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Carsten Ullrich

A New Blueprint for Platform Governance | Centre for International Governance Innovation - 0 views

  • We often talk about the “online environment.” This metaphorical language makes it seem like the online space looks similar to our offline world. For example, the term “information pollution,” coined by Claire Wardle, is increasingly being used to discuss disinformation online.  
  • It is even harder to prove direct connections between online platforms and offline harms. This is partly because platforms are not transparent.
  • Finally, this analogy reminds us that both problems are dispiritingly hard to solve. Two scholars, Whitney Phillips and Ryan Milner, have suggested that our online information problems are ecosystemic, similar to the climate crisis.
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  • As Phillips argues, “we’re not going to solve the climate crisis if people just stop drinking water out of water bottles. But we need to start minimizing the amount of pollution that’s even put into the landscape. It’s a place to start; it’s not the place to end.”
  • There may not be a one-size-fits-all analogy for platforms, but “horizontalizing” can help us to understand which solutions worked in other industries, which were under-ambitious and which had unintended consequences. Comparing horizontally also reminds us that the problems of how to regulate the online world are not unique, and will prove as difficult to resolve as those of other large industries.  
  • The key to vertical thinking is to figure out how not to lock in incumbents or to tilt the playing field even more toward them. We often forget that small rivals do exist, and our regulation should think about how to include them. This means fostering a market that has room for ponies and stable horses as well as unicorns.
  • Vertical thinking has started to spread in Washington, DC. In mid January, the antitrust subcommittee in Congress held a hearing with four smaller tech firms. All of them asked for regulatory intervention. The CEO of phone accessory maker PopSockets called Amazon’s behaviour “bullying with a smile.” Amazon purportedly ignored the selling of counterfeited PopSocket products on its platform and punished PopSocket for wanting to end its relationship with Amazon. Both Republicans and Democrats seemed sympathetic to smaller firms’ travails. The question is how to adequately address vertical concerns.
  • Without Improved Governance, Big Firms Will Weaponize Regulation
  • One is the question of intellectual property. Pa
  • Big companies can marshall an army of lawyers, which even medium-sized firms could never afford to do.
  • A second aspect to consider is sliding scales of regulation.
  • A third aspect is burden of proof. One option is to flip the present default and make big companies prove that they are not engaging in harmful behaviour
  • The EU head of antitrust, Margrethe Vestager, is considering whether to turn this on its head: in cases where the European Union suspects monopolistic behaviour, major digital platforms would have to prove that users benefit from their services.
  • Companies would have to prove gains, rather than Brussels having to prove damages. This change would relieve pressure on smaller companies to show harms. It would put obligations on companies such as Google, which Vestager sees as so dominant that she has called them “de facto regulators” in their markets. 
  • A final aspect to consider is possibly mandating larger firms to open up.
Carsten Ullrich

Search engines and creative industries sign anti-piracy agreement - GOV.UK - 0 views

    • Carsten Ullrich
       
      exampe of a first step towards standardization
  • Representatives from the creative industries, leading UK search engines, and the IPO developed a Voluntary Code of Practice dedicated to the removal of links to infringing content from the first page of search results.
  • Signatories of the Voluntary Code of Practice are: Google Bing BPI Motion Picture Association
  •  
    MoU - a first step towards standardization
Carsten Ullrich

CopyCamp Conference Discusses Fallacies Of EU Copyright Reform Amid Ideas For Copy Chan... - 0 views

  • Beyond the potential negative economic aspects, several speakers at the Copycamp conference rang the alarm bells over the potential fallout of round-the-clock obligatory monitoring and filtering of user content on the net. Diego Naranjo from the European Digital Rights initiative (EDRi) reported: “I heard one of the EU member state representatives say, ‘Why do we use this (filtering system) only for copyright?’,” he said. The idea of bringing down the unauthorised publication of copyrighted material by algorithm was “a very powerful tool in the hands of government,” he warned.
  • In contrast to the dark picture presented by many activists on copyright, multi-purpose filtering machines and the end of ownership in the time of the internet of things, chances for reform are presented for various areas of rights protection.
  • EU copyright reform itself is a chance, argued Raegan MacDonalds from the Mozilla Foundation, calling it “the opportunity of a generation to bring copyright in line with the digital age, and we want to do that.” Yet the task, like in earlier copyright legislative processes, is to once more expose what she described as later dismantled myths of big rights holders, that any attempt to harmonise exceptions would kill their industry.
Carsten Ullrich

Is the Era of "Permissionless Innovation" and Avoidance of Regulation on the Internet F... - 0 views

  • avoidance of regulation that the Silicon Valley platforms
  • It hasn’t been a great couple of weeks for the “Don’t Be Evil” company.
  • The Supreme Court had upheld a lower court ruling requiring Google to delist from its global search results references to a rogue Canadian company that is the subject of an injunction in British Columbia (B.C) f
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  • intellectual property infringement.
  • The Google/Equustek case is not one of permissionless innovation, but is still an example of a large internet intermediary taking the position that it can do as it damned well pleases because, after all, it operates in multiple jurisdictions—in fact it operates in cyberspace, where, according to some, normal regulatory practices and laws shouldn’t apply or we will “stifle innovation”.
  • One innovation that Google has instituted is to tweak its geolocation system
  • The excuse of “it’s not my fault; blame the algorithm”, also won’t fly anymore. Google’s algorithms are the “secret sauce” that differentiates it from its competitors, and the dominance of Google is proof of the effectiveness of its search formulae.
    • Carsten Ullrich
       
      courts have become streetwise on the "algorithm"
  • But scooping up every bit of information and interpreting what people want (or what Google thinks they want) through an algorithm has its downsides. A German court has found that Google cannot hide behind its algorithms when it comes to producing perverse search results
  • AI is great, until it isn’t, and there is no doubt that regulators will start to look at legal issues surrounding AI.
  • Companies like Google and Facebook will not be able to duck their responsibility just because results that are potentially illegal are produced by algorithms or AI
  • One area where human judgement is very much involved is in the placing of ads, although Youtube and others are quick to blame automated programs when legitimate ads appear alongside questionable or illegal content. Platforms have no obligation to accept ads as long as they don’t engage in non-competitive trade practices
  • Google has already learned its lesson on pharmaceutical products the hard way, having been fined $500 million in 2011 for running ads on its Adwords service from unlicenced Canadian online pharmacies illegally (according to US law) selling prescriptions to US consumers.
  • Google is a deep-pocketed corporation but it seems to have got the message when it comes to pharmaceuticals. What galls me is that if Google can remove Adwords placements promoting illegal drug products, why, when I google “watch pirated movies”, do I get an Adwords listing on page 1 of search that says “Watch HD Free Full Movies Online”.
  • At the end of the day whether it is Google, Facebook, Amazon, or any other major internet intermediary, the old wheeze that respect for privacy, respect for copyright and just plain old respect for the law in general gets in the way of innovation is being increasingly shown to be a threadbare argument.
  • What is interesting is that many cyber-libertarians who oppose any attempt to impose copyright obligations and publishing liability on internet platforms are suddenly starting to get nervous about misuse of data by these same platforms when it comes to privacy.
  • This is a remarkable revelation for someone who has not only advocated that Canada adopt in NAFTA the overly-broad US safe harbour provisions found in the Communications Decency Act, a provision that has been widely abused in the US by internet intermediaries as a way of ducking any responsibility for the content they make available, but who has consistently crusaded against any strengthening of copyright laws that might impose greater obligations on internet platforms.
  • proponents of reasonable internet regulation
Carsten Ullrich

Problems with Filters in the European Commission's Platforms Proposal - Daphne Keller |... - 0 views

  • ey are shockingly expensive – YouTube’s ContentID had cost Google $60 million as of several years ago – so only incumbents can afford them. Start-ups forced to build them won’t be able to afford it, or will build lousy ones with high error rates. Filters address symptoms and leave underlying problems to fester – like, in the case of radical Islamist material, the brutal conflict in Syria, global refugee crisis, and marginalization of Muslim immigrants to the US and Europe. All these problems make filters incredibly hard to justify without some great demonstrated upside – but no one has demonstrated such a thing.
  • The DMCA moves literally billions of disputes about online speech out of courts and into the hands of private parties.
  • That allocative choice was reasonable in 1998, and it remains reasonable in 2016.
    • Carsten Ullrich
       
      I dont think so.
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  • The Internet has grown exponentially in size since the DMCA was enacted, but we should not forget that the problem of large-scale infringement was an expected development—and one that the safe harbors were specifically designed to manage.
    • Carsten Ullrich
       
      any proof for that assertion?
Carsten Ullrich

The Web Is At A Crossroads - New Standard Enables Copyright Enforcement Violating Users... - 0 views

  • “Institutional standards should not contain elements pushed in by lobbies, since they are detrimental to public interests. Of course lobbies have financial and political means to ignore or distort standards in their products, but they want more. T
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    technical standards EME
Carsten Ullrich

CJEU in UPC Telekabel Wien: A totally legal court order...to do the impossible - Kluwer... - 0 views

  • Accordingly, UPC was instructed to do everything that could possibly and reasonably be expected of it to block kino.to. Whether all reasonable measures were taken was to be reviewed only in a subsequent “enforcement process”
  • he Court identified a three-way conflict between:  a) copyright and related rights; b) the intermediary’s right to conduct a business; and c) the freedom of information of internet users. It repeated its Promusicae conclusion that where several fundamental rights are at stake, a fair balance must be struck between the requirements of all. The Court found that the injunctive order under consideration struck the right balance.
  • intermediaries must be careful not to infringe users’ freedom of information
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  • with regard to copyright protection, the Court stressed that a complete cessation of infringements might not be possible or achievable in practice
  • this does not pose a problem, given that, as previously emphasised in the Court’s case law, there is nothing whatsoever in Article 17(2) of the Charter to suggest that intellectual property is inviolable and must be absolutely protected
  • According to the Court, internet access providers must make sure that both right-holders and users are kept happy, with no real guidance as to what measures might achieve that effect.
  • “figuring out what content is legal against what content is infringing is too hard for us poor lawyers and judges!”
  • the two SABAM cases, which found filtering incompatible with fundamental rights, by confirming that specific (in the sense of “targeted at a clearly indicated website”) blocking injunctions are permissible, as long as they do not unreasonably infringe users’ rights.
  • act explicitly redirects the balancing exercise to a private enterprise and defers the assessment of its outcome to a later procedure.
  • SP has no real way of knowing what is and what is not “reasonable” in the eyes of the law.
  • . It’ll be reasonable, the Court seems to say, as long as it’s not entirely ineffective, or at least tries to not be entirely ineffective, or at least suggests that users shouldn’t do this
  • . Indeed, in a recent Dutch case, the court of appeal of The Hague overturned an injunction ordering access providers ZIGGO and XS4ALL to block the well-known torrenting site The Pirate Bay, after studies confirmed no effect at all on the number of downloads from illegal sources.
  • nsisting that a symbolic “do something” gesture must be made to establish that the intermediary is opposed to piracy, even if it cannot achieve real results.
  • UK’s Justice Arnold in EMI Records v British Sky Broadcasting
  • guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed!
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    UPC Telekabel Wien
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