these years is a pace of technological developments as never seen before. Not only did the World Wide Web and the capacities of digital technologies develop over just a few decades, but the digital evolution expanded into practically every area of life and society over an even shorter period of time. It only took a few years after Tim Berners Lee invented an open source information space interlinked by hyperlinks in 1989 before the first online businesses emerged and ordinary people started using internet services in the mid 1990s.
Evidently laws have not followed pace with the countless ethical implications of today’s rapid technological development. Now we are questioning the ethics of automatic systems designed to collect data on us en masse, algorithms designed to predict and profile us, technologies used to surveil us and manipulate us and not the least business models profiting from the most private details on individuals. The only way we can do this is by revisiting our values and morals, t ...
“Permissionless Innovation” & the Grand Tech Policy Clash of Visions to ComeMercatus Center
Successful innovation, which is essential to better health, safety and security, requires freedom to experiment and develop. But there is an array of government rules and processes that increasingly prohibit “permissionless” innovation.
(300-400 words)1- Watch anyone of the following documentarymovi.docxmayank272369
(300-400 words)
1- Watch anyone of the following documentary/movie:
· The Corporation (2005)
· Food Inc. (2009)
· An Inconvenient Truth (2006)
Share your understanding around
Who
THE PEOPLE INVOLVED
What
THE PROBLEMS, THINGS, IDEAS
When
PAST, PRESENT, FUTURE OF THE TOPIC
Where
THE PLACE INVOLVED
Why
THE CAUSES, REASONS, RESULTS, CONDITIONS.
How
HISTORY OR FUNCTION (HOW IT BEGAN OR OPERATES).
………………………………………………………………………………………………………………………………………….
2-
(a) Find a news article about an economic topic that you find interesting.
(b) Make a short bullet-list summary of the article.
(c) Write and illustrate with appropriate graphs an economic analysis of the key points in the article.
Hint: Use 5Ws and 1H in your explanation.
1. Who was involved?
1. What happened?
1. When did it happen?
1. Where did it happen?
1. Why did it happen?
1. How did it happen?
Smartphones Have Privacy Risks.docx
Smartphones Have Privacy Risks
Smartphones, 2013
Top of Form
Bottom of Form
Around the turn of the century, the FBI [Federal Bureau of Investigation] was pursuing a case against a suspect—rumored to be Las Vegas strip-club tycoon Michael Galardi, though documents in the case are still sealed—when it hit upon a novel surveillance strategy.
The suspect owned a luxury car equipped with an OnStar-like system that allowed customers to "phone home" to the manufacturer for roadside assistance. The system included an eavesdropping mode designed to help the police recover the vehicle if it was stolen, but the FBI realized this same antitheft capability could also be used to spy on the vehicle's owner.
When the bureau asked the manufacturer for help, however, the firm (whose identity is still secret) objected. They said switching on the device's microphone would render its other functions—such as the ability to contact emergency personnel in case of an accident—inoperable. A federal appeals court sided with the company; ruling the company could not be compelled to transform its product into a surveillance device if doing so would interfere with a product's primary functionality.
The specifics of that 2003 ruling seem quaint today [in 2012]. The smartphones most of us now carry in our pockets can easily be turned into surveillance and tracking devices without impairing their primary functions. And that's not the only privacy risk created as we shift to a mobile, cloud-based computing world. The cloud services we use to synchronize data between our devices increase the risk of our private data falling prey to snooping by the government, by private hackers, or by the cloud service provider itself. And we're packing ever more private data onto our mobile devices, which can create big headaches if we leave a cell phone in a taxicab.
What to do about it? In this [viewpoint], we'll explore the new privacy threats being created as the world shifts to an increasingly mobile, multi-device computing paradigm. Luckily, there are steps both device makers and lawmakers can take to ...
WIPO: What are Internet Intermediaries and their various types?Shane Coughlan
A talk delivered at the WIPO Asia-Pacific Regional Symposium On Copyright Related Aspects Of Information And Communication Technologies (ICT) held in Hanoi, Viet Nam between July 29 to 31, 2009.
This presentation by Geoffrey A. Manne, Founder & Executive Director of the International Center for Law and Economics was made during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
Should the European Union require the largest social networking services (like Facebook, Instagram and Twitter) to be interoperable with competitors? I explain why and how they should. Originally presented to the European Parliament’s Digital Markets Act working group of MEPs and staff in Brussels, on 24/5/23
Transatlantic data flows following the Schrems II judgmentblogzilla
Brief summary of Ian Brown and Douwe Korff’s study for the European Parliament Civil Liberties Committee, presented at a committee hearing on 9 November 2021
Lessons for interoperability remedies from UK Open Bankingblogzilla
The UK’s Open Banking programme is a world-leading experiment in requiring banks to open up customer accounts (with their explicit consent) to third-party providers. What lessons can be learnt from this case for legislation that would require dominant platforms to provide similar functionality?
Introduction to Cybersecurity for Electionsblogzilla
Slides for a 15-minute introduction to Cybersecurity for Elections: A Commonwealth Guide on Best Practice, by Ian Brown, Chris Marsden, James Lee and Michael Veale, published 5 Mar 2020
A basic cybersecurity introduction for managers, explaining how they and their organisation can guard against common types of attacks, based on the UK National Cyber Security Centre’s Cyber Essentials programme
Where next for the Regulation of Investigatory Powers Act?blogzilla
Talk at Open Tech 2015 on legal reform of UK interception and surveillance laws, including a comparison of the Intelligence and Security Committee and David Anderson reports.
My presentation at the IGov2 conference at the University of Oslo, 9 Sept 2014. Gave shorter version at Norwegian Board of Technology hearing on 10 Sept 2014. Related journal article at http://ijlit.oxfordjournals.org/content/early/2014/09/01/ijlit.eau007.abstract
Audio at http://www.jus.uio.no/ifp/english/research/projects/nrccl/internet-governance/events/dag-2-del-2-norrm-mp3.mp3
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
UiPath Test Automation using UiPath Test Suite series, part 3DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 3. In this session, we will cover desktop automation along with UI automation.
Topics covered:
UI automation Introduction,
UI automation Sample
Desktop automation flow
Pradeep Chinnala, Senior Consultant Automation Developer @WonderBotz and UiPath MVP
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Elevating Tactical DDD Patterns Through Object CalisthenicsDorra BARTAGUIZ
After immersing yourself in the blue book and its red counterpart, attending DDD-focused conferences, and applying tactical patterns, you're left with a crucial question: How do I ensure my design is effective? Tactical patterns within Domain-Driven Design (DDD) serve as guiding principles for creating clear and manageable domain models. However, achieving success with these patterns requires additional guidance. Interestingly, we've observed that a set of constraints initially designed for training purposes remarkably aligns with effective pattern implementation, offering a more ‘mechanical’ approach. Let's explore together how Object Calisthenics can elevate the design of your tactical DDD patterns, offering concrete help for those venturing into DDD for the first time!
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Neuro-symbolic is not enough, we need neuro-*semantic*Frank van Harmelen
Neuro-symbolic (NeSy) AI is on the rise. However, simply machine learning on just any symbolic structure is not sufficient to really harvest the gains of NeSy. These will only be gained when the symbolic structures have an actual semantics. I give an operational definition of semantics as “predictable inference”.
All of this illustrated with link prediction over knowledge graphs, but the argument is general.
Slack (or Teams) Automation for Bonterra Impact Management (fka Social Soluti...Jeffrey Haguewood
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on the notifications, alerts, and approval requests using Slack for Bonterra Impact Management. The solutions covered in this webinar can also be deployed for Microsoft Teams.
Interested in deploying notification automations for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
Connector Corner: Automate dynamic content and events by pushing a buttonDianaGray10
Here is something new! In our next Connector Corner webinar, we will demonstrate how you can use a single workflow to:
Create a campaign using Mailchimp with merge tags/fields
Send an interactive Slack channel message (using buttons)
Have the message received by managers and peers along with a test email for review
But there’s more:
In a second workflow supporting the same use case, you’ll see:
Your campaign sent to target colleagues for approval
If the “Approve” button is clicked, a Jira/Zendesk ticket is created for the marketing design team
But—if the “Reject” button is pushed, colleagues will be alerted via Slack message
Join us to learn more about this new, human-in-the-loop capability, brought to you by Integration Service connectors.
And...
Speakers:
Akshay Agnihotri, Product Manager
Charlie Greenberg, Host
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
To Graph or Not to Graph Knowledge Graph Architectures and LLMs
Regulating code
1. Regulating Code
Good Governance and Better Regulation in
the Information Age (MIT Press)
Ian Brown (Oxford)
Chris Marsden (Sussex)
@IanBrownOII
#RegulatingCode
2. John Perry Barlow
A Declaration of the
Independence of Cyberspace
(1996)
response to CDA 1996
(partly struck down in Reno v. ACLU 1997)
‘Governments of the
Industrial World, you weary
giants of flesh and steel, I
come from Cyberspace,
the new home of the Mind.
On behalf of the future, I
ask you of the past to
leave us alone. You are not
welcome among us. You
have no sovereignty where
we gather.’
3. Regulation and governance
Internet use now ubiquitous
◦ but governments, legislators and regulatory
agencies falling further behind rapidly
changing Internet technologies and uses
Critical analysis of regulatory shaping of
―code‖ or technological environment
◦ ‗Code is law‘ and coders operate within
normative framework
◦ More economically efficient and socially just
regulation
◦ Critical socio-technical and socio-legal
approach
4. Literature
Previous legal focus on elephant‘s
trunk?
◦ Benkler, Wu, Lessig, Zittrain, Van
Schewick
◦ General US scepticism of govt action
Ohm‘s Myth of the Super-User
More empirical view: Mueller (2010),
De Nardis (2009)
◦ Institutional economics and political
science
5. Prosumers not super-users
Web 2.0 and related tools make for
active users, not passive consumers
United States administrative and
academic arguments for self-
regulation may work for geeks, but
what about the other 99%?
European regulatory space is more
fertile ground to explore prosumerism
as both a market-based and citizen-
oriented regulatory tool
6. Empirical investigation
Five case studies and one ‗prior art‘
(encryption, anonymity, security)
◦ Multi-year empirical investigation
◦ Builds on various EC/other studies including
‗Self-regulation.info‘ (2001-4), ‗Co-regulation‘ (2006-
8), ‗Towards a Future Internet‘ (2008-10), ‗Privacy
Value Networks‘ (2008-11), ‗Network neutrality‘
(2007-10) ‗Internet science‘ (2012-15)
Reassesses prior art in view of ‗hard
cases‘
◦ Topics with no organised regulation/self-
regulation
◦ Due to lack of consensus over solutions
7. Five case study chapters
1. Data protection
◦ Enforcement failures, Privacy by Design
2. Copyright
◦ Capture of law by lobbyists, code solutions
outflank
3. Filtering
◦ Growth of censorship, surprising degree of
freedom – disappearing?
4. Social Networks
◦ Dominance, network effects, corporate social
irresponsibility
5. Smart Pipes
◦ Net neutrality argument, DPI deployment
8. Towards interoperability as
prosumer law
Solution in favour of prosumers and
competition:
◦ enhance the competitive production of
public goods
◦ including innovation, public safety, and
fundamental democratic rights
Key aspect: interoperability (incl.
FRAND)
◦ (Note: this is detailed software
interoperability, not the general
description offered by Gasser/Paltrey
2012)
9. 50 ways to leave Facebook
Not sufficient to permit data deletion
◦ as that only covers the user‘s tracks.
Interconnection and interoperability,
◦ more than transparency and
◦ theoretical possibility to switch.
Ability for prosumers to interoperate to
permit exit
◦ Lower entry barriers tend to lead to increased
consumer welfare
10. Kroes‘ promise post-Microsoft
Will ―seriously explore
all options to ensure
that significant market
players cannot just
choose to deny
interoperability.
―The Commission
should not need to
run an epic antitrust
case every time
software lacks
interoperability.‖
11. Euro-Interoperability
Framework
Response to multi-€bn competition
cases:
◦ Microsoft saga (to 2009), Intel (2009), Apple
(2010), Rambus (2009)
◦ Google (2013?) perhaps Facebook....
◦ Coates (2011: Chapters 5-6)
Announced by Information Society
Commissioner Neelie Kroes in 2009-
2010
Bias in favour of interoperability in policy
Concerns are broader than competition
◦ Include privacy, IPR, security, fundamental
12. Mandated choice
Microsoft fined
€561m for ‗browser
choice‘ ―error‖ –
expensive line of
code
Sky EPG carries
terrestrial channels
on 101-105 due to
―must carry‖ and
―due prominence‖
AVMSD
13. Do Not Track
―I think it‘s right to think about shutting
down the process and saying we just
can‘t agree. We gave it the old college
try. But sometimes you can‘t reach a
negotiated deal.‖ –DNT member
Jonathan Meyer
14. Competition
investigation both sides
of Atlantic since 2010:
◦ Settled with US
authorities 3 Jan 2013
◦ Settlement proposal to EC
1 Feb 2013
Experts have severely
criticized timing and
content of FTC
settlement
Grimmelman argued: ―If
the final FTC statement
had been any more
favourable to Google, I‘d
be checking the file
metadata to see whether
Google wrote it.‖
Google FTC and EC cases
Source: Google proposal leaked to SearchEngineLand, 25/4/13
15. Amazon and Kindle
―[N]ot only booksellers…but publishers and agents
too run the risk of being excluded due to Amazon‘s
wish to be a book retailer and publisher, and its
aggressive plans to vertically integrate‖
Amazon.co.uk ―responsible for 95% of [UK] e-book
purchases…92% of the 1.3 million e-readers sold in
the UK before Christmas were Kindles‖
―[F]rom data mining [Amazon] know[s] what its
customers buy, when they buy it, what books they
actually read on their Kindles and even which books
are not read in full‖
Tim Godfray (Chief Executive of Booksellers’
Association UK & Ireland), London Book Fair, 15/4/13
16. Regulating Kindle
―Having such a dominant position enables Amazon to
put huge pressure on individual publishers for higher
trade discounts to be given, enabling it to sell books at
much lower prices than competing booksellers.‖
―Most Kindle customers—unless they are very tech
savvy—end up buying their e-books from Amazon‘s
Kindle store‖ – Mandated choice of e-bookstore, and
interoperable stores
―EPUB3 has just been approved by the International
Publishers Association as the new standard format for
e-books. We believe that steps should be taken to
ensure that in the future all e-book retailers—including
Amazon—should support EPUB3, so that consumers
can read any e-book on any device and are not locked
in to any proprietary system.‖
17. Tor and DRM
―[W]e felt a strong sense that the reading
experience for this tech-savvy, multi-device
owning readership was being inhibited by
DRM, leaving our readers unable to
reasonably and legally transfer ebook files
between all the devices they had.‖
―DRM-protected titles are still subject to
piracy, and we believe a great majority of
readers are just as against piracy as
publishers are... As it is, we‘ve seen no
discernible increase in piracy on any of our
titles, despite them being DRM-free for nearly
a year.‖ –Julie Crisp, UK Editorial Director
18. Economics and Human
Rights
Interoperability linked to open data, open code,
and arguably to human rights
Blizzard of Internet governance principles in
2011:
◦ origins in law and economics,
◦ or human rights, but
◦ apparently do not translate one to the other
This apparent dialogue of the deaf is a
competition policy (Brown and Waelde 2005),
and corporate governance problem
Urgent task: dialogue between previous discrete expert
fields
◦ ICT growth driver and transformative technology
◦ Equally transformative role in human communication
and dialogue.
19. Developing study of code
regulation
Similarities and cross-over with
◦ complexity science
◦ network science
◦ web science/graph theory
Match Internet regulation to complexity theory
◦ Longstaff (2003), Cherry (2008),
Schneider/Bauer (2007)
Network science fusion of scientific/
fundamental elements from various
components
Internet Science? EC Network of Excellence
21. Test the existing ‗received
truths‘
1. Self-regulation and minimal state
involvement is most efficient in dynamic
innovative industries;
◦ technology is never neutral in societal impact
◦ network and scale effects drive massive
concentration
2. Self-regulation critically lacks constitutional
checks and balances for the private citizen,
including appeal
3. Multi-stakeholder co-regulation chance to
reconcile the market failures and
constitutional legitimacy failures in self-
regulation
◦ voters will not allow governments to ignore the
Internet.
22. Approach embraces
complexity
No easy examples that demonstrate the
'truth' of
◦ technical, political, legal or economic solutions
◦ based on self-, co- or state regulatory
approaches.
◦ Cf. Mansell (2012) Imagining the Internet
Examine the deficiencies and benefits
◦ Match market and social developments
◦ With human rights concerns
◦ E.g. In fields of privacy and freedom of
expression
Note: analysis based on Article 19 UDHR not 1st
Amendment
Most of world uses variants of Article 19
23. Government and market
failure
Industry capture of regulators and
legislators,
Incumbents protect/introduce new
barriers to entry
Continued exclusion of wider civil society
from the policy discussion – but
◦ tenuous chain of accountability of
participants to voters, shareholders and NGO
stakeholders.
◦ effectiveness, accountability and legitimacy
of these groups in representing the public
interest?
24. What regulation teaches about
code
Ex ante and ex post intervention
Interoperability and open code/data -
procurement
A biased policy towards open code –
◦ Data open to mash-ups (govt)
◦ Systems interoperable (procurement)
◦ Use of alternatives to market leader (e.g.
Linux)
25. Prosumer law suggests a more
directed intervention
Example:
proposed solution to the problems of
dominant social networking sites,
to prevent Facebook, Google+ or any
other network
from erecting a fence around its piece
of the information commons:
to ensure interoperability with open
standards.