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The content of this book is rather controversial. It paints a rather bleak picture, that the current EU legal economic system being developed for the data-driven economy is both outdated and – to some extent – a policy at war with itself. It promotes dominant platforms to detriment of others. Moreover, the fundamentals for creating rules are also missing. A liberal economic system needs to be based on aspects of a rights system, otherwise, we risk losing innovation, the establishment of new markets, and the creation of wealth, while we will see increasing market failures. Without a legal system for rights to data, we will lose out of a just system for the distribution of wealth. Indeed, it is time that the data-driven economy and the internet economy are granted their ‘property’ rights, reflecting the new paradigm of the data-driven industrial revolution. Moreover, such a regime fits well with the European economic constitution now being established.
Generally, it might seem that the problem of a few system leaders hoarding data should be addressed by competition law. Market power and monopolizations generally trigger competition-law remedies. However, as will be discussed below, when it comes to accessing data, and especially when access to data should be granted as a continuing service, competition law is generally the wrong platform to use. Access or forced collaboration is difficult to establish under competition law. The case law of the Court of Justice of the European Union (CJEU) makes it difficult to succeed in arguing that a refusal to grant access to data is an abuse of market dominance under Article 102 TFEU. Proving market dominance in data-related markets is a challenging undertaking and is highly case specific. Similarly, the very stringent requirements defining abuse were developed for different situations and may need to be adapted to circumstances of the data-driven economy. More importantly, only undertakings would be able to rely on a right to access data under Article 102 TFEU, which would generally exclude access claims of consumers. Finally, the enforcement system of competition law does not seem to be sufficiently effective to guarantee competitive markets for the mass phenomenon of data lock-ins caused by connected devices.1
Sector-specific regulations apply in several network industries. The telecom sector and infrastructures such as utilities have been regulated based on the notion that they are natural monopolies and need to be regulated to prevent facilitation of monopolies. However, in the beginning of the internet era, large tech escaped regulation.1
Data is vital to the internet-based economy and will become even more important in the old economy as the Internet of Things (IoT) gains ground. The competitiveness of firms will increasingly depend on timely access to relevant data and the ability to use that data to develop new, innovative applications and products. In consumer-oriented businesses, the relevant data is often personal information; although this data is becoming increasingly collectable, only a few firms have access to larger amounts of it.1
This essay argues that to assess the likelihood that incumbent firms will successfully make the required transformations to their strategy and operations in the face of technological transformations, it is not sufficient to investigate their dynamic capabilities. Whether an incumbent is likely to succeed in its effort to change itself via dynamic capabilities depends also on how quickly start-ups or diversifying entrants can build ordinary capabilities to offer the new technology at scale. We offer a framework to assess dynamic competition that integrates both ordinary and dynamic capabilities into the analysis by systematically comparing incumbents, start-ups, and diversifying entrants. We illustrate the framework with a case study of electric vehicles and aim to show how crucial such comparative analyses are for making well-founded predictions about the likelihood that incumbents will be able to maintain their leadership positions in the future.
Open-source platforms are an increasingly popular business model for AI development for global technology companies. This chapter examines why a restrictive (non-fuzzy) interpretation of the data localisation provisions within the Cyber Security Law would harm the growth of China’s entrepreneurial ecosystem, focusing on recent Chinese government plans to grow its own domestic open-source AI ecosystem. Accordingly, this chapter reinforces the reasons why fuzzy logic lawmaking in China is so effective. It also queries whether the increased popularity of open-source platforms in China during 2017–2019 may have been another reason why data localisation was not comprehensively enforced.
Chapter 1 sets the scene, highlighting the rise of US dual-class stock success stories in recent years, before contrasting it with the rules of the FCA, which prohibit dual-class stock from the London Stock Exchange’s most prestigious listing segment, the premium tier.Regulators fear that dual-class stock incentivises controllers to extract personal benefits to the detriment of shareholder value.However, there has been a significant decline of UK IPOs in recent years, with a severe dearth of large tech company listings, with high-growth companies and unicorns seeking private finance options instead.The United Kingdom is subject to disproportionate levels of takeover activities, and thriving British businesses are regularly being purchased by foreign acquirors.Dual-class stock could, though, encourage and promote the listing of high-growth companies, enabling founders to divest of equity and generate further equity finance for growth, while insulating the management team, and its pursuit of the founder’s long-term, idiosyncratic vision, from removal by public shareholders and takeovers if short-term profits are low.Although the standard tier listing of The Hut Group was a success, it entailed certain compromises which emphasise the importance of the premium tier, and dual-class stock could be the shot-in-the-arm to resuscitate what has become a moribund IPO market.
Commentators now regularly declare that the International Criminal court (ICC) – and international criminal law as a whole – is in crisis. It is certainly the case that the ICC faces a number of operational challenges, and that these challenges worry its defenders. However, one unexamined rationalist assumption is that the Court’s inability to deliver consistent outputs will mean waning influence. This article explores an alternative constructivist theory that the ICC produces diffuse social impacts that are not necessarily tied to its operating effectively. This theory is tested statistically using Google Trends data. Specifically, the article examines whether ICC intervention in a country is associated with more internet search for ‘human rights’. Taking this to be a measure of changing discourse in countries, the article finds that some types of ICC involvement are associated with a far higher interest in human rights, and that this interest only increases as ICC involvement extends in time. In short, despite its disappointments, evidence suggests that the ICC still serves a socio-pedagogical function. Though it does not fit well within a rational evaluation framework, this kind of information should be considered in ICC performance reviews.
In June 2019, Google announced plans to connect Africa to Europe through an undersea internet cable project named Equiano. As a techno-commercial platform, Google’s gesture warrants scrutiny and propels this essay’s analyses of the political connections of Internet spaces that also enable a visual turn in the scholarship of African history. Using the Google search engine and Facebook, Yékú and Ojebode stress the embeddedness of digital technologies in cultural meanings that include visual narratives that visibilize government’s ahistoricism. They conclude by foregrounding the digital labors of Nigerian digital subjects who deploy historical photographs on Facebook as expressions of performative nostalgia.
As a megacorporation, Alphabet is, by definition, an organizational agent of the highest degree. Nevertheless, it is neither entirely self-defined nor self-created. In particular, it has been shaped by the Silicon Valley context from within which it emerged. Accordingly, the chapter’s first section provides an overview of the key actors and sectors that have helped define, and mythologize, Silicon Valley. Following this, Google’s emergence, success and transformation are described and explained. Then, and in accord with the characteristics detailed in Chapter 2, Alphabet is shown to be a megacorporation. As Alphabet’s global scale and broad scope, monopolistic tendencies, corporate social responsibility concerns and political-economic hybridity are relatively simple to describe, the chapter’s summary notes that it is the megacorporation’s existential impacts – on the extent, and our experience of, the past and the future – that is focused on throughout the book’s second part.
When the scale and scope of influence that a corporation wields is so great that it eclipses that of nearly all other corporations combined, it attains megacorporate status. Whelan proposes that, amongst the current big tech cohort, it is only Alphabet, the parent company of Google, that can be categorized as such. In advancing a novel philosophical perspective, and aspiring to an amoral ideal of analysis, Whelan reveals Alphabet's activities to be informed by the ideology of infinite times, consequently transforming how we experience the past, present and the future at personal and social levels. By shining a light on such corporate existential impacts, Megacorporation: The Infinite Times of Alphabet opens up a new field of research that makes the philosophical analysis of business and society an everyday concern. This novel study on corporate social influence will appeal to readers interested in big tech, business and society, political economy and organization studies.
Suicide in the US has increased in the last decade, across virtually every age and demographic group. Parallel increases have occurred in non-fatal self-harm as well. Research on suicide across the world has consistently demonstrated that suicide shares many properties with a communicable disease, including person-to-person transmission and point-source outbreaks. This essay illustrates the communicable nature of suicide through analogy to basic infectious disease principles, including evidence for transmission and vulnerability through the agent–host–environment triad. We describe how mathematical modeling, a suite of epidemiological methods, which the COVID-19 pandemic has brought into renewed focus, can and should be applied to suicide in order to understand the dynamics of transmission and to forecast emerging risk areas. We describe how new and innovative sources of data, including social media and search engine data, can be used to augment traditional suicide surveillance, as well as the opportunities and challenges for modeling suicide as a communicable disease process in an effort to guide clinical and public health suicide prevention efforts.
Google's ‘Community Mobility Reports’ (CMR) detail changes in activity and mobility occurring in response to COVID-19. They thus offer the unique opportunity to examine the relationship between mobility and disease incidence. The objective was to examine whether an association between COVID-19-confirmed case numbers and levels of mobility was apparent, and if so then to examine whether such data enhance disease modelling and prediction. CMR data for countries worldwide were cross-correlated with corresponding COVID-19-confirmed case numbers. Models were fitted to explain case numbers of each country's epidemic. Models using numerical date, contemporaneous and distributed lag CMR data were contrasted using Bayesian Information Criteria. Noticeable were negative correlations between CMR data and case incidence for prominent industrialised countries of Western Europe and the North Americas. Continent-wide examination found a negative correlation for all continents with the exception of South America. When modelling, CMR-expanded models proved superior to the model without CMR. The predictions made with the distributed lag model significantly outperformed all other models. The observed relationship between CMR data and case incidence, and its ability to enhance model quality and prediction suggests data related to community mobility could prove of use in future COVID-19 modelling.
Rampant abuse, hate speech, censorship, bias, and disinformation - our Internet has problems. It is governed by technology companies - search engines, social media platforms, and infrastructure providers - whose hidden rules influence what we are allowed to see and say. In Lawless, Nicolas P. Suzor presents gripping examples of exactly how tech companies govern our digital environment and how they bend to pressure from governments and other powerful actors to censor and control the flow of information online. We are at a constitutional moment - an opportunity to rethink the basic rules of how the Internet is governed. Suzor offers a vision of a vibrant, diverse, and flourishing internet that can protect our fundamental rights from the lawless rule of tech. The culmination of more than ten years of original research, this groundbreaking work should be read by anyone who cares about the internet and the future of our shared social spaces.
The analysis of political texts from parliamentary speeches, party manifestos, social media, or press releases forms the basis of major and growing fields in political science, not least since advances in “text-as-data” methods have rendered the analysis of large text corpora straightforward. However, a lot of sources of political speech are not regularly transcribed, and their on-demand transcription by humans is prohibitively expensive for research purposes. This class includes political speech in certain legislatures, during political party conferences as well as television interviews and talk shows. We showcase how scholars can use automatic speech recognition systems to analyze such speech with quantitative text analysis models of the “bag-of-words” variety. To probe results for robustness to transcription error, we present an original “word error rate simulation” (WERSIM) procedure implemented in $R$. We demonstrate the potential of automatic speech recognition to address open questions in political science with two substantive applications and discuss its limitations and practical challenges.
This article is written by Paul Magrath who is the Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales (ICLR). His article explores the issues surrounding the custodianship of those public legal documents, such as court judgments, which form primary sources of law but which may also contain private data, and looks at the way custodians of such data can also act as gatekeepers, enhancing or inhibiting access by the public as well as more specialised users. It expands upon an article published by Infolaw.co.uk entitled “Custodians and gatekeepers: maintaining access to public legal information”, and refers to recent case law involving the tension between information in the public domain and the individual's privacy and “right to be forgotten” by search engines. The article also looks at how court documents are made accessible in other jurisdictions and imagines how things might be improved in our own courts, before concluding that the model of a not-for-profit organisation, such as the ICLR or BAILII (the British and Irish Legal Information Institute), may work as well if not better than public or private management of judgments and other legal public information.