Governance of Digitalization in Europe A contribution to the Exploration Shaping Digital Policy - Towards a Fair Digital Society? BertelsmannStiftung Study

Digital policy is a unique policy area. As a cross-cutting policy issue, it has an impact not only on individual areas of regulation but on almost all other policy areas as well. Aspects of digital policy such as data regimes, cybersecurity and standardization issues are relevant not only to the the future of the internet or 5G mobile communications infrastructure, but to other areas of our lives to which they are closely linked, which range from automated driving to digital assistance systems in education and healthcare to the digitalization of sectors such as agriculture and construction. Nevertheless, regulation efforts have thus far been primarily sector-specific and national in their scope. With a few exceptions, such as the EU’s controversial General Data Protection Regulation, there are few digital policy frameworks in place for Europe that defines and integrates basic principles for broad application. Instead, we face a situation in which a variety of approaches stand side by side, at times complementing each other but also – all too often – competing with each other in ways that foster inconsistencies. The development of Europe’s 5G infrastructure is illustrative of this state of affairs. Despite the presence of what were originally uniform objectives across Europe, 28 nationally distinct tendering procedures with different requirements have since emerged. As a result, we must now find ways to manage the problems associated with having three or more networks per country, high costs, a difficult debate over security and the threat of dependency on non-EU providers

Understanding Internet Shutdowns: A Case Study from Pakistan

This article provides an overview of Internet shutdowns in Pakistan, which have become an increasingly common phenomenon, with 41 occurring between 2012 and 2017. It argues that to understand how shutdowns became normalized in Pakistan, it is necessary to look at the specific dynamics of how the shutdowns take place. In doing so, the concept of communicative ruptures develops to better understand intentional government shutdowns of communications. The article argues that strategic prevention of mobilization is key for short-term shutdowns, whereas long-term shutdowns can be better explained by looking at disciplinary mechanisms and denying the existence of "others". The article then discusses Internet shutdowns in the wider context of authoritarian practices before concluding with the urgent need for further research on this topic, both in Pakistan and beyond

Liable, but Not in Control? Ensuring Meaningful Human Agency in Automated Decision-Making Systems

Automated decision making is becoming the norm across large parts of society, which raises interesting liability challenges when human control over technical systems becomes increasingly limited. This article defines "quasi-automation" as inclusion of humans as a basic rubber-stamping mechanism in an otherwise completely automated decision-making system. Three cases of quasi- automation are examined, where human agency in decision making is currently debatable: self- driving cars, border searches based on passenger name records, and content moderation on social media. While there are specific regulatory mechanisms for purely automated decision making, these regulatory mechanisms do not apply if human beings are (rubber-stamping) automated decisions. More broadly, most regulatory mechanisms follow a pattern of binary liability in attempting to regulate human or machine agency, rather than looking to regulate both. This results in regulatory gray areas where the regulatory mechanisms do not apply, harming human rights by preventing meaningful liability for socio-technical decision making. The article concludes by proposing criteria to ensure meaningful agency when humans are included in automated decision-making systems, and relates this to the ongoing debate on enabling human rights in Internet infrastructure

Finding a Formula for Brazil: Representation and Legitimacy in Internet Governance

In the summer of 2013, Edward Snowden’s extraordinary leaks about U.S. National Security Agency (NSA) surveillance destabilized the foundations of international Internet governance. Speaking at the UN General Assembly on September 24, 2013, Brazilian President Dilma Rousseff denounced NSA spying in the strongest terms, and, together with ICANN, started planning conference in Sao Paulo in April 2014 to reinvent Internet governance. This article analyses these events and tries to make sense of what they might mean for the future of global Internet governance. It begins by looking at how the Brazil-ICANN initiative alters the political alignment of actors in the world. Second, it places these developments into a longer historical context, showing how it echoes recurring attempts to develop legitimacy and principles for Internet governance. Third, it applies critical political analysis to the process of organizing and managing the summit itself, with a particular focus on legitimacy and representation. After exploring these arrangements, the paper makes prognoses about impacts and outcomes of the meeting in Brazil. The working paper is not just meant for the usual Internet policy crowd. It will attempt to use language that can be understood by communities not immersed in these issues. Academics who study related issues but not Internet governance, as well as NGOs, business-people and government officials confused by the often-obscure debates around Internet governance will hopefully find this article a starting point for future engagement

ICT and the Democratization Process in North Africa: Tool of Freedom or Instrument of Oppression?

The events of the Arab Spring sent a wave of revolutions, followed by the start of an early democratization process, through many countries of the Middle East and North Africa. What stood out was the extensive use of ICT, which played a crucial role during the uprisings. Tunisia, the place where it all began, is no exception to this as ICT played a key role during the uprisings of the “jasmine revolution”, whose outcome has led to the early and fragile stages of a democratization process. This thesis investigates the impact the use of ICT has had on the democratization process in Tunisia during the Arab Spring and onwards. It uses Larry Diamond’s book “Developing Democracy: Towards Consolidation” (1999) and what he outlines as the ten components of a liberal democracy as the main theoretical framework that guides the analysis. The empirical material will be analyzed within a case study design. This thesis concludes that ICT has had both positive and negative impacts on Tunisia’s democratization process. However, the positive impacts seem to largely outweigh the negative ones thus far and it could be speculated that ICT will continue being a tool that is mostly conducive towards democracy

Cooperation, Contest, and Co-optation : Freedom of Expression and Positive Obligations in EU Social Media Content Regulation

The thesis analyzes how the EU regulates freedom of expression on social media and how the regulation transfers power. It interrogates EU’s positive fundamental right obligation to put in place a legislative and administrative framework to prevent and redress different online harms. By taking up a critical method that analyzes the contradiction between efficiency and democracy, the thesis focuses on the changes that are happening to positive obligations as part of the fundamental rights structure. The thesis links the structural changes to the advancement of neoliberal governmentality that favors managerial techniques such as cost-benefit analysis and privatization in government. After laying out the foundations, the thesis is divided into two parts. The first part departs from the observation that the EU has pressure to shift positive obligations regarding the protection of people’s freedom of expression and related rights to social media companies. It develops the general analytical framework of cooperation and contest which is informed by power struggles. In cooperation, the interests of the EU and the companies in rights protection are considered aligned. In contest, the focus is on situations where the interests diverge and where the EU and the companies deploy their respective strategies to assert their power unilaterally. The second part contextualizes the framework of cooperation and contest in three case studies. The case studies analyze three different initiatives to regulate social media introduced by the EU between 2016 and 2019. The initiatives are EU Code of conduct on hate speech, the revised Directive on audiovisual media services, and the Regulation on preventing the dissemination of terrorist content online. The case studies locate cooperation and contest in regulation through the analysis of relevant policy documents and other preparatory materials of the legislative processes. The thesis concludes that the emerging regulatory framework for rights protection exhibits hybridity that results from the interconnectedness of public and private power. While the framework can provide more effectiveness for the EU in protecting rights and public interest on social media, by deploying managerial techniques it also tends to sideline the considerations for people’s democratic self-determination, and reinforce the power of the executive and large social media companies. It is argued that new ways to enhance the horizontality of rights are needed for people to assert their rights against emerging hybrid power

Waking up to sleepiness: Modafinil, the media and the pharmaceuticalisation of everyday/night life

This paper examines the social construction of the new wakefulness-promoting drug Modafinil (brand name Provigil) in the British press. Key themes in this newspaper coverage include the potential 'uses' and 'abuses' of this drug in relation to: (i) medical conditions; (ii) lifestyle choices; (iii) military operations; and (iv) sporting competition. The British press, we show, play a dual role in reporting on these trends and developments: on the one hand constructing this as something of a 'wonder drug' in relation to the treatment of a number of medical complaints or conditions, on the other hand articulating and amplifying a range of cultural concerns and anxieties about the non-medical 'uses' and 'abuses' of this drug, both now and in the future. These issues, it is argued, are best interpreted in terms of media concerns over the pharmaceuticalisation rather than the medicalisation of everyday/night life. The paper concludes with some further thoughts and reflections on these issues, including the potential reworking of notions of 'pharmaceutical Calvinism' and the 'elective affinity' between this 'smart' new drug and the spirit of (bio)capitalism

Keystones to foster inclusive knowledge societies: access to information and knowledge, freedom of expression, privacy, and ethics on a global internet

The transnational and multi-dimensional nature of Cyberspace and its growing importance presents new frontiers with unparalleled opportunities and challenges for access to information and knowledge, freedom of expression, privacy and ethics. The Internet Study being undertaken by UNESCO is seeking to provide the necessary clarity to support holistic approaches to addressing this broad range of interrelated issues as well as their short and long-term effects. The study was built on a year-long multistakeholder consultation process, which involved several rounds of consultation with member states and other actors, as well as almost 200 major responses to an online questionnaire. The Study includes the Options for future actions of UNESCO in the Internet related issues, which has served as a basis for the Outcome Document as adopted by the CONNECTing the Dots Conference on 3 and 4 March 2015. The Study also affirmed that the same rights that people have offline must be protected online, and good practices are shared between Member States and other stakeholders, in order to address security and privacy concerns on the Internet and in accordance with international human rights obligations. The Study also supports the Internet Universality principles (R.O.A.M) that promote a human rights-based approach, including freedom of expression, privacy, open Internet, accessible to all and characterized by multistakeholder participation

Responding to Disinformation: Ten Recommendations for Regulatory Action and Forbearance

This chapter elaborates on challenges and emerging best practices for state regulation of electoral disinformation throughout the electoral cycle. It is based on research for three studies during 2018–2020: into election cybersecurity for the Commonwealth; on the use of artificial intelligence (AI) to regulate disinformation for the European Parliament; and for UNESCO, the United Nations body responsible for education. The research covers more than half the world’s nations, and substantially more than half that population, and in 2019 the two largest democratic elections in history: India’s general election and the European Parliamentary elections. Regulating digital dominance in electoral disinformation presents specific challenges in three very distinctive fields: election law, media law, and mass communications regulation, and targeted online advertising, including data protection law. Implementing best practices against electoral disinformation will require action by EMBs, data protection agencies, communications and media regulators, parliamentary authorities, and ministries of justice and equivalent Neither effective implementation, nor a disinterested assessment of best practice, can be guaranteed. Electoral laws are—like much history—written by the winners, often immediately after their victory. Legal frameworks need to be updated as a response to disinformation challenges discovered during electoral processes, as well as encompassing international best practice. Our ten recommendations for policymakers take account of these imperatives and uncertainties

Online Censorship in the Middle East and North Africa

Today, the Internet is used by more than a quarter of the world's population, yet access is quite uneven globally. The thesis aims to explore the issue of online censorship in Egypt and Tunisia, focusing on the role of authoritarian regimes in shaping Internet freedom in these countries. The thesis argues that while the Internet has the potential to be a tool for democracy and freedom of expression, it can also be used by authoritarian regimes to exert control over their populations. The thesis uses a research design that is exploratory, descriptive, and analytical, with qualitative research methods such as interviews, to provide a more nuanced understanding of Internet censorship and gender differences in Internet usage. The research aims to contribute to a better understanding of the potential for online activism and free expression in the context of authoritarianism, and the thesis addresses the main research question: How has the Internet become a tool for control in authoritarian regimes? Overall, the thesis intends to provide insights into the complex landscape of Internet rights and censorship in Egypt and Tunisia and to inform policy and practice aimed at promoting Internet freedom and gender equality in the region.Today, the Internet is used by more than a quarter of the world's population, yet access is quite uneven globally. The thesis aims to explore the issue of online censorship in Egypt and Tunisia, focusing on the role of authoritarian regimes in shaping Internet freedom in these countries. The thesis argues that while the Internet has the potential to be a tool for democracy and freedom of expression, it can also be used by authoritarian regimes to exert control over their populations. The thesis uses a research design that is exploratory, descriptive, and analytical, with qualitative research methods such as interviews, to provide a more nuanced understanding of Internet censorship and gender differences in Internet usage. The research aims to contribute to a better understanding of the potential for online activism and free expression in the context of authoritarianism, and the thesis addresses the main research question: How has the Internet become a tool for control in authoritarian regimes? Overall, the thesis intends to provide insights into the complex landscape of Internet rights and censorship in Egypt and Tunisia and to inform policy and practice aimed at promoting Internet freedom and gender equality in the region