'Notice and staydown' and social media: amending Article 13 of the Proposed Directive on Copyright

© 2018 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.This paper critically assesses the compatibility of content recognition and filtering technology or so-called notice and staydown approach with the right of social network platforms and users to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (1950) (ECHR). The analysis draws on Article 13 of the European Commission’s proposal for a Directive on Copyright, the case-law of the Strasbourg and Luxembourg Court and academic literature. It argues that the adoption of content recognition and filtering technology could pose a threat to social network platforms and user human rights. It considers the compliance of ‘notice and staydown’ with the European Court of Human Rights’ (ECtHR) three-part, non-cumulative test, to determine whether a ‘notice and staydown’ approach is, firstly, ‘in accordance with the law’, secondly, pursues one or more legitimate aims included in Article 8(2) and 10(2) ECHR and thirdly, is ‘necessary’ and ‘proportionate’. It concludes that ‘notice and staydown’ could infringe part one and part three of the ECtHR test as well as the ECtHR principle of equality of arms, thereby violating the rights of social network platforms and users under Articles 6, 8 and 10 of the Convention.Peer reviewe

Why There Isn't Intel-Level Causation in Mechanisms

The experimental interventions that provide evidence of causal relations are notably similar to those that provide evidence of constitutive relevance relations. In the first two sections, I show that this similarity creates a tension: there is an inconsistent triad between (1) Woodward's popular interventionist theory of causation, (2) Craver's mutual manipulability account of constitutive relevance in mechanisms, and a variety of arguments for (3) the incoherence of inter-level causation. I argue for an interpretation of the views in which the tension is merely apparent. I propose to explain inter-level relations without inter-level causation by appealing to the notion of fat-handed interventions, and an argument against inter-level causation which dissolves the problem

Philosophy of Science and The Replicability Crisis

Replicability is widely taken to ground the epistemic authority of science. However, in recent years, important published findings in the social, behavioral, and biomedical sciences have failed to replicate, suggesting that these fields are facing a “replicability crisis.” For philosophers, the crisis should not be taken as bad news but as an opportunity to do work on several fronts, including conceptual analysis, history and philosophy of science, research ethics, and social epistemology. This article introduces philosophers to these discussions. First, I discuss precedents and evidence for the crisis. Second, I discuss methodological, statistical, and social-structural factors that have contributed to the crisis. Third, I focus on the philosophical issues raised by the crisis. Finally, I discuss proposed solutions and highlight the gaps that philosophers could focus on

Philosophy of Science and The Replicability Crisis

Replicability is widely taken to ground the epistemic authority of science. However, in recent years, important published findings in the social, behavioral, and biomedical sciences have failed to replicate, suggesting that these fields are facing a “replicability crisis.” For philosophers, the crisis should not be taken as bad news but as an opportunity to do work on several fronts, including conceptual analysis, history and philosophy of science, research ethics, and social epistemology. This article introduces philosophers to these discussions. First, I discuss precedents and evidence for the crisis. Second, I discuss methodological, statistical, and social-structural factors that have contributed to the crisis. Third, I focus on the philosophical issues raised by the crisis. Finally, I discuss proposed solutions and highlight the gaps that philosophers could focus on

Employment and Unemployment Transitions in Spain from 1996 to 2005

In this paper, we have studied the employment and nonemployment transitions in Spain from 1996 to 2005. To do so, we have used a multi-state multiepisode duration model and a censored continuous-time Markovian matrix. By using the censored Markovian matrix, we have been able to balance the negative effect that censore has on the estimated parameters. The results obtained suggest that women have a probability of employment six percent lower than men. In addition, we have been able to show that Spanish employees experience three different stages of employment during their first decade in the labor market.Employment and Nonemployment Transitions; Multi-state Multi-episode Duration Model; Hazard Rate; Censored Continuous-time Markovian Matrix

Unblocking the Digital Economy Act 2010 : human rights issues in the UK

This is the accepted manuscript of an article published by Taylor & Francis in International Review of Law, Computers and Technology on 21 March 2013. The version of record [Romero-Moreno, F. (2013) ‘Unblocking the Digital Economy Act 2010, human rights issues in the UK’, International Review of Law, Computers & Technology, 27(1-2): 18-45, first published on line March 21, 2013] is available online via doi: http://dx.doi.org/10.1080/13600869.2013.764149Through an example of a study utilizing the case-law research method, this paper critically assesses whether taking into account both the findings of Mr La Rue (the United Nations Rapporteur on Human Rights) as well as some Court of Justice of the European Union's (CJEU) case-law, website blocking could be implemented in a way which is compatible with the European Convention on Human Rights (ECHR), in particular, with Article 10. Drawing upon, inter alia, Ofcom site blocking review, sections 17 and 18 of the Digital Economy Act 2010 (DEA), section 97A of the Copyright, Designs and Patents Act 1988 (CDPA), and some independent expert evidence, this paper's major argument is that in view of the CJEU SABAM v Scarlet and SABAM v Netlog, the UK government's decision to repeal the website blocking provisions of the DEA appears appropriate. The paper examines the findings of Fox v BT. It contrasts such findings with the CJEU's case-law and in light of the incompatibility of any website blocking measure with the cumulative three-part test set out in the United Nations Rapporteur on Human Rights discusses a number of implications. It concludes that given that the implementation of content blocking systems, such as Cleanfeed is likely to result in general monitoring being carried out; the UK government could possibly be in breach of EU law, namely, Article 15(1) of Directive 2000/31.Peer reviewe

The Digital Economy Act (DEA) 2010; subscriber monitoring and the right to privacy under Article 8 of the ECHR

Moreno, F., (2014), 'The Digital Economy Act (DEA) 2010; Subscriber monitor and the right to privacy under Article 8 of the ECHR. Paper presented at the British and Irish Law Education and Technology Association (Bileta) 29th Annual Conference 2014, "Legal Regulation and Education: Doing the Right Thing?". University of East Anglia, 14-16th April 2014.Through case-law research, this paper critically assesses the compatibility of the Digital Economy Act (DEA) obligation to notify subscribers of Copyright Infringement Reports (CIRs) (Section 3 of the DEA) with Article 8 of the European Convention on Human Rights (ECHR). It draws on the European Court of Human Rights (ECtHR) case-law, Ofcom’s Initial Obligations Code (the Code), the DEA judicial review decision, namely, BT PLC and Talk Talk PLC v Secretary of State for Business Innovation and Skills and others, and the DEA judicial review appeal decision, i.e., BT Plc and Talk Talk Telecom Group Plc v Secretary of State for Culture, Olympics, Media and Sport and others. This paper focuses on the three-parts of the Strasbourg Court’s cumulative test, in an effort to determine whether Section 3 of the DEA: firstly, is ‘in accordance with the law’; secondly, pursues one or more legitimate aims contained within Article 8(2) of the Convention; and thirdly, is ‘necessary’ and ‘proportionate’, and as to whether this constitutes a breach of a subscriber’s right to privacy under Article 8 of the ECHR. The paper provides an in-depth examination of the three-parts of the ECtHR’s cumulative test. It contrasts parts one, two and three of the ECtHR’s test with the Code’s provisions, and considers the compatibility of Section 3 of the DEA with Article 8 of the ECHR. It concludes that Section 3 of the DEA must be specifically targeted to serious online copyright infringement cases of ‘commercial scale’. The contrary rule would mean that it neither would be ‘in accordance with the law’ nor ‘necessary’ or ‘proportionate’; that is to say, it would infringe part one and part three of the ECtHR’s test, thus violating subscribers’ Article 8 ECHR rights under the Convention.Peer reviewedDownloa

Planificación de trayectorias usando metaheurísticas

In this work, a comparison between two metaheuristic methods to solve the path planning problem is presented. These methods are 1) Artificial ant colony and 2) Artificial bee colony. The following metrics are used to evaluate these implementations: 1) Path length and 2) Execution time. The comparison was tested using ten maps obtained from the University of Prague Department of Intelligent Cybernetics and the Mobil Robotics Group. Several runs were carried out to find the best algorithm parameters and get the best algorithm for the route planning task. The best algorithm was the artificial bee colony. These evaluations were visualized using the VPython package; here, a differential mobile robot was simulated to follow the trajectory calculated by the best algorithm. This simulation made it possible to observe that the robot makes the correct trajectory from the starting point to the objective point in each evaluated map.En este trabajo se presenta una comparación entre dos métodos metaheurísticos para resolver problemas de planificación de rutas. Estos métodos son: 1) Colonia de hormigas artificiales y 2) Colonia de abejas artificiales. Para evaluar estas implementaciones, se utilizan las siguientes métricas: 1) Longitud de ruta y 2) Tiempo de ejecución. El comparativo se probó utilizando diez mapas obtenidos del Departamento de Cibernética Inteligente y Mobil Robotics Group de la Universidad de Praga. Se realizaron varias ejecuciones con el objetivo de encontrar los mejores parámetros de los algoritmos y obtener el mejor algoritmo para la tarea de planificación de ruta. El mejor algoritmo fue la colonia de abejas artificiales. Estas evaluaciones se visualizaron utilizando el paquete VPython, aquí se simuló un robot móvil diferencial para seguir la trayectoria calculada por el mejor algoritmo. A partir de esta simulación fue posible observar que el robot realiza la trayectoria correcta desde el punto de inicio hasta el punto objetivo en cada uno de los mapas evaluados