The Risk of Discrimination in the Digital Market


Book Description

The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices.




Handbook of Research on Digital Violence and Discrimination Studies


Book Description

Digital violence continues to increase, especially during times of crisis. Racism, bullying, ageism, sexism, child pornography, cybercrime, and digital tracking raise critical social and digital security issues that have lasting effects. Digital violence can cause children to be dragged into crime, create social isolation for the elderly, generate inter-communal conflicts, and increase cyber warfare. A closer study of digital violence and its effects is necessary to develop lasting solutions. The Handbook of Research on Digital Violence and Discrimination Studies introduces the current best practices, laboratory methods, policies, and protocols surrounding international digital violence and discrimination. Covering a range of topics such as abuse and harassment, this major reference work is ideal for researchers, academicians, policymakers, practitioners, professionals, instructors, and students.




Niche Envy


Book Description

The price we pay for the new strategies in database marketing that closely track desirable customers, offering them benefits in return for personal information. We have all been to Web sites that welcome us by name, offering us discounts, deals, or special access to content. For the most part, it feels good to be wanted—to be valued as a customer. But if we thought about it, we might realize that we've paid for this special status by turning over personal information to a company's database. And we might wonder whether other customers get the same deals we get, or something even better. We might even feel stirrings of resentment toward customers more valued than we are. In Niche Envy, Joseph Turow examines the emergence of databases as marketing tools and the implications this may have for media, advertising, and society. If the new goal of marketing is to customize commercial announcements according to a buyer's preferences and spending history—or even by race, gender, and political opinions—what does this mean for the twentieth-century tradition of equal access to product information, and how does it affect civic life? Turow shows that these marketing techniques are not wholly new; they have roots in direct marketing and product placement, widely used decades ago and recently revived and reimagined by advertisers as part of "customer relationship management" (known popularly as CRM). He traces the transformation of marketing techniques online, on television, and in retail stores. And he describes public reaction against database marketing—pop-up blockers, spam filters, commercial-skipping video recorders, and other ad-evasion methods. Polls show that the public is nervous about giving up personal data. Meanwhile, companies try to persuade the most desirable customers to trust them with their information in return for benefits. Niche Envy tracks the marketing logic that got us to this uneasy impasse.




Captivating Technology


Book Description

The contributors to Captivating Technology examine how carceral technologies such as electronic ankle monitors and predictive-policing algorithms are being deployed to classify and coerce specific populations and whether these innovations can be appropriated and reimagined for more liberatory ends.




Research Handbook on the Law and Economics of Competition Enforcement


Book Description

This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.




Coherence Between Data Protection and Competition Law in Digital Markets


Book Description

In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.




Decent Work in the Digital Age


Book Description

This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects – and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.







Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace


Book Description

Do the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.




Information Technology for Management


Book Description

Information Technology for Management provides students with a comprehensive understanding of the latest technological developments in IT and the critical drivers of business performance, growth, and sustainability. Integrating feedback from IT managers and practitioners from top-level organizations worldwide, the International Adaptation of this well-regarded textbook features thoroughly revised content throughout to present students with a realistic, up-to-date view of IT management in the current business environment. This text covers the latest developments in the real world of IT management with the addition of new case studies that are contemporary and more relevant to the global scenario. It offers a flexible, student-friendly presentation of the material through a pedagogy that is designed to help students easily comprehend and retain information. There is new and expanded coverage of Artificial Intelligence, Robotics, Quantum Computing, Blockchain Technology, IP Intelligence, Big Data Analytics, IT Service Management, DevOps, etc. It helps readers learn how IT is leveraged to reshape enterprises, engage and retain customers, optimize systems and processes, manage business relationships and projects, and more.