Data protection and digital competition
by Ian Brown and Douwe Korff
Our responses to chapter 3 of Lord Anderson’s review of the UK Investigatory Powers Act, on the use of bulk datasets with “low/no expectation of privacy” by the intelligence agencies.
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Many thanks to Tommaso Valletti and Cristina Caffarra for organising this spectacularly good panel on antitrust and generative AI. It’s well worth watching in full, but I’ve tried to capture some key points.
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This Guardian article is helpful for containing so many of the questionable assumptions behind calls to strictly limit open source AI tools.
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The Bundeskartellamt (Federal Cartel Office) has been undertaking a long-running sector study of the German messenger (and video services) market, and today has published its final report. I wanted to add a few comments to elements of the report, because without a close reading of the DMA’s provisions it is easy to draw incorrect assumptions about implications of the BKA’s conclusions.
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The UK’s “National Cyber [?] Force” has for the first time published detailed information about its work. But how can such a clandestine agency get genuinely independent advice?
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This is often a critique of data protection as a mechanism for AI regulation. But especially when combined with human rights and specific anti-discrimination law, how much of a gap does that leave?
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In July 2022, Twitter had 61.9m users reachable by advertisers in the 27 EU member states — passing the 45m user hurdle for designation as a Very Large Online Platform under the DSA, and potentially a DMA gatekeeper.
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German minister: “The EU must put Twitter under direct supervision of the European Commission! I have written to the relevant Commissioners Margrethe Vestager and Thierry Breton today asking them to do so. This can stop the anti-competitive behaviour of Elon Musk on Twitter.”
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The new US Executive Order does not change the fact the US authorities insist on carrying out indiscriminate, untargeted mass surveillance, also of EU persons and EU governmental and non-governmental entities, by means of bulk collection of data, without independent substantive judicial oversight or effective redress.
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Elon Musk’s takeover of Twitter is providing a great large-scale natural experiment on a number of aspects of interoperability, as tens of thousands of users at least partially switch to alternative services, particularly in the interoperable Fediverse. Can we turn the migration into a stampede?
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