Data protection and digital competition
by Ian Brown, Douwe Korff and friends
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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I enjoyed listening to Ariel Ezrachi and Maurice Stucke’s new book on competition policy and innovation more than I expected. How Big-Tech Barons Smash Innovation—and How to Strike Back is beautifully written and full of zingers.
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If the Data Protection and Digital Information Bill is adopted as proposed, the UK data protection regime will be significantly less strict than – i.e., not “essentially equivalent” to – the EU GDPR regime, and undermine the EU regime.
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Thanks to BEUC for organising a great symposium yesterday on digital competition reform. This was my five-minute introduction to interoperability.
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In a legal opinion prepared for the European Centre for Not-for-profit Law, I argue that AI systems that are unexplainable/ unchallengeable present an unacceptable risk and should be prohibited in both the Artificial Intelligence Act and the Council of Europe Convention on AI.
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Here are the provisions of the EU’s Digital Markets Act relating to interoperability obligations for large “gatekeeper” firms, from the final text!
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