Academic Writing

Why Keep a Dog and Bark Yourself? From Intermediary Liability to Responsibility

Author(s): 
Giancarlo Frosio
Publication Date: 
November 3, 2017
Publication Type: 
Academic Writing
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions—often tainted by protectionist concerns—define the present intermediary liability conundrum.

To Filter or Not to Filter? That is the Question in EU Copyright Reform

Author(s): 
Giancarlo Frosio
Publication Date: 
October 25, 2017
Publication Type: 
Academic Writing
This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and ensure their functioning by taking effective technological measures—such as content id technologies—to prevent copyright infringement on online platforms.

Trusting Big Data Research

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
October 24, 2017
Publication Type: 
Academic Writing

ABSTRACT

Data Extraterritoriality

Author(s): 
Kristen E. Eichensehr
Publication Date: 
July 27, 2017
Publication Type: 
Academic Writing

Data’s intangibility poses significant difficulties for determining where data is located. The problem is not that data is located nowhere, but that it may be located anywhere, and at least parts of it may be located nearly everywhere. And access to data does not depend on physical proximity.

The Death of ‘No Monitoring Obligations’: A Story of Untameable Monsters

Author(s): 
Giancarlo Frosio
Publication Date: 
October 2, 2017
Publication Type: 
Academic Writing
In imposing a strict liability regime for alleged copyright infringement occurring on YouTube, Justice Salomão of the Brazilian Superior Tribunal de Justiça stated that “if Google created an ‘untameable monster,’ it should be the only one charged with any disastrous consequences generated by the lack of control of the users of its websites.” In order to tame the monster, the Brazilian Superior Court had to impose monitoring obligations on YouTube. This was not an isolated case.

Communicating Cyber Intelligence to Non-Technical Customers

Author(s): 
Brian Nussbaum
Publication Date: 
September 7, 2017
Publication Type: 
Academic Writing

This article examines the challenge facing cyber intelligence analysts who have to explain threat information and analysis to non-technical consumers, like executives or law enforcement.  It explains why these challenges are common, but are often more pronounced in state and local government contexts.  Finally, it proposes a conceptual framework to think about the tradeoffs such analysts face, examines similar challenges in other policy areas, and offers strategies for communicating threat information effectively under various constraints.

From Horizontal to Vertical: An Intermediary Liability Earthquake in Europe

Author(s): 
Giancarlo Frosio
Publication Date: 
June 2, 2017
Publication Type: 
Academic Writing
As part of its Digital Single Market Strategy, the European Commission would like to introduce vertical regulations, replacing — or better conflicting with — the well-established eCommerce Directive horizontal intermediary liability regime. An upcoming revision of the Audio-visual Media Services Directive would ask platforms to put in place measures to protect minors from harmful content and to protect everyone from incitement to hatred.

The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform

Author(s): 
Giancarlo Frosio
Publication Date: 
June 2, 2017
Publication Type: 
Academic Writing
(with Christophe Geiger and Oleksandr Bulayenko) This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the digital uses of their publications. This proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016, which forms an important part of the ongoing reform of copyright at EU level.

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