France to propose sanctions at EU level on Russian firms spreading disinformation; Reuters, April 2, 2024

Reuters; France to propose sanctions at EU level on Russian firms spreading disinformation

"France will propose EU-wide level sanctions on those behind spreading disinformation amid what Paris sees as growing efforts by Russia to destabilise the bloc, Foreign Minister Stephane Sejourne on Tuesday."

A fight to protect the dignity of Michelangelo’s David raises questions about freedom of expression; AP, March 28, 2024

Colleen Barry, AP; A fight to protect the dignity of Michelangelo’s David raises questions about freedom of expression

"The decisions challenge a widely held practice that intellectual property rights are protected for a specified period before entering the public domain — the artist’s lifetime plus 70 years, according to the Berne Convention signed by more than 180 countries including Italy.

More broadly, the decisions raise the question of whether institutions should be the arbiters of taste, and to what extent freedom of expression is being limited...

Court cases have debated whether Italy’s law violates a 2019 European Union directive stating that any artwork no longer protected by copyright falls into the public domain, meaning that “everybody should be free to make, use and share copies of that work.”

The EU Commission has not addressed the issue, but a spokesman told the AP that it is currently checking “conformity of the national laws implementing the copyright directive” and would look at whether Italy’s cultural heritage code interferes with its application."

There's a big catch in the EU's landmark new AI law; Axios, December 11, 2023

Ryan Heath , Axios; There's a big catch in the EU's landmark new AI law

"The European Union's comprehensive AI regulations, finalized Friday after a 36-hour negotiating marathon, come with a catch: The EU is stuck in a legal void until 2025, when the rules come into force."

EU legal advisor: disclosing identities of suspected copyright pirates "compatible" with EU privacy laws; Boing Boing, September 29, 2023

 ROB BESCHIZZA, Boing Boing; EU legal advisor: disclosing identities of suspected copyright pirates "compatible" with EU privacy laws

"Releasing pirates' identities is "Compatible With EU Privacy Laws," says a top legal advisor to the European Union's highest court following the discovery that the French government retains more than a decade of data collected about millions of people suspected of infringing copyrights."

EU AI Act: first regulation on artificial intelligence; European Parliament News, June 14, 2023

European Parliament News ; EU AI Act: first regulation on artificial intelligence

"As part of its digital strategy, the EU wants to regulate artificial intelligence (AI) to ensure better conditions for the development and use of this innovative technology. AI can create many benefits, such as better healthcare; safer and cleaner transport; more efficient manufacturing; and cheaper and more sustainable energy.

In April 2021, the European Commission proposed the first EU regulatory framework for AI. It says that AI systems that can be used in different applications are analysed and classified according to the risk they pose to users. The different risk levels will mean more or less regulation. Once approved, these will be the world’s first rules on AI."

5 ways EU’s ethics body just might work — or not; Politico, June 8, 2023

SARAH WHEATON, Politico; 5 ways EU’s ethics body just might work — or not

"Here are five ways the Commission’s proposal could have teeth — and how critics contend it could be defanged."

Meta Fined $1.3 Billion for Violating E.U. Data Privacy Rules; The New York Times, May 22, 2023

Adam Satariano, The New York Times ; Meta Fined $1.3 Billion for Violating E.U. Data Privacy Rules

"Meta on Monday was fined a record 1.2 billion euros ($1.3 billion) and ordered to stop transferring data collected from Facebook users in Europe to the United States, in a major ruling against the social media company for violating European Union data protection rules...

The ruling, which is a record fine under the General Data Protection Regulation, or G.D.P.R., could affect data related to photos, friend connections and direct messages stored by Meta. It has the potential to bruise Facebook’s business in Europe, particularly if it hurts the company’s ability to target ads. Last month, Susan Li, Meta’s chief financial officer, told investors that about 10 percent of its worldwide ad revenue came from ads delivered to Facebook users in E.U. countries. In 2022, Meta had revenue of nearly $117 billion."

Exclusive: German authors, performers call for tougher ChatGPT rules amid copyright concerns; Reuters, April 19, 2023

 Foo Yun Chee, Reuters;  Exclusive: German authors, performers call for tougher ChatGPT rules amid copyright concerns

"Forty-two German associations and trade unions representing more than 140,000 authors and performers on Wednesday urged the European Union to beef up draft artificial intelligence rules as they singled out the threat to their copyright from ChatGPT...

"The unauthorised usage of protected training material, its non-transparent processing, and the foreseeable substitution of the sources by the output of generative AI raise fundamental questions of accountability, liability and remuneration, which need to be addressed before irreversible harm occurs," the letter seen by Reuters said."

Twitter takeover: fears raised over disinformation and hate speech; The Guardian, October 28, 2022

Dan Milmo and Alex Hern, The Guardian ; Twitter takeover: fears raised over disinformation and hate speech

"Elon Musk’s Twitter acquisition has been polarizing, sparking reactions from politicians, regulators and non-profits across different continents.

Some have expressed concerns about potential changes to Twitter’s content moderation policies now that it’s in the hands of the Tesla billionaire, while others celebrated how they expect the platform’s newly minted leader will handle content and speech on Twitter.

Senior politicians in the UK and Europe on Friday warned Musk over content moderation on Twitter, with the EU stressing the platform will “fly by our rules” and a UK minister expressing concerns over hate speech under the billionaire’s ownership.

The EU’s internal market commissioner, Thierry Breton, wrote on the platform on Friday that “in Europe, the bird will fly by our rules”, in response to Musk’s earlier tweet saying “the bird is freed” in apparent confirmation that he had bought the business.

The EU is introducing the Digital Services Act, which includes provisions for removal of illegal content including hate speech."

E.U. Takes Aim at Big Tech’s Power With Landmark Digital Act; The New York Times, March 24, 2022

Adam Satariano, The New York Times ; E.U. Takes Aim at Big Tech’s Power With Landmark Digital Act

The European Union was expected to finalize the Digital Markets Act, the most sweeping legislation to regulate tech since a European privacy law was passed in 2018.

"Officials on Thursday were putting the finishing touches on the law, called the Digital Markets Act, which would be the most sweeping piece of digital policy since the bloc put the world’s toughest rules to protect people’s online data into effect in 2018. The legislation is aimed at stopping the largest tech platforms from using their interlocking services and considerable resources to box in users and squash emerging rivals, creating room for new entrants and fostering more competition.

What that means practically is that companies like Google could no longer collect data from different services to offer targeted ads without users’ consent and that Apple might have to allow alternatives to its App Store on iPhones and iPads. Violators of the law, which would most likely take effect early next year, could face significant fines.

The Digital Markets Act is part of a one-two punch by European regulators. As early as next month, the European Union is expected to reach an agreement on a law that would force social media companies such as Meta, the owner of Facebook and Instagram, to police their platforms more aggressively."

What is research misconduct? European countries can’t agree; Science, March 10, 2021

Cathleen O’Grady, Science; What is research misconduct? European countries can’t agree

"In Sweden, a national code takes 44,000 words to define research misconduct and discuss scientific values. Next door, Norway’s equivalent is a brisk 900 words, little more than in this news article. And it’s not just the size of the codes that differs across Europe: A new analysis of scientific integrity policies in 32 nations has found widely varying standards and definitions for research misconduct itself, despite a 2017 Europe-wide code of conduct intended to align them.

Research ethicists say the differences threaten to create confusion and disputes for international scientific collaborations. Teams often include members working in different countries; if a team member is accused of research misconduct, which country’s rules should apply? The decision affects who can be held responsible, and which behaviors are considered unethical. “It really is a difficult issue,” says Nicole Föger, managing director of the Austrian Agency for Research Integrity."

Fair and unfair algorithms: What to take into account when developing AI systems to fight COVID-19; JD Supra, April 17, 2020

Fabia Cairoli and Giangiacomo Olivi, JD Supra; Fair and unfair algorithms: What to take into account when developing AI systems to fight COVID-19

"The regulatory framework includes a number of sources from which to draw inspiration when developing AI technology. One of the most recent ones, the White Paper on Artificial Intelligence of the European Commission, is aimed at defining the risks associated with the implementation of AI systems, as well as determining the key features that should be implemented to ensure that data subjects’ rights are complied with (please see our articles The EU White Paper on Artificial Intelligence: the five requirements and Shaping EU regulations on Artificial Intelligence: the five improvements for a more detailed analysis).

It is worth noting that, particularly in relation to the development of AI technologies to fight the pandemic, the legislator is required to pay great attention to the principles and security systems. Risks associated to AI relate both to rights and technical functionalities. EU member states intending to use AI against COVID-19 will also need to ensure that any AI technology is ethical and is construed and operates in a safe way.

With regards to ethics, it is worth noting that the European Commission issued Ethics Guidelines for Trustworthy AI in April 2019. Those guidelines stressed the need for AI systems to be lawful, ethical and robust (more particularly, AI should comply with all applicable laws and regulations, as well as ensure adherence to ethical principles / values and be designed in a way that does not cause unintentional harm).

With the aim of ensuring that fundamental rights are complied with, the legislator should consider whether an AI system will maintain respect for human dignity, equality, non-discrimination and solidarity. Some of these rights may be restricted for extraordinary and overriding reasons – such as fighting against a pandemic – but this should take place under specific legal provisions and only so far as is necessary to achieve the main purpose. Indeed, the use of tracking apps and systems that profile citizens in order to determine which ones may suffer from COVID-19 entails the risk that an individual’s freedom and democratic rights could be seriously restricted."

Europe plans to strictly regulate high-risk AI technology; Science, February 19, 2020

Nicholas Wallace, Science; Europe plans to strictly regulate high-risk AI technology

"The European Commission today unveiled its plan to strictly regulate artificial intelligence (AI), distinguishing itself from more freewheeling approaches to the technology in the United States and China.

The commission will draft new laws—including a ban on “black box” AI systems that humans can’t interpret—to govern high-risk uses of the technology, such as in medical devices and self-driving cars. Although the regulations would be broader and stricter than any previous EU rules, European Commission President Ursula von der Leyen said at a press conference today announcing the plan that the goal is to promote “trust, not fear.” The plan also includes measures to update the European Union’s 2018 AI strategy and pump billions into R&D over the next decade.

The proposals are not final: Over the next 12 weeks, experts, lobby groups, and the public can weigh in on the plan before the work of drafting concrete laws begins in earnest. Any final regulation will need to be approved by the European Parliament and national governments, which is unlikely to happen this year."

A.I. Regulation Is Coming Soon. Here’s What the Future May Hold; Fortune, October 24, 2019

David Meyer, Fortune; A.I. Regulation Is Coming Soon. Here’s What the Future May Hold

"Last year Angela Merkel’s government tasked a new Data Ethics Commission with producing recommendations for rules around algorithms and A.I. The group’s report landed Wednesday, packed with ideas for guiding the development of this new technology in a way that protects people from exploitation.

History tells us that German ideas around data tend to make their way onto the international stage...

So, what do those recommendations look like? In a word: tough."

AI systems should be accountable, explainable, and unbiased, says EU; The Verge, April 8, 2019

James Vincent, The Verge; AI systems should be accountable, explainable, and unbiased, says EU

"The European Union today published a set of guidelines on how companies and governments should develop ethical applications of artificial intelligence.

These rules aren’t like Isaac Asimov’s “Three Laws of Robotics.” They don’t offer a snappy, moral framework that will help us control murderous robots. Instead, they address the murky and diffuse problems that will affect society as we integrate AI into sectors like health care, education, and consumer technology."

Dutch surgeon wins landmark 'right to be forgotten' case; The Guardian, January 21, 2019

Daniel Boffey, The Guardian; Dutch surgeon wins landmark 'right to be forgotten' case

"A Dutch surgeon formally disciplined for her medical negligence has won a legal action to remove Google search results about her case in a landmark “right to be forgotten” ruling...

Google and the Dutch data privacy watchdog, Autoriteit Persoonsgegevens, initially rejected attempts to have the links removed on the basis that the doctor was still on probation and the information remained relevant.

However, in what is said to be the first right to be forgotten case involving medical negligence by a doctor, the district court of Amsterdam subsequently ruled the surgeon had “an interest in not indicating that every time someone enters their full name in Google’s search engine, (almost) immediately the mention of her name appears on the ‘blacklist of doctors’, and this importance adds more weight than the public’s interest in finding this information in this way”...

The European court of justice established the “right to be forgotten” in a 2014 ruling relating to a Spanish citizen’s claim against material about him found on Google searches. It allows European citizens to ask search engines to remove links to “inadequate, irrelevant or … excessive” content. About 3 million people in Europe have since made such a request." 

Will the world embrace Plan S, the radical proposal to mandate open access to science papers?; Science, January 3, 2019

Tania Rabesandratana, Science; Will the world embrace Plan S, the radical proposal to mandate open access to science papers?

""In the OA movement, it seems to a lot of people that you have to choose a road: green or gold or diamond," says Colleen Campbell, director of the OA2020 initiative at the Max Planck Digital Library in Munich, Germany, referring to various styles of OA. "Publishers are sitting back laughing at us while we argue about different shades" instead of focusing on a shared goal of complete, immediate OA. Because of its bold, stringent requirements, she and others think Plan S can galvanize advocates to align their efforts to shake up the publishing system...

"The combined weight of Europe and China is probably enough to move the system," says astrophysicist Luke Drury, of the Dublin Institute for Advanced Studies and the lead author of a cautiously supportive response to Plan S by All European Academies, a federation of European academies of sciences and humanities.

If Plan S does succeed in bringing about a fairer publishing system, he says, a transition to worldwide OA is sure to follow. "Somebody has to take the lead, and I'm pleased that it looks like it's coming from Europe.""

EU Members Push For Private Censorship Of Terrorist Content On The Internet; Intellectual Property Watch, December 6, 2018

Monika Ermert, Intellectual Property Watch; EU Members Push For Private Censorship Of Terrorist Content On The Internet

"According to the planned regulation on preventing-terrorist-content-online hosters, cloud providers and all sorts of internet platform providers must delete terrorist content upon receiving orders from Europol or relevant member state law enforcement agencies in just one hour.

But they would also have to make their own assessments about the terrorist nature of content upon referrals by the authorities and even take proactive steps for “detecting, identifying, and expeditiously removing or disabling access to terrorist content” (see paragraph 6 of the draft text)."

To regulate AI we need new laws, not just a code of ethics; The Guardian, October 28, 2018

Paul Chadwick, The Guardian; To regulate AI we need new laws, not just a code of ethics

"For a sense of Facebook’s possible future EU operating environment, Zuckerberg should read the Royal Society’s new publication about the ethical and legal challenges of governing artificial intelligence. One contribution is by a senior European commission official, Paul Nemitz, principal adviser, one of the architects of the EU’s far-reaching General Data Protection Regulation, which took effect in May this year.

Nemitz makes clear the views are his own and not necessarily those of the European commission, but the big tech companies might reasonably see his article, entitled “Constitutional democracy and technology in the age of artificial intelligence”, as a declaration of intent.

“We need a new culture of technology and business development for the age of AI which we call ‘rule of law, democracy and human rights by design’,” Nemitz writes. These core ideas should be baked into AI, because we are entering “a world in which technologies like AI become all pervasive and are actually incorporating and executing the rules according to which we live in large part”.

To Nemitz, “the absence of such framing for the internet economy has already led to a widespread culture of disregard of the law and put democracy in danger, the Facebook Cambridge Analytica scandal being only the latest wake-up call”."

SAP Becomes First European Tech Company to Create Ethics Advisory Panel for Artificial Intelligence; PR Newswire via Yahoo, September 18, 2018

PR Newswire via Yahoo; SAP Becomes First European Tech Company to Create Ethics Advisory Panel for Artificial Intelligence

""SAP considers the ethical use of data a core value," said Luka Mucic, Chief Financial Officer and Member of the Executive Board, SAP. "We want to create software that enables the intelligent enterprise and actually improves people's lives. Such principles will serve as the basis to make AI a technology that augments human talent."

SAP guiding principles reflect the company's commitment to comply with the highest ethical standards."