BlogForever D3.3: Development of the Digital Rights Management Policy

This report presents a set of recommended practices and approaches that a future BlogForever repository can use to develop a digital rights management policy. The report outlines core legal aspects of digital rights that might need consideration in developing policies, and what the challenges are, in particular, in relation to web archives and blog archives. These issues are discussed in the context of the digital information life cycle and steps that might be taken within the workflow of the BlogForever platform to facilitate the gathering and management of digital rights information. Further, the reports on interviews with experts in the field highlight current perspectives on rights management and provide empirical support for the recommendations that have been put forward

Regulating Data as Property: A New Construct for Moving Forward

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership of digital information be achieved? How can those rights be transferred and enforced? Those calls for data ownership emphasize the impact of ownership on the automotive industry and the vast quantities of operational data which smart automobiles and self-driving vehicles will produce. We looked at how, if at all, the issue was being considered in consumer-facing statements addressing the data being collected by their vehicles. To formulate our proposal, we also considered continued advances in scientific research, quantum mechanics, and quantum computing which confirm that information in any digital or electronic medium is, and always has been, physical, tangible matter. Yet, to date, data regulation has sought to adapt legal constructs for “intangible” intellectual property or to express a series of permissions and constraints tied to specific classifications of data (such as personally identifiable information). We examined legal reforms that were recently approved by the United Nations Commission on International Trade Law to enable transactions involving electronic transferable records, as well as prior reforms adopted in the United States Uniform Commercial Code and Federal law to enable similar transactions involving digital records that were, historically, physical assets (such as promissory notes or chattel paper). Finally, we surveyed prior academic scholarship in the U.S. and Europe to determine if the physical attributes of digital data had been previously considered in the vigorous debates on how to regulate personal information or the extent, if at all, that the solutions developed for transferable records had been considered for larger classes of digital assets. Based on the preceding, we propose that regulation of digital information assets, and clear concepts of ownership, can be built on existing legal constructs that have enabled electronic commercial practices. We propose a property rules construct that clearly defines a right to own digital information arises upon creation (whether by keystroke or machine), and suggest when and how that right attaches to specific data though the exercise of technological controls. This construct will enable faster, better adaptations of new rules for the ever-evolving portfolio of data assets being created around the world. This approach will also create more predictable, scalable, and extensible mechanisms for regulating data and is consistent with, and may improve the exercise and enforcement of, rights regarding personal information. We conclude by highlighting existing technologies and their potential to support this construct and begin an inventory of the steps necessary to further proceed with this process

CHORUS Deliverable 2.2: Second report - identification of multi-disciplinary key issues for gap analysis toward EU multimedia search engines roadmap

After addressing the state-of-the-art during the first year of Chorus and establishing the existing landscape in multimedia search engines, we have identified and analyzed gaps within European research effort during our second year. In this period we focused on three directions, notably technological issues, user-centred issues and use-cases and socio- economic and legal aspects. These were assessed by two central studies: firstly, a concerted vision of functional breakdown of generic multimedia search engine, and secondly, a representative use-cases descriptions with the related discussion on requirement for technological challenges. Both studies have been carried out in cooperation and consultation with the community at large through EC concertation meetings (multimedia search engines cluster), several meetings with our Think-Tank, presentations in international conferences, and surveys addressed to EU projects coordinators as well as National initiatives coordinators. Based on the obtained feedback we identified two types of gaps, namely core technological gaps that involve research challenges, and “enablers”, which are not necessarily technical research challenges, but have impact on innovation progress. New socio-economic trends are presented as well as emerging legal challenges

Identity principles in the digital age: a closer view

Identity and its management is now an integral part of web-based services and applications. It is also a live political issue that has captured the interest of organisations, businesses and society generally. As identity management systems assume functionally equivalent roles, their significance for privacy cannot be underestimated. The Centre for Democracy and Technology has recently released a draft version of what it regards as key privacy principles for identity management in the digital age. This paper will provide an overview of the key benchmarks identified by the CDT. The focus of this paper is to explore how best the Data Protection legislation can be said to provide a framework which best maintains a proper balance between 'identity' conscious technology and an individual's expectation of privacy to personal and sensitive data. The central argument will be that increased compliance with the key principles is not only appropriate for a distributed privacy environment but will go some way towards creating a space for various stakeholders to reach consensus applicable to existing and new information communication technologies. The conclusion is that securing compliance with the legislation will prove to be the biggest governance challenge. Standard setting and norms will go some way to ease the need for centralised regulatory oversight

Filtering, Piracy Surveillance and Disobedience

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players have opted in favor of “tolerated use,” a term coined by Professor Tim Wu to denote the allowance of uses that may be otherwise infringing, but that are allowed to exist for public use and enjoyment. Thus, while the eventual specter of copyright enforcement and monitoring remains a pervasive digital reality, the market may fuel a broad degree of consumer freedom through the toleration or taxation of certain kinds of activities. This Article is meant largely to address and to evaluate these shifts by drawing attention to the unique confluence of these two important moments: the growth of tolerated uses, coupled with an increasing trend towards more passive forms of piracy surveillance in light of the balance between copyright enforcement and civil liberties. The content industries may draw upon a broad definition of disobedience in their campaigns to educate the public about copyright law, but the market’s allowance of DRM-free content suggests an altogether different definition. The divide in turn between copyright enforcement and civil liberties results in a perfect storm of uncertainty, suggesting the development of an even further division between the role of the law and the role of the marketplace in copyright enforcement and innovation, respectively

A Framework for Integrating Transportation Into Smart Cities

In recent years, economic, environmental, and political forces have quickly given rise to “Smart Cities” -- an array of strategies that can transform transportation in cities. Using a multi-method approach to research and develop a framework for smart cities, this study provides a framework that can be employed to: Understand what a smart city is and how to replicate smart city successes; The role of pilot projects, metrics, and evaluations to test, implement, and replicate strategies; and Understand the role of shared micromobility, big data, and other key issues impacting communities. This research provides recommendations for policy and professional practice as it relates to integrating transportation into smart cities

Privacy Issues of the W3C Geolocation API

The W3C's Geolocation API may rapidly standardize the transmission of location information on the Web, but, in dealing with such sensitive information, it also raises serious privacy concerns. We analyze the manner and extent to which the current W3C Geolocation API provides mechanisms to support privacy. We propose a privacy framework for the consideration of location information and use it to evaluate the W3C Geolocation API, both the specification and its use in the wild, and recommend some modifications to the API as a result of our analysis

Issues in digital preservation: towards a new research agenda

Digital Preservation has evolved into a specialized, interdisciplinary research discipline of its own, seeing significant increases in terms of research capacity, results, but also challenges. However, with this specialization and subsequent formation of a dedicated subgroup of researchers active in this field, limitations of the challenges addressed can be observed. Digital preservation research may seem to react to problems arising, fixing problems that exist now, rather than proactively researching new solutions that may be applicable only after a few years of maturing. Recognising the benefits of bringing together researchers and practitioners with various professional backgrounds related to digital preservation, a seminar was organized in Schloss Dagstuhl, at the Leibniz Center for Informatics (18-23 July 2010), with the aim of addressing the current digital preservation challenges, with a specific focus on the automation aspects in this field. The main goal of the seminar was to outline some research challenges in digital preservation, providing a number of "research questions" that could be immediately tackled, e.g. in Doctoral Thesis. The seminar intended also to highlight the need for the digital preservation community to reach out to IT research and other research communities outside the immediate digital preservation domain, in order to jointly develop solutions