Fitting the Digital Markets Act in the existing legal framework: the myth of the “without prejudice” clause

The Digital Markets Act (DMA), an EU Regulation establishing obligations for gatekeeper platforms in order to protect fairness and contestability in digital markets, will soon start to apply. In addition to the DMA, other (EU and national) instruments regulate platform conduct. Though the DMA explicitly provides that it will apply without prejudice to those other instruments, it is doubted whether it will merely complement them. In certain cases, the DMA may qualify as lex specialis, thereby prevailing over other regulations. In other cases, based on the principle of supremacy, the DMA may override national instruments that pursue legitimate interests other than fairness and contestability. There may also be occasions where the DMA may render certain tools devoid of purpose when this was not the intention of the legislator. In all the above cases, the DMA would not complement (but could possibly endanger) the effectiveness of the existing regime. Given the avalanche of legislative proposals for platforms, addressing potential conflicts between the DMA and other rules is essential to protect legal certainty and to ensure that the regulatory regime that governs harmful platform conduct reaches its full potential

The regulation of cloud computing: why the European Union failed to get it right

Cloud computing brings important benefits and it is expected to play a key role in facilitating the uptake of emerging technologies and applications, including artificial intelligence, blockchain, and high-performance computing. Despite its potential to deliver cost and time-efficient services, the majority of businesses in the EU have still not implemented cloud computing. This illustrates the need for a more widespread adoption of the technology. Yet, recent regulatory initiatives may obstruct the uptake of cloud services. This is arguably because such initiatives do not reflect a proper understanding of the market, which our paper intends to provide. To that end, the paper examines what cloud computing is and how it works. It subsequently discusses the EU’s attempts to regulate cloud computing, including the Digital Markets Act, the Digital Services Act, and the Data Act proposal. Our analysis demonstrates that the logic of these instruments and the obligations they establish do not fit the characteristics and workings of cloud computing. The paper concludes by noting that future regulation must mirror the specificities of the cloud, which has a value chain and traits that differ significantly from other digital services, most notably online platforms

Effect of Neutrino Heating on Primordial Nucleosynthesis

We have modified the standard code for primordial nucleosynthesis to include the effect of the slight heating of neutrinos by $e^\pm$ annihilations. There is a small, systematic change in the $^4$He yield, $\Delta Y \simeq +1.5\times 10^{-4}$, which is insensitive to the value of the baryon-to-photon ratio $\eta$ for 10^{-10}\la \eta \la 10^{-9}. We also find that the baryon-to-photon ratio decreases by about 0.5\% less than the canonical factor of 4/11 because some of the entropy in $e^\pm$ pairs is transferred to neutrinos. These results are in accord with recent analytical estimates.Comment: 14 pages/4 Figs (upon request

Constraining gamma-ray pulsar gap models with a simulated pulsar population

With the large sample of young gamma-ray pulsars discovered by the Fermi Large Area Telescope (LAT), population synthesis has become a powerful tool for comparing their collective properties with model predictions. We synthesised a pulsar population based on a radio emission model and four gamma-ray gap models (Polar Cap, Slot Gap, Outer Gap, and One Pole Caustic) normalizing to the number of detected radio pulsars in select group of surveys. The luminosity and the wide beams from the outer gaps can easily account for the number of Fermi detections in 2 years of observations. The wide slot-gap beams requires an increase by a factor of ~10 of the predicted luminosity to produce a reasonable number of gamma-ray pulsars. Such large increases in the luminosity may be accommodated by implementing offset polar caps. The narrow polar-cap beams contribute at most only a handful of LAT pulsars. Standard distributions in birth location and pulsar spin-down power (Edot) fail to reproduce the LAT findings: all models under-predict the number of LAT pulsars with high Edot, and they cannot explain the high probability of detecting both the radio and gamma-ray beams at high Edot. The beaming factor remains close to 1 over 4 decades in Edot evolution for the slot gap whereas it significantly decreases with increasing age for the outer gaps. The evolution of the slot-gap luminosity with Edot is compatible with the large dispersion of gamma-ray luminosity seen in the LAT data. The stronger evolution predicted for the outer gap, which is linked to the polar cap heating by the return current, is apparently not supported by the LAT data. The LAT sample of gamma-ray pulsars therefore provides a fresh perspective on the early evolution of the luminosity and beam width of the gamma-ray emission from young pulsars, calling for thin and more luminous gaps.Comment: 23 pages, 21 figures, accepted for publication in A&

The Antarctic Submillimeter Telescope and Remote Observatory (AST/RO)

AST/RO, a 1.7 m diameter telescope for astronomy and aeronomy studies at wavelengths between 200 and 2000 microns, was installed at the South Pole during the 1994-1995 Austral summer. The telescope operates continuously through the Austral winter, and is being used primarily for spectroscopic studies of neutral atomic carbon and carbon monoxide in the interstellar medium of the Milky Way and the Magellanic Clouds. The South Pole environment is unique among observatory sites for unusually low wind speeds, low absolute humidity, and the consistent clarity of the submillimeter sky. Four heterodyne receivers, an array receiver, three acousto-optical spectrometers, and an array spectrometer are installed. A Fabry-Perot spectrometer using a bolometric array and a Terahertz receiver are in development. Telescope pointing, focus, and calibration methods as well as the unique working environment and logistical requirements of the South Pole are described.Comment: 57 pages, 15 figures. Submitted to PAS

Carbon Recombination Lines from the Galactic Plane at 34.5 & 328 MHz

We present results of a search for carbon recombination lines in the Galaxy at 34.5 MHz (C$575\alpha$) made using the dipole array at Gauribidanur near Bangalore. Observations made towards 32 directions, led to detections of lines in absorption at nine positions. Followup observations at 328 MHz (C$272\alpha$) using the Ooty Radio Telescope detected these lines in emission. A VLA D-array observation of one of the positions at 330 MHz yielded no detection implying a lower limit of 10' for the angular size of the line forming region. The longitude-velocity distribution of the observed carbon lines indicate that the line forming region are located mainly between 4 kpc and 7 kpc from the Galactic centre. Combining our results with published carbon recombination line data near 76 MHz (\nocite{erickson:95} Erickson \et 1995) we obtain constraints on the physical parameters of the line forming regions. We find that if the angular size of the line forming regions is $\ge 4^{\circ}$, then the range of parameters that fit the data are: \Te $= 20-40$ K, \ne $\sim 0.1-0.3$ \cm3 and pathlengths $\sim 0.07-0.9$ pc which may correspond to thin photo-dissociated regions around molecular clouds. On the other hand, if the line forming regions are $\sim 2^{\circ}$ in extent, then warmer gas (\Te $\sim 60-300$ K) with lower electron densities (\ne $\sim 0.03-0.05$ \cm3) extending over several tens of parsecs along the line of sight and possibly associated with atomic \HI gas can fit the data. Based on the range of derived parameters, we suggest that the carbon line regions are most likely associated with photo-dissociation regions.Comment: To appear in Journal of Astrophysics & Astronomy, March 200

SuperWIMP Dark Matter Signals from the Early Universe

Cold dark matter may be made of superweakly-interacting massive particles, superWIMPs, that naturally inherit the desired relic density from late decays of metastable WIMPs. Well-motivated examples are weak-scale gravitinos in supergravity and Kaluza-Klein gravitons from extra dimensions. These particles are impossible to detect in all dark matter experiments. We find, however, that superWIMP dark matter may be discovered through cosmological signatures from the early universe. In particular, superWIMP dark matter has observable consequences for Big Bang nucleosynthesis and the cosmic microwave background (CMB), and may explain the observed underabundance of 7Li without upsetting the concordance between deuterium and CMB baryometers. We discuss implications for future probes of CMB black body distortions and collider searches for new particles. In the course of this study, we also present a model-independent analysis of entropy production from late-decaying particles in light of WMAP data.Comment: 19 pages, 5 figures, typos correcte

Star formation towards the Scutum tangent region and the effects of Galactic environment

By positional matching to the catalogue of Galactic Ring Survey molecular clouds, we have derived distances to 793 Bolocam Galactic Plane Survey (BGPS) sources out of a possible 806 located within the region defined by Galactic longitudes l = 28.5 degr to 31.5 degr and latitudes |b| < 1 degr. This section of the Galactic Plane contains several major features of Galactic structure at different distances, mainly mid-arm sections of the Perseus and Sagittarius spiral arms and the tangent of the Scutum-Centarus arm, which is coincident with the end of the Galactic Long Bar. By utilising the catalogued cloud distances plus new kinematic distance determinations, we are able to separate the dense BGPS clumps into these three main line-of-sight components to look for variations in star-formation properties that might be related to the different Galactic environments. We find no evidence of any difference in either the clump mass function or the average clump formation efficiency (CFE) between these components that might be attributed to environmental effects on scales comparable to Galactic-structure features. Despite having a very high star-formation rate, and containing at least one cloud with a very high CFE, the star formation associated with the Scutum-Centarus tangent does not appear to be in any way abnormal or different to that in the other two spiral-arm sections. Large variations in the CFE are found on the scale of individual clouds, however, which may be due to local triggering agents as opposed to the large-scale Galactic structure.Comment: 11 pages, 8 figures. Accepted for publication in the Monthly Notices of the Royal Astronomical Societ

The Frequency of Mid-Infrared Excess Sources in Galactic Surveys

We have identified 230 Tycho-2 Spectral Catalog stars that exhibit 8 micron mid-infrared extraphotospheric excesses in the MidCourse Space Experiment (MSX) and Spitzer Space Telescope Galactic Legacy MidPlane Survey Extraordinaire (GLIMPSE) surveys. Of these, 183 are either OB stars earlier than B8 in which the excess plausibly arises from a thermal bremsstrahlung component or evolved stars in which the excess may be explained by an atmospheric dust component. The remaining 47 stars have spectral classifications B8 or later and appear to be main sequence or late pre-main-sequence objects harboring circumstellar disks. Six of the 47 stars exhibit multiple signatures characteristic of pre-main-sequence circumstellar disks, including emission lines, near-infrared K-band excesses, and X-ray emission. Approximately one-third of the remaining 41 sources have emission lines suggesting relative youth. Of the 25 GLIMPSE stars with SST data at >24 microns, 20 also show an excess at 24 microns. Three additional objects have 24 micron upper limits consistent with possible excesses, and two objects have photospheric measurements at 24 microns. Six MSX sources had a measurement at wavelengths >8 microns. We modeled the excesses in 26 stars having two or more measurements in excess of the expected photospheres as single-component blackbodies. We determine probable disk temperatures and fractional infrared luminosities in the range 191 < T < 787 and 3.9x10^-4 < L_IR/L_* < 2.7x10^-1. We estimate a lower limit on the fraction of Tycho-2 Spectral Catalog main-sequence stars having mid-IR, but not near-IR, excesses to be 1.0+-0.3%.Comment: Accepted to Ap

3-He in the Milky Way Interstellar Medium: Ionization Structure

The cosmic abundance of the 3-He isotope has important implications for many fields of astrophysics. We are using the 8.665 GHz hyperfine transition of 3-He+ to determine the 3-He/H abundance in Milky Way HII regions and planetary nebulae. This is one in a series of papers in which we discuss issues involved in deriving accurate 3-He/H abundance ratios from the available measurements. Here we describe the ionization correction we use to convert the 3-He+/H+ abundance, y3+, to the 3-He/H abundance, y3. In principle the nebular ionization structure can significantly influence the y3 derived for individual sources. We find that in general there is insufficient information available to make a detailed ionization correction. Here we make a simple correction and assess its validity. The correction is based on radio recombination line measurements of H+ and 4-He+, together with simple core-halo source models. We use these models to establish criteria that allow us to identify sources that can be accurately corrected for ionization and those that cannot. We argue that this effect cannot be very large for most of the sources in our observational sample. For a wide range of models of nebular ionization structure we find that the ionization correction factor varies from 1 to 1.8. Although large corrections are possible, there would have to be a conspiracy between the density and ionization structure for us to underestimate the ionization correction by a substantial amount.Comment: 36 pages, 4 figures To appear Astrophysical Journal, 20 August 2007, vol 665, no