Regulating Gatekeeper AI and Data: Transparency, Access, and Fairness under the DMA, the GDPR, and beyond

Artificial intelligence is not only increasingly used in business and administration contexts, but a race for its regulation is also underway, with the EU spearheading the efforts. Contrary to existing literature, this article suggests, however, that the most far-reaching and effective EU rules for AI applications in the digital economy will not be contained in the proposed AI Act - but have just been enacted in the Digital Markets Act. We analyze the impact of the DMA and related EU acts on AI models and their underlying data across four key areas: disclosure requirements; the regulation of AI training data; access rules; and the regime for fair rankings. The paper demonstrates that fairness, in the sense of the DMA, goes beyond traditionally protected categories of non-discrimination law on which scholarship at the intersection of AI and law has so far largely focused on. Rather, we draw on competition law and the FRAND criteria known from intellectual property law to interpret and refine the DMA provisions on fair rankings. Moreover, we show how, based on CJEU jurisprudence, a coherent interpretation of the concept of non-discrimination in both traditional non-discrimination and competition law may be found. The final part sketches specific proposals for a comprehensive framework of transparency, access, and fairness under the DMA and beyond.Comment: under peer-revie

Glorified Fantasies and Masterpieces of Deception on Importing L as V egas into the ‘New S outh A frica’

With the end of apartheid, J ohannesburg and other S outh A frican cities are now part of a new global race to become ‘world‐class’ tourist and business centers. At the center of this development is the importation of V egas‐style spectacle by local entrepreneurs, firms and other city boosters who create fantasyscapes such as the E mperor's P alace and G rand W est. Financed and run by S outh A frican impresarios — whose luxurious empires transcend the continent — these resorts represent not only the globalization of gaming but the way in which S outh A frican cities see themselves within the worldwide urban hierarchy. As such, this article seeks to untangle the global and local aspects of importing fantasy into the ‘new S outh A frica’.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/106859/1/ijur12006.pd

Slack in the Data Age

This Article examines how increasingly ubiquitous data and information affect the role of “slack” in the law. Slack is the informal latitude to break the law without sanction. Pockets of slack exist for various reasons, including information imperfections, enforcement resource constraints, deliberate nonenforcement of problematic laws, politics, biases, and luck. Slack is important in allowing flexibility and forbearance in the legal system, but it also risks enabling selective and uneven enforcement. Increasingly available data is now upending slack, causing it to contract and exacerbating the risks of unfair enforcement. This Article delineates the various contexts in which slack arises and presents a bounded defense of slack, despite its risks and notwithstanding the parallel existence of formal leniency provisions in the law. It explains how increasingly available data is reshaping slack and highlights the risk of disparate contraction of slack for different populations along lines of race, political power, and sophistication. Ultimately, this Article proposes a framework for managing the complex relationship between slack and data and suggests policy solutions to address data-driven contraction of slack while minimizing slack’s risks. These policy solutions include limits on data collection, construction of data silos, and fundamental rethinking of legal rules and the role of government

Slack in the Data Age

This Article examines how increasingly ubiquitous data and information affect the role of “slack” in the law. Slack is the informal latitude to break the law without sanction. Pockets of slack exist for various reasons, including information imperfections, enforcement resource constraints, deliberate nonenforcement of problematic laws, politics, biases, and luck. Slack is important in allowing flexibility and forbearance in the legal system, but it also risks enabling selective and uneven enforcement. Increasingly available data is now upending slack, causing it to contract and exacerbating the risks of unfair enforcement. This Article delineates the various contexts in which slack arises and presents a bounded defense of slack, despite its risks and notwithstanding the parallel existence of formal leniency provisions in the law. It explains how increasingly available data is reshaping slack and highlights the risk of disparate contraction of slack for different populations along lines of race, political power, and sophistication. Ultimately, this Article proposes a framework for managing the complex relationship between slack and data and suggests policy solutions to address data-driven contraction of slack while minimizing slack’s risks. These policy solutions include limits on data collection, construction of data silos, and fundamental rethinking of legal rules and the role of government

Technology And Child Sex Trafficking: A Comparative Study Of The United States, Venezuela, And The Philippines

The global sex trafficking industry – with profits over $150 billion annually – will eventually become the number one crime in the world. It exists on a global, planetary scale and primarily affects the most marginalized populations of society. The numbers are staggering, and the statistics provide only a glimpse into the reality of the epidemic that is sex trafficking. Because sex trafficking touches the most vulnerable populations, it largely preys on children in every country and in every city. Modern day slavery far surpasses any of the past slavery in both number and scale, while most of the public remains seemingly unaware of its presence. However, as the paradigm of child sex trafficking gradually shifts towards greater uses of technology, it seems possible to leverage what appears as an enabler to also become an inhibitor. My thesis seeks to define technology’s role in both the perpetuation and the prevention of child sex trafficking globally. It aims to shed light on progress made in the developed world, specifically the United States, and apply that to countries in the developing world, specifically Venezuela and the Philippines. The thesis will compare the roles of technology in these places in order to identify any possible anti-trafficking solutions. It looks at the various degrees to which technology fuels trafficking in each of the three countries and seeks to pinpoint the places where it can serve to deteriorate the supply and demand industry of child sex trafficking

Digital Marketing and the Culture Industry: The Ethics of Big Data

Instead of the steady march of the one percent growth in ecommerce as compared to total retail revenues in the last decade (to comprise about nine percent of the industry at the close of 2019), we have witnessed leaps now to over twenty percent in just the last year. Scott Galloway marks the pandemic as an accelerant not just of digital marketing posting a year of growth for each month of quarantine but as an accelerant of each major GAFA (Google, Amazon, Facebook, and Apple) firm from market dominance to total dominance (Galloway 2020). Viewing these trends from the standpoint of critical marketing requires revisiting first-generation critical theorist reflections on the American dominance of the global culture industry. Insofar as GAFA digital marketing practices highlight their transition from mere neutral platforms to shapers, creators, and drivers of cultural content, we need to complement marketing’s praiseworthy achievements in statistical modeling (like SEM) with a sufficiently critical and theoretical contextualization. In this sense, while my investigation of big data will certainly countenance and explore its statistical (as algorithmic) innovations, what I capitalize as Big Data connotes the manners in which these large reserves of behavioral exhaust shape culture—domestic and global, home and workplace, private and public. The focus on ethics in each of these three articles follows not just moral norms, social practices, and associated virtues (or vices), but also the important ethical domains of compliance, basic rights, and juridical precedent. In the first article, I focus most exclusively on the manners in which GAFA algorithmic personalization tends to employ the alluring promise of individual tailoring of service convenience at the social costs of echo chambers, filter bubbles, and endemic political polarization. In the second article, I seek to devise a data theory of value as the wider context for my proposal to advance a new marketing mix. My tentative argument is that the classical subject as constructed by these platform domains has now juxtaposed the consumer and firm relationship. The true value creators of the workforce of the digital marketplace are its users as prosumers: an odd mixture of consumer, producer, and product. While the production era took nature as the collateral damage to its claims upon mining limited raw materials, the onset of a consumption driven economy harvests psychic and behavioral data as its new unlimited raw material with its own trails of collateral damage that constitute the birth of surveillance capitalism (Zuboff 2019). In the third article, I turn to systemic racism in American sport with the focus on the performative rituals sanctioned, censored, and sold by the NFL as its foremost culture industry. In this last article, I also seek to develop a revamped epistemology for critical marketing that places a new primacy on the voices and experiences of those most systemically marginalized as the best lens from which to advance theories and practices that can disclose forms of latent domination often hidden behind otherwise an uncritical acceptance of the NFL culture industry as fundamentally apolitical leisurely entertainment

Information and community for mothers on the Internet: An analysis of the principal Spanish baby websites

The four baby websites with most users in Spain (www.mibebeyyo.com, www.bebesymas.com, www.parabebes.com and www.elbebe.com) are at the centre of the present study. The sites have been analysed from the perspective of the social web, or Web 2.0, focusing on their structure and content throughout one year (from October 2010 to October 2011), as well as on their presence on Facebook and Twitter. Also, user preferences and the levels of user activity and participation were studied. The purpose was to determine how the potential of Web 2.0 is materialised in the very concrete segment of the population that is the target of the websites, mothers and mothers-to-be.---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------El análisis de las cuatro webs de bebés con mayor audiencia en España (www.mibebeyyo.com, www.bebesymas.com, www.parabebes.com y www.elbebe.com) centra la presente investigación. Se han estudiado, desde la perspectiva de la web social o web 2.0, su estructura y su contenido a lo largo de un año (de octubre de 2010 a octubre de 2011), así como su presencia en dos de las principales redes sociales: Facebook y Twitter. Se han comprobado cuáles son las preferencias, los consumos y el grado de participación y de actividad de sus usuarias. Con ello, se ha pretendido conocer de qué modo se materializan las posibilidades de la web 2.0 en un sector muy concreto de la población, el de las madres o futuras madres, público objetivo de las páginas estudiadas

Recent Changes in Drug Abuse Scenario: The Novel Psychoactive Substances (NPS) Phenomenon

copyright 2019 by the authors. Articles in this book are Open Access and distributed under the Creative Commons Attribution (CC BY) license, which allows users to download, copy and build upon published articles, as long as the author and publisher are properly credited, which ensures maximum dissemination and a wider impact of our publications. The book as a whole is distributed by MDPI under the terms and conditions of the Creative Commons license CC BY-NC-ND.Final Published versio

Digital platform innovation in European SMEs

The study explores how European SMEs applying to the SME Instrument (SMEi) funding scheme under Horizon 2020 innovate use the digital platform business model. The study demonstrates a widespread awareness of the digital platform concept as a tool to be applied to gain momentum and growth, taking advantage of the digital affordances. The main challenges to scale-up include how to manage external communities and orchestrate them in order to build innovation ecosystems; how to find a profitable business model; and secure funding for growth. Firms located in peripheral regions face additional difficulties in finding complementary resources.JRC.B.6-Digital Econom

ON THE IMPLICATIONS OF NEW POLICIES, MARQUEE SELLERS, AND GREEN NUDGES IN ONLINE SECONDARY MARKETS FOR DURABLE IT PRODUCTS: EVIDENCE FROM EMPIRICAL STUDIES

The rapid pace of product development in the IT sector has led to a volume surge of product returns, giving rise to critical environmental threats that can potentially have significantly adverse ecological effects. One possible avenue to mitigate these negative effects pertains to the establishment of robust secondary markets for these products, so that their useful life can be enhanced. My dissertation seeks to study multiple aspects aimed at enhancing the efficiency of online secondary markets for durable IT products, using economic and behavioral theories. The first essay examines the extent to which firm policies in the primary market mitigate inefficiencies caused by adverse selection in the secondary market for IT products. I find that policies implemented by firms in the primary market with respect to their products can have beneficial effects in addressing adverse selection in the secondary markets. The second essay studies how adding a marquee seller to a B2B secondary market platform for IT products affects other sellers, in terms of the prices they obtain for comparable products. I show that the entry of a marquee seller has a positive effect on the prices obtained by other sellers on the platform. I further show that this positive effect on final prices is moderated by bidders multi-homing activity, and their level of involvement in the marquee seller’s site. Finally, through behavioral experiments performed on Amazon MTurk, my third essay examines the extent to which the use of behavioral interventions, in the form of green nudges, can enhance the propensity of used IT products being purchased in the secondary market, thereby increasing the lifetime of these products. I find that the efficacy of using green nudges to impact consumer behavior depends on the kind of motivation (i.e., internal versus external motivation) the nudge is delivering. I further find that the effectiveness of green nudges can vary based upon product price and perceived quality, and consumer demographics and latent personalities. Collectively, the findings from these studies in my dissertation provide valuable theoretical as well as practical insights about the effectiveness of different mechanisms for enhancing the efficiency of online secondary markets for durable IT products