Research papers

This page is for interesting research papers on topics of interest to ORG.

Brexit

The Legal Consequences of Brexit Through the Lens of IP Law

Arnold, Richard and Bently, Lionel A. F. and Derclaye, Estelle and Dinwoodie, Graeme B.

Abstract

This paper discusses the consequences on the main intellectual property rights (patent, copyright, trade marks and designs) as well as on trade secrets of a hard Brexit, namely an exit of the United Kingdom from the European Union which means that it will not longer be bound by EU law.

Data protection

European Union regulations on algorithmic decision-making and a “right to explanation”

Bryce Goodman, Seth Flaxman, OOII

Abstract

We summarize the potential impact that the European Union’s new General Data Protection Regulation will have on the routine use of machine learning algorithms. Slated to take effect as law across the EU in 2018, it will restrict automated individual decision-making (that is, algorithms that make decisions based on user- level predictors) which “significantly affect” users. The law will also effectively create a “right to explanation,” whereby a user can ask for an explanation of an algorithmic decision that was made about them. We argue that while this law will pose large challenges for industry, it highlights opportunities for computer scientists to take the lead in designing algorithms and evaluation frameworks which avoid discrimination and enable explanation.

Privacy after agile

Seda Gürses2 & Joris van Hoboken

Seda Gürses and Joris van Hoboken, 'Privacy After the Agile Turn, in: Selinger et al (eds.), The Cambridge Handbook of Consumer Privacy, Forthcoming 2017. Available at https://osf.io/ufdvb/

Surveillance

Boundaries of Law: Exploring Transparency, Accountability, and Oversight of Government Surveillance Regimes

Korff, D., Wagner, B., Powles, J. Avila, R., Buermeyer, U. (2017); Boundaries of Law: Exploring Transparency, Accountability, and Oversight of Government Surveillance Regimes

This paper aims to understand, characterise, and improve laws governing surveillance through analysing and comparing a selective sample of 14 countries through the framework of international law and human rights.

Chilling Effects: Online Surveillance and Wikipedia Use

Penney, Jon, Chilling Effects: Online Surveillance and Wikipedia Use (2016). Berkeley Technology Law Journal, Vol. 31, No. 1, p. 117, 2016. Available at: SSRN

Shows correlation between Snowden revelations and a decline in searches for subjects relating to terrorism

Filtering

“Access denied”? Managing access to the World Wide Web within the National Health Service

Ebenezer, C.M., Bath, P.A. and Pinfield, S. (2015) “Access denied”? Managing access to the World Wide Web within the National Health Service (NHS) in England: technology, risk, culture, policy and practice. UNSPECIFIED. (Unpublished)

Levels of blocking varied, but in one case “frequencies of blocking reported by clinical staff varied from ‘every two months’ to ‘constant’ or ‘daily, probably’. This affected the work of clinical educators in particular. Most of these blocked sites were not reported to the IT department.”

Copyright enforcement

Criminal copyright proposals: are they appropriate in the information era?

• Romero-Moreno, F and Griffin, J (2016) Criminal copyright proposals: are they appropriate in the information era? in European Journal of Law and Technology, 25 September 2016

“This paper proposes that the current UK law should not be reformed so as to have increased criminal penalties. This is particularly so in the information age where the UK system of economic IP rights is becoming increasingly conflated; where recipients are gradually becoming users of content, and where convergence of technologies may lead to overlapping and unexpected legal complexities”

Incompatibility of the Digital Economy Act 2010 subscriber appeal process provisions with Article 6 of the ECHR

Felipe Romero Moreno , International Review of Law, Computers & Technology (2014)

Incompatibility of the Digital Economy Act 2010 subscriber appeal process provisions with Article 6 of the ECHR, International Review of Law, Computers & Technology, DOI: 10.1080/13600869.2013.869912

The Digital Economy Act 2010: subscriber monitoring and the right to privacy under Article 8 of the ECHR

Felipe Romero-Moreno (2016)

The Digital Economy Act 2010: subscriber monitoring and the right to privacy under Article 8 of the ECHR, International Review of Law, Computers & Technology, DOI: 10.1080/13600869.2016.1176320

Copyright Directive

• Stalla-Bourdillon, Sophie and Rosati, Eleonora and Turk, Karmen and Angelopoulos, Christina and Kuczerawy, Aleksandra and Peguera, Miquel and Husovec, Martin, A Brief Exegesis of the Proposed Copyright Directive (November 24, 2016). Available at SSRN

• Stalla-Bourdillon, Sophie and Rosati, Eleonora and Kettemann, Matthias C. and Wagner, Ben and Turk, Karmen and Kuczerawy, Aleksandra and Sartor, Giovanni and Polanski, Paul and Borghi, Maurizio and Tréguer, Félix and Dulong de Rosnay, Melanie and Guadamuz, Andrés and Peguera, Miquel and Bellan, Alberto and Montagnani, Maria Lillà and Tourette, Alexandre and Farrand, Benjamin and O'Dell, Eoin and Angelopoulos, Christina and Husovec, Martin and Roquilly, Christophe and Voorhoof, Dirk and Ausloos, Jef and Valcke, Peggy and Lievens, Eva and Westman, Daniel and Giovanella, Federica and Jondet, Nicolas and Rendas, Tito and Savin, Andrej and Gęsicka, Daria Katarzyna and Maier, Henrike M and Siwicki, Maciej and Tsakarestou, Betty and Doukidis, Georgios and Polykalas, Spyros and Konidaris, Agisilaos and Edwards, Lilian and Knight, Alison and Schwemer, Sebastian Felix, Open Letter to the European Commission - On the Importance of Preserving the Consistency and Integrity of the EU Acquis Relating to Content Monitoring within the Information Society (September 30, 2016). Available at SSRN

• Opinion of the CEIPI on the European Commission’s copyright reform proposal, with a focus on the introduction of neighbouring rights for press publishers in EU law

• Professors and Leading Scholars Respond to the IPO’s Request for Views on Modernising the European Copyright Framework

Other copyright

• STUDY ON THE IMPLEMENTATION AND EFFECT IN MEMBER STATES’ LAWS OF DIRECTIVE 2001/29/EC ON THE HARMONISATION OF CERTAIN ASPECTS OF COPYRIGHT AND RELATED RIGHTS IN THE INFORMATION SOCIETY and other material at: copyright studies