The EU Digital Services Act


Book Description

The EU Regulation on a Single Market for Digital Services (Digital Services Act, the 'DSA') is a comprehensive legal framework to regulate digital services and to tackle illegal activity online across the European Union. The DSA represents one of the main pillars of the EU's reform of the digital single market. It applies horizontally to online intermediaries operating in the EU, including online platforms such as social media, video-sharing platforms, online marketplaces, and search engines. The EU Digital Services Act: A Commentary serves as a reference work on the DSA, written by experts who have been closely involved in all steps of the law-making process, from the preparation of the proposal to the final negotiations, as well as its subsequent elaboration and application. This commentary provides a comprehensive article-by-article analysis that will allow the reader to navigate the provisions of this new, complex legal act. While being novel, the DSA does not enter a completely unchartered territory: numerous provisions draw inspiration from, or are applied together with, the provisions of other Acts and areas of EU law. This Commentary explores the jurisprudential origins of the provisions of the DSA and their articulation with other EU Acts, which will be essential for its interpretation and application. With a foreword by Maciej Szpunar, the First Advocate General at the EU Court of Justice, The EU Digital Services Act: A Commentary strikes a balance between a practical commentary and an academic analysis, and is aimed at legal practitioners, academics, and public authorities.




Platform Neutrality


Book Description

In its report the French Digital Council keeps a large approach of the neutrality principle: to apply Net neutrality and take into account the digital platforms, which became entry gates to the digital society. Four priority recommendations are developped in this report : Recommendation 1 – Bolster the effectiveness of law in relation to digital platforms Recommendation 2 – Ensure data system fairness Recommendation 3 – Invest significantly in skills and knowledge to bolster competitiveness Recommendation 4 – Set the right conditions to allow alternatives to emerge In addition to this report, the Council publishes: More technical factsheets to deepen some recommendation: - The resources of law to the service of neutrality - Loyalty and sustainably of the data system - Positive neutrality: reuniting the conditions of an open Internet An analysis report on the plateform ecosystems. The restitution of the whole consultation.




Network neutrality


Book Description

This electronic version has been made available under a Creative Commons (BY-NC) open access license. Net neutrality is the most contested Internet access policy of our time. This book offers an in-depth explanation of the concept, addressing its history since 1999, its engineering, the policy challenges it represents and its legislation and regulation. Various case studies are presented, including Specialized Services and Content Delivery Networks for video over the Internet, and the book goes on to examine the future of net neutrality battles in Europe, the United States and developing countries, as well as offering co-regulatory solutions based on FRAND and non-exclusivity. It will be a must-read for researchers and advocates in the net neutrality debate, as well as those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.




Platform Neutrality Rights


Book Description

"This book analyses questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against biased platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, "public accommodations" laws, and public utilities laws. Discussing artificial intelligence (AI) regulation, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or "shadow-banning". The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and artificial intelligence"--




Media Regulation during the COVID-19 Pandemic


Book Description

The international COVID-19 pandemic continues to impact many people’s daily lives, and this natural phenomenon does not leave the world of media untouched either. In Central and Eastern Europe, media regulatory processes are often covert; as if governments are using the viral situation to achieve their unstated goals. Freedom of expression as a fundamental human right can quickly face severe restrictions in such cases, raising the problem of conflicting fundamental rights. Legislation, the functioning of the media system, and other media rights issues, have for several years been on the agenda in many Central and Eastern European countries. The exercise of exceptional powers has reached the region; extraordinary seems to become the norm. This edited volume aims to bring together the historical and contemporary challenges for the press, the news media, and our mediatised world. It explores the issue from the perspectives of legal history and existing law, as well as social and political science, identifying the intersections where past experience can help to address the social and regulatory challenges of the present. The main objective of the book is to make visible the links between the pandemic situation and media legislation (negative and positive), its history, its social impact, its effects on the exercise of fundamental rights, and the experience, research findings and academic positions in Central and Eastern Europe on past and current regulatory issues. It is a collection that will add greatly to contemporary research on Central and Eastern Europe, and will be of interest to researchers and scholars interested in the region, and in wider law, media and socio-political issues.




Principles of the Digital Services Act


Book Description

Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond. The book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression. Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.







Sharing Cities


Book Description

How cities can build on the “sharing economy” and smart technology to deliver a “sharing paradigm” that supports justice, solidarity, and sustainability. The future of humanity is urban, and the nature of urban space enables, and necessitates, sharing—of resources, goods and services, experiences. Yet traditional forms of sharing have been undermined in modern cities by social fragmentation and commercialization of the public realm. In Sharing Cities, Duncan McLaren and Julian Agyeman argue that the intersection of cities' highly networked physical space with new digital technologies and new mediated forms of sharing offers cities the opportunity to connect smart technology to justice, solidarity, and sustainability. McLaren and Agyeman explore the opportunities and risks for sustainability, solidarity, and justice in the changing nature of sharing. McLaren and Agyeman propose a new “sharing paradigm,” which goes beyond the faddish “sharing economy”—seen in such ventures as Uber and TaskRabbit—to envision models of sharing that are not always commercial but also communal, encouraging trust and collaboration. Detailed case studies of San Francisco, Seoul, Copenhagen, Medellín, Amsterdam, and Bengaluru (formerly Bangalore) contextualize the authors' discussions of collaborative consumption and production; the shared public realm, both physical and virtual; the design of sharing to enhance equity and justice; and the prospects for scaling up the sharing paradigm though city governance. They show how sharing could shift values and norms, enable civic engagement and political activism, and rebuild a shared urban commons. Their case for sharing and solidarity offers a powerful alternative for urban futures to conventional “race-to-the-bottom” narratives of competition, enclosure, and division.




The Antitrust Paradox


Book Description

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.