For the strangest of reasons, whenever I start writing the introductory remarks, I hear Dumbledore’s “Welcome, welcome! To another year at Hogwarts”. And this, I’m sure is the content that everyone is here for. You’re most welcome. So, welcome welcome to another week at the IT Berry.
🤖 Artificial Intelligence
OECD adopted a new definition of AI systems. The updated definition captures AI’s ability to generate various outputs like predictions and decisions, and acknowledges the potential for AI systems to learn and adapt post-deployment. This move comes as the EU’s AI Act progresses through to final legislative stages, with the new definition enhancing clarity and future relevance, particularly as AI systems grow more autonomous and capable of evolving beyond their initial programming. fanfare The new OECD definition: “An AI system isa machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in their levels of autonomy and adaptiveness after deployment.”
🪁 Children’s Rights in Cyberspace
The European Commission formally sent Meta and Snap(chat) requests for information under the DSA. The EC is asking the platforms to detail how they are complying with the Digital Services Act’s (DSA) requirements for protecting minors, including risk assessments and mitigation strategies, particularly concerning mental and physical health risks. They must respond by December 1, 2023 (watch this space 👀), and based on their answers, the Commission may initiate formal proceedings. Under the DSA, the Commission can fine companies for providing incorrect, incomplete, or misleading information.
🔏 Data Protection & Privacy
The European Parliament adopted the Data Act. The Act promises a new era of data accessibility and sharing within the EU. The new rules look to be a win for consumers and AI developers alike: they ensure you can access your own data from connected devices, and aim to reduce repair costs.The law also protects against industrial espionage by defining trade secrets more clearly, preventing data leaks to countries with weaker data protection regulation, among others. Fav phrase when the pick could take up an entire blog post. Watch this space (double this week, how exciting)?
🌐 Internet Regulation
The CJEU ruled a Member State may not subject a communication platform provider established in another Member State to general and abstract obligations with regard to combating illegal content on the Internet. In 2021, Austria had passed a law requiring communication platforms to create mechanisms for reporting and checking potentially illegal content, and to regularly publish reports on such content. Google Ireland, Meta Platforms Ireland, and TikTok, all based in Ireland, argued that this Austrian law conflicted with EU law, specifically the directive that ensures the free flow of information society services across Member States. The Court of Justice confirmed that while Member States could impose certain measures for public protection, they could not enact broad, undiscriminating rules that would undermine the control principle of the service’s home country and the EU’s internal market.
UK’s Online Safety Bill recently became the Online Safety Act and Ofcom is all hands on deck, with press releases and all. Ofcom had detailed a plan for implementing the UK’s Online Safety Act, which holds online services accountable for user safety, especially children’s. This included risk assessment and mitigation obligations for services targeting or with a significant number of UK users. The rollout includes three phases, with phase one focusing on illegal harms and phase two on child safety, pornography, and the protection of women and girls. Phase three will address transparency and user empowerment for designated services. The plan is mid-2025. flashes digital sheriff’s badge
The EU reached a provisional agreement on new regulations for political advertising, aiming to enhance transparency and limit foreign interference in elections. The rules will make it easier to identify political ads and their sponsors, with strict consent required for the use of personal data in targeting such ads. Profiling based on sensitive personal data for political ads is banned. A European repository for online political ads will also be established. The regulations will be enforced 18 months after coming into force, with some parts activated in time for the next European Parliament elections. Final technical details are being worked out before the formal adoption process. Is the EU is setting the scene for political ad transparency, ensuring voters won’t have to read between the lines to uncover who’s funding the campaign curtain? Discuss.
🐆 AI in the Wild
It’s here, we were all expecting it: AI successfully negotiated a legal contract – an NDA. AI company Luminos achieved a milestone by conducting the first entirely AI-driven negotiation of a legal contract between two AI systems. The model was trained on 150 million legal documents to gain legal knowledge. The only step requiring human intervention- the signatures. Although the process is automated, it reportedly includes safeguards like live logs for lawyer oversight to ensure accuracy. Laying aside this very important question of accuracy, it could potentially save lawyers time otherwise spent on tedious document reviews. Wonder if AI’s contract savvy will mark a precedent setting shift, or simply be overruled by the complexity of human judgment? The court of opinion is now in session.
📄 Recommended Readings
Here’s a couple –in no particular order– of recent publications that piqued my interest this week. Remember to grab a cuppa and settle in for some riveting reading.
Exploring the Synergies between Non-Discrimination and Data Protection: What Role for EU Data Protection Law to Address Intersectional Discrimination? by Alessandra Calvi
The localization of IP infringements in the online environment: from Web 2.0 to Web 3.0 and the Metaverse by Eleonora Rosati
Disclaimer: I am in no way affiliated with the authors or publishers in sharing these, and do not necessarily agree with the views contained within. I try to include mostly open access publications due to, well you know, accessibility of knowledge and science.
So there you have it – another week in the fascinating realm of IT Law. Remember to pop back next week for your latest dose of legal updates. Cheerio!
If you have any thoughts or suggestions on how to make this digest more enjoyable, feel free to drop a line. Your feedback is always welcome!
Featured image generated using Midjourney.
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