The impact of science and technology on the rights of the individual
In: Law, governance and technology series 26
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In: Law, governance and technology series 26
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, S. 1-23
ISSN: 2190-8249
Abstract
This article focuses on copyright issues pertaining to generative artificial intelligence (AI) systems, with particular emphasis on the ChatGPT case study as a primary exemplar. In order to generate high-quality outcomes, generative AI systems require substantial quantities of training data, which may frequently comprise copyright-protected information. This prompts inquiries into the legal principles of fair use, the creation of derivative works and the lawfulness of data gathering and utilisation. The utilisation of input data for the purpose of training and enhancing AI models presents significant concerns regarding potential violations of copyright. This paper offers suggestions for safeguarding the interests of copyright holders and competitors, while simultaneously addressing legal challenges and expediting the advancement of AI technologies. This study analyses the ChatGPT platform as a case example to explore the necessary modifications that copyright regulations must undergo to adequately tackle the intricacies of authorship and ownership in the realm of AI-generated creative content.
In: European Journal of Risk Regulation
SSRN
The paper considers the global impacts of digital communication technologies and how they can influence media pluralism and media freedom as well as the ways in which legal systems aim to support and protect them within the context of ongoing technological developments. In particular, it suggests that although new media may potentially help pluralism, there are also significant challenges to achieving effective freedom and pluralism through new media. The paper concludes by proposing recommendations on how the current legislation could be used, adapted or modified in order to encourage media freedom and pluralism also in the digital context.
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In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 6, Heft 1, S. 121-128
ISSN: 2190-8249
The aim of this paper is to recognize and discuss the inherent risks associated with Internet regulation and control over digital content. The key point of this analysis is that Internet regulation can present human rights risks. In particular, the paper examines how restrictions over Internet content are posing regulatory issues directly related to the growing importance of an equitable access to digital information. It also considers the relevance and impact of computer–mediated communication, its potential on democratization of freedom of expression and the problem of conflicting rights. Drawing upon comparative and case study material, the paper finally discusses and investigates the potential risks and vulnerabilities related to communication technologies focusing on legislative reforms in the area of digital communications and their implications for fundamental freedoms.
In: http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-23318
The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights—including the right to access knowledge and information and the right to communicate. This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate. As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings. This paper intends to discuss the unique nature of the access to networked services as well as the corresponding connection with the concept of pluralism. In particular, the growing importance of digital media is challenging the traditional notion of pluralism. In this context, the question of access it is thus paramount in order to guarantee an effective protection of freedom of expression and information.On this ground, the paper examines how Internet content governance is posing provocative and fascinating regulatory issues directly related to the growing possibilities offered by computer-mediated communication. This debate is not simply "technical", but also political, legal and social since it involves sustainable and value-oriented solutions, but also - more importantly - the awareness of the human rights dimension of Internet regulation. The possible answers to these issues are at the center of the ongoing discussion concerning the regulation of digital content and communication technologies. Drawing upon comparative and case study material, this paper analyses the functional relationship between modern communication technologies, legislative reforms in the area of digital communications, and constitutional freedoms.
BASE
The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights-including the right to access knowledge and information and the right to communicate. This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate. As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings. This Article intends to explore the challenges and opportunities for freedom of speech and human rights on the Internet. In particular, it examines how Internet content governance is posing provocative and fascinating regulatory issues directly related to the growing possibilities offered by computer-mediated communication. This debate is not simply "technical," but also political, legal, and social since it involves sustainable and value-oriented solutions, but also--more importantly--the awareness of the human-rights dimension of Internet governance. The possible answers to these issues are at the center of the ongoing discussion concerning the regulation of digital content and communication technologies. Finally, drawing upon comparative and case-study material, this Article analyses the functional relationship between modern communication technologies, legislative reforms in the area of digital communications, and constitutional freedoms.
BASE
The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights—including the right to access knowledge and information and the right to communicate. This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate. As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings. This Article intends to explore the challenges and opportunities for freedom of speech and human rights on the Internet. In particular, it examines how Internet content governance is posing provocative and fascinating regulatory issues directly related to the growing possibilities offered by computer-mediated communication. This debate is not simply "technical," but also political, legal, and social since it involves sustainable and value-oriented solutions, but also—more importantly—the awareness of the human-rights dimension of Internet governance. The possible answers to these issues are at the center of the ongoing discussion concerning the regulation of digital content and communication technologies. Finally, drawing upon comparative and case-study material, this Article analyses the functional relationship between modern communication technologies, legislative reforms in the area of digital communications, and constitutional freedoms.
BASE
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 4, Heft 2, S. 254-260
ISSN: 2190-8249
The purpose of the paper is to discuss how to regulate the access to and use of biochemical and human genetic material currently considered as part of the market framework. Looking beyond the protection of traditional public goods (such as land or water), the paper emphasizes the debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. The discourse around commons is used to evaluate alternative tools and strategies to the issue of private appropriation of human genetic resources and natural compounds
The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual's rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.
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In: International Journal of the Commons (7) 2
SSRN
In: European University Institute - RSCAS Working Paper No. 2013/47
SSRN
The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual's rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.
BASE
The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual's rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.
BASE