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

After the Gold Rush: The Boom of the Internet of Things, and the Busts of Data-Security and Privacy

This Article addresses the impact that the lack of oversight of the Internet of Things has on digital privacy. While the Internet of Things is but one vehicle for technological innovation, it has created a broad glimpse into domestic life, thus triggering several privacy issues that the law is attempting to keep pace with. What the Internet of Things can reveal is beyond the control of the individual, as it collects information about every practical aspect of an individual’s life, and provides essentially unfettered access into the mind of its users. This Article proposes that the federal government and the state governments bend toward consumer protection while creating a cogent and predictable body of law surrounding the Internet of Things. Through privacy-by-design or self-help, it is imperative that the Internet of Things—and any of its unforeseen progeny—develop with an eye toward safeguarding individual privacy while allowing technological development

Control responsibility : the discursive construction of privacy, teens, and Facebook in Flemish newspapers

This study explores the discursive construction of online privacy through a critical discourse analysis of Flemish newspapers' coverage of privacy, teens, and Facebook between 2007 and 2018 to determine what representation of (young) users the papers articulate. A privacy-as-control discourse is dominant and complemented by two other discourses: that of the unconcerned and reckless teenager and that of the promise of media literacy. Combined, these discourses form an authoritative language on privacy that we call "control responsibility." Control responsibility presents privacy as an individual responsibility that can be controlled and needs to be learned by young users. We argue that the discourses contribute to a neoliberal rationality and have a disciplinary effect that strengthens various forms of responsibilization

The Internet of Hackable Things

The Internet of Things makes possible to connect each everyday object to the Internet, making computing pervasive like never before. From a security and privacy perspective, this tsunami of connectivity represents a disaster, which makes each object remotely hackable. We claim that, in order to tackle this issue, we need to address a new challenge in security: education

Personal data breach notification system in the European Union: Interpretation of “without undue delay”

This is the post-print version of the Article - Copyright @ 2011 Kluwer Law InternationalThe fast-moving technologies continually challenge present rules on data-privacy protection. The expansion of computing functions, speed of processing and storage capabilities makes personal information difficult to be controlled. In the EU, the revised EC e-Privacy Directive amended by the Directive 2009/136/EC modifies existing provisions and makes new provisions to enhance privacy protection in the electronic communications sector, which includes the further development of the system of notification of the personal data breach to minimise adverse effects. This paper aims to examine and evaluate the personal data breach notification system, interpret the requirement of "without undue delay" duty and discuss the impact of the revised Directive to business organisations. It finally proposes solutions to improve the notification system to increase the efficiency of privacy protection

Pervasively Distributed Copyright Enforcement

In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood as a new, hybrid species of disciplinary regime that locates the justification for its pervasive reach in a permanent state of crisis. This hybrid regime derives its force neither primarily from centralized authority nor primarily from decentralized, internalized norms, but instead from a set of coordinated processes for authorizing flows of information. Although the success of this project is not yet assured, its odds of success are by no means remote as skeptics have suggested. Power to implement crisis management in the decentralized marketplace for digital content arises from a confluence of private and public interests and is amplified by the dynamics of technical standards processes. The emergent regime of pervasively distributed copyright enforcement has profound implications for the production of the networked information society

Cyberspace As/And Space

The appropriate role of place- and space-based metaphors for the Internet and its constituent nodes and networks is hotly contested. This essay seeks to provoke critical reflection on the implications of place- and space-based theories of cyberspace for the ongoing production of networked space more generally. It argues, first, that adherents of the cyberspace metaphor have been insufficiently sensitive to the ways in which theories of cyberspace as space themselves function as acts of social construction. Specifically, the leading theories all have deployed the metaphoric construct of cyberspace to situate cyberspace, explicitly or implicitly, as separate space. This denies all of the ways in which cyberspace operates as both extension and evolution of everyday spatial practice. Next, it argues that critics of the cyberspace metaphor have confused two senses of space and two senses of metaphor. The cyberspace metaphor does not refer to abstract, Cartesian space, but instead expresses an experienced spatiality mediated by embodied human cognition. Cyberspace in this sense is relative, mutable, and constituted via the interactions among practice, conceptualization, and representation. The insights drawn from this exercise suggest a very different way of understanding both the spatiality of cyberspace and its architectural and regulatory challenges. In particular, they suggest closer attention to three ongoing shifts: the emergence of a new sense of social space, which the author calls networked space; the interpenetration of embodied, formerly bounded space by networked space; and the ways in which these developments alter, instantiate, and disrupt geographies of power