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In April 2019, the U.K. released a white paper about Online Harms. The White Paper proposes to take Internet censorship to a new height, essentially unmatched by any other Western democracy. It’s a sign of how comprehensive censorship has moved beyond repressive regimes to become trendy even in leading republican democracies. To redress a wide range of anti-social online activity, the White Paper seeks to tightly circumscribe user-generated content — so tightly that only a small number Internet giants will be able to profitably publish user-generated content. Other Internet publishers will be pushed towards licensing professional content and cover those costs by charging subscriber fees to consumers. Thus, the White Paper will produce a reconfigured Internet 3.0 that will resemble the cable TV industry, not the current Internet we know and love. This essay addresses three main points. It first deconstructs the some of the “facts” the White Paper uses to justify its censorious ideas. Then it highlights some of the proposals’ worst policy aspects. The essay concludes by explaining how the White Paper will reshape the Internet and kill off most user-generated content.

This is a submission by the Australasian Legal Information Institute to the Australian Government's Digital Technology Taskforce on the proposed Australian Data Strategy. The submission is framed around seven questions asked in the Discussion Paper on the Strategy. The submission concentrates on the role of legal information in the Australian Data Strategy, with additional comments on issues which we think are of particular importance, such as data privacy. In answer to Question 4.'What are the top three outcomes from the Australian Data Strategy you would like to see by 2025?' we identify: (i) Undo data monopolies – There are three main impediments to the full realisation of a free access legal data commons in Australia, concerning court decisions, legislation and standards. (ii) Reform data privacy – Australia’s Privacy Act should be reformed to meet the highest international standard, currently that of the EU’s GDPR. (iii) Legislate for ethical AI - Australian AI innovations will pose considerable risks to Australian citizens, and may also find that they are internationally non-competitive as the international environment moves toward regulation. The Discussion Paper often refers to public trust, but we argue that the question is not one of public ‘trust’, but rather whether our public institutions and their systems for handing data are ‘trustworthy’. Examples concerning personal data disasters in Australia are given. AustLII welcomes proposals of substance coming from a more developed Strategy, and will aim to interact with what should be a significant national initiative.

Gary Becker wrote what may be the first economic analysis of conscription. Less than a decade later, economists played a key role in an important public policy debate during the Vietnam War, which eventually led to abolishment of the military draft. Becker had connections to many of those economists who studied the economics of conscription, and his paper foreshadowed many of the ideas in that literature. Despite this, none cited his paper on conscription. We discuss this history and speculate on this puzzle.

This White Paper summarises currently available empirical data about attitudes and opinions of citizens and state actors regarding cybersecurity. The data emerges from reports of EU projects, Eurobarometer surveys, policy documents of state actors and additional scientific papers. It describes what these stakeholders generally think, what they feel, and what they do about cyber threats and security (counter)measures. For citizens’ perspectives, three social spheres of particular interest are examined: 1) health, 2) business, 3) police and national security.

This White Paper outlines how the ethical discourse on cybersecurity has developed in the scientific literature, which ethical issues gained interest, which value conflicts are discussed, and where the “blind spots” in the current ethical discourse on cybersecurity are located. The White Paper is based on an extensive literature with a focus on three reference domains with unique types of value conflicts: health, business/finance and national security. For each domain, a systematic literature search has been performed and the identified papers have been analysed using qualitative and quantitative methods. An important observation is that the ethics of cybersecurity not an established subject. In all domains, cybersecurity is recognized as being an instrumental value, not an end in itself, which opens up the possibility of trade-offs with different values in different spheres. The most prominent common theme is the existence of trade-offs and even conflicts between reasonable goals, for example between usability and security, accessibility and security, privacy and convenience. Other prominent common themes are the importance of cybersecurity to sustain trust (in institutions), and the harmful effect of any loss of control over data.

In Canada, diverse people face violence and abuse at alarming rates as a result of their gender, perceived gender, or gender expression. This phenomenon is referred to as gender-based violence (GBV). Gender-based violence has many manifestations, including sexual assault, femicide, and intimate partner violence (IPV), as well as dowry-related violence, early or forced marriage and pregnancy, female genital mutilation, elder abuse, human trafficking, sexual harassment, cyber abuse, and many other forms, both visible and invisible. Crucially, GBV does not simply occur in the context of inter-personal relationships or as the result of perpetration by ‘bad men’; rather, GBV is a systemic issue that seizes upon and operates through longstanding pathologies and power dynamics—patriarchy, racism, colonialism, and transphobia to name few—rendering diverse people more vulnerable to victimization on the basis of their identity. Strategies, policies, and programs focused on ensuring victims and survivors can achieve economic security will form a vital component of any serious plan to address GBV. On this point there is notable consensus. Less agreement exists, however, when debate begins on the question of which strategies, policies, and programs ought to be implemented. In this discussion paper, we weigh in on this debate through an evaluation of an economic security tool over which there has been much fanfare in recent years: the basic income model. Two questions guide our analysis: (1) to what extent could a basic income disrupt the material conditions and forms of oppression which drive GBV, and thus reduce both risk and prevalence? and (2) to what extent would basic income be an effective support for those encountering/recovering from various forms of GBV? Our analysis is driven by two definitional assumptions about economic security and basic income. That is, we consider economic security to be a state in which criteria for financial security, stability, and continuity are fulfilled, and conceive of basic income as a class of policies that share principles of simplicity, respect, economic security, and social inclusion.

The revival of the non-delegation doctrine, foreshadowed last term in Gundy v. United States, signals the end of a distinctive style of legal and political thought. The doctrine’s apparent demise after the 1930s facilitated the development of a methodological approach that embodied what Lon Fuller once called “the spirit of the Federalist Papers”: an open-ended engagement with the problem of designing democracy and controlling public power. At its best, this discourse was critical and propulsive, with each purported solution generating more questions than it answered. The turn against congressional delegations will likely bring to a close this period of open and self-critical experimentation. In its place, we are likely to see the emergence of warring visions of the administrative state, each claiming legitimacy — neither credibly — according to its own comprehensive normative doctrine.

In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigations (“EPILs”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon the above two legislative landmarks in the law reform of this area, the regulatory practice of prosecutorial organs can be viewed as having occurred in three stages, with each stage featuring a distinct regulatory model: ad hoc regulation through local innovation before July 2015, forced regulation during the legal experiment from July 2015 to July 2017, and perfunctory regulation after the nationwide establishment of the prosecutor-led civil EPIL system in July 2017. The data show that the Chinese prosecutorial organs have engaged in a larger number of such lawsuits since the second stage, but they have shown a strong preference for cases with less complicated facts, weak and small defendants, and minor environmental violations. Three factors that influence regulatory motivation are employed to analyse the change in regulatory models: the ambiguity of the law, the top-down political pressure for regulation, and the cost of regulation. This study highlights the very limited effectiveness of vertical political pressure in boosting prosecutorial regulation and the strong impacts of the cost of regulation and the ambiguity of the law. In particular, the high cost of regulation that takes weak regulatory capacity, lack of regulatory autonomy, and the winning rate-oriented performance appraisal system into account have significantly weakened the motivation of prosecutorial organs to pursue civil EPILs. The findings of this study echo the conditions present in the successful prosecutorial regulations in Brazil and contribute to the scholarship about prosecutorial regulations in the field of environmental protection in the Global South.

In light of the upcoming opportunity for Cyprus and other Member States to appoint by rotation an Advocate General (‘AG’) to the Court of Justice (‘ECJ’) in 2020-21, the objective of the present report taking the form of a discussion paper is to clarify the law and practice related to such appointments and set out recommendations accordingly. It does so by looking in particular into the relevant provisions of the Treaty on the Functioning of the European Union (‘TFEU’), namely the Article 253 TFEU requirements themselves, the reports of the Article 255 TFEU Panel, and the selection processes carried out at the national levels. Article 253 TFEU requires only that such nominees are persons whose independence is beyond doubt and who either meet the requirements for highest national judicial office or who are jurisconsults of recognised competence. An Article 255 TFEU Panel was established with the Treaty of Lisbon and is responsible for advising the Council of the EU on the suitability of candidates appointed to the Court of Justice of the European Union. The Panel has elaborated upon the Article 253 TFEU requirements, taking six considerations into account in their assessment: i. legal capabilities; ii. professional experience; iii. ability to perform duties of a judge (or Advocate General); iv. language skills; v. ability to work in a team in an international environment in which several legal systems are represented; and vi. whether their independence, impartiality, probity and integrity are beyond doubt.1 In a 2018 report, the Panel stated that ‘[i]t considers all professional paths in the field of law to be equally legitimate to apply for the office of Judge or [AG]’, ‘in particular, those of judge, university professor, jurisconsult, lawyer or senior official specialised in the field of law.’2 The Panel is further elaborated upon in Part I, including through its latest report published in January 2020. To further assist in understanding the nature of Advocate General appointments in the EU, a study was undergone into the law and practice at the national level related to ECJ appointments (Part II and the Tables in the Annex), and also into the characteristics of the profiles of the AGs that have been successfully appointed to date (Part III).

The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?"The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime would have at its core a new competition-based standard that, except in limited circumstances, would require that the FCC's regulatory activities be tied to findings of consumer harm resulting from lack of sufficient competition. The FCC's authority to adopt broad anticipatory rules on an ex ante basis would be substantially circumscribed, and the agency would be required to rely more heavily than is presently the case on ex post adjudication of individual complaints alleging specific abuses of market power and consumer harm. Some aspects of the FCC's current jurisdiction, such as privacy and data security regulation, might be transferred to the FTC in light of the FTC's institutional competence in these areas.

This paper was prepared in support of the mandate of Working Group III to consider the possible reform of investor-state dispute settlement (ISDS) for reasons of independence and impartiality. It outlines the deep flaws in the current design of ISDS on this issue and offers ideas about reforms to incorporate essential safeguards.

Various reasons explain why Europe lags behind other jurisdictions in Empirical Legal Studies, especially regarding judicial decision-making. One of them is a scarcity of field data, even on the highest tiers of adjudication. Civil law jurisdictions differ markedly from their common law counterparts in the emphasis they place on individual judges. Hence very little empirical data is available on how courts are composed and how that composition changes over time. The present project attempts to change that by easing access to such data and thus lowering the threshold for empirical studies on the composition of the judiciary. It creates a resource for Empirical Legal Scholarship in order to start closing a research gap and to inspire more European scholars to engage with the empirical aspects of civil law adjudication. Several thousand pages of German court documentation were digitized, transcribed into machine-readable tables (ready to be imported into statistics software) and published online. To explore new avenues for sharing public domain data, they were also modeled as linked open data and imported into a prominent data repository.

This paper focuses on an important subset of the knowledge economy: the area of scientific research. Wide dissemination and accessibility of scientific information in the online environment are at the core of today's knowledge economy. To a large degree, scientific information is embedded within scholarly works, such as journal articles, which are subject to copyright protection. Limitations most relevant to scientific research provided for in Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (InfoSoc Directive) are important tools to ease access to relevant information for purposes of scientific research on the end-user level. They need to be preserved and, where possible, adequately extended. However, even if widely introduced in all Member States and made immune against technological protection measures, these limitations alone may not guarantee wide dissemination and accessibility. The more publications become available in electronic form only, the greater the risk that libraries and scientific end users will face a single-source situation, forcing them to pay unreasonable prices or accept unreasonable conditions for accessing (for the most part publicly financed) scholarly contents, or to desist from using the relevant contents at all. Contractual arrangements between rightholders and users - as addressed in the Green Paper - are likely to benefit rightholders more than users. Limitations allowed for in the InfoSoc Directive cannot cope with these problems since they only take effect at the user level, i.e. when the content has already been procured. Wide dissemination and accessibility may need to be addressed also on the level of the intermediaries, e.g. by securing the existence of multiple sources and fair competition among publishers and other intermediaries with respect to the individual piece of scholarly work, such as an individual journal article. In this paper, we suggest certain elements that should be considered in the course of a legislative reform on the EU level, following a two-tier approach: (1) At the end-user level, limitations most relevant to scientific research should be mandatory, immune towards contractual agreements and technological protection measures, and should be construed as providing a bottom line, which national legislation should not fall below. In return, original rightholders should receive adequate compensation. (2) At the level of intermediaries, it is strongly recommended to follow up closely the developments in the scientific publication market, in particular concerning the situation of (publicly funded) research institutions vis a vis publishing companies and database producers. If certain negative effects cannot be mitigated otherwise, additional legal measures may have to be considered, which may be based on copyright or competition law, or even combine elements of the two, as will be addressed in part 2 of this paper.

Technological innovations are crucial drivers of economic, social, and environmental progress. Law and regulation are expected to enable innovation while protecting society from unintended consequences, such as risks to public health and the environment, privacy, data protection, and other fundamental rights and interests. However, law is often considered either as an obstacle to innovations or as unable to protect society from their risks. Moreover, the very notion of the Rule of Law as a principle governing legitimate exercise of power in democratic societies is undergoing change, and, in some extreme cases, might even be challenged where technological fixes are replacing traditional legal rules. This collection of policy papers is based on the sixth annual conference hosted by the Amsterdam Centre for European Law and Governance at the University of Amsterdam on 4 November 2016. Against the backdrop of revolutionary technological developments in the digital world as well as the impacts of technological innovations on health, safety and the environment, the contributors explore the relationship between law and technology with a particular focus on challenges and opportunities for EU law and regulation.

Widely known as the “Panama Papers,” the world’s largest whistleblower case to date consists of 11.5 million documents and involves a year-long effort by the International Consortium of Investigative Journalists to expose a global pattern of crime and corruption where millions of documents capture heads of state, criminals and celebrities using secret hideaways in tax havens. Involving the scrutiny by over 400 journalists worldwide, these documents reveal the offshore holdings of at least several hundred politicians and public officials, including the prime ministers of Iceland and Pakistan, the president of Ukraine, and the King of Saudi Arabia. More than 214,000 offshore entities appear in the leak, connected to people in more than 200 countries and territories.Since these disclosures became public, national security implications already include abrupt regime change, and probable future political instability. It appears likely that important revelations obtained from these data will continue to be forthcoming for years to come. Presented here is Part 1 of what may ultimately constitute numerous-installment coverage of this important inquiry into the illicit wealth derived from bribery, corruption, and tax evasion. This article proceeds as follows. First, disclosures regarding the treasure trove of documents from the Panama-based law firm, Mossack Fonseca are reviewed. Second, is a discussion of the impact and cost of bribery and corruption to the global community. Third, I define and briefly explore issues surrounding “tax evasion.” Fourth, the impact of social media and technological change on transparency is discussed. Next, a few thoughts about implications for future research are offered.

The Panama Papers refers to a massive leak of information encompassing more than 11 million documents involving more than 200,000 offshore entities. The leak originated in Panama. Some of the documents involve transactions as far back as the 1970s. Numerous wealthy individuals, including top government officials from many countries, have been implicated. The release of information and documents has led to several resignations and numerous lawsuits. The end of litigation is not in sight, as lawyers and government agencies in several countries continue to read and digest the information. Although there is nothing illegal per se about having offshore entities, some such entities have been used to hide assets, evade income taxes, launder money and evade sanctions. The whistleblower who leaked the information to Süddeutsche Zeitung, a German newspaper, called himself John Doe to maintain anonymity. He leaked the information because of his strong distaste for income inequality and because of his view that there were many injustices being perpetrated by some of the entities and individuals who were availing themselves of the entities. This paper discusses some of the underlying ethical issues that lurk beneath the surface of most discussions about hiding assets and income offshore. The discussion will focus on the ethics of parking profits (or hiding assets) offshore, tax evasion, bribery, and whistle blowers. This paper also includes links to more than 80 studies on tax evasion and 11 studies on bribery.

The previous two papers in this volume identified and commented upon a turn in case law towards narrowing down social rights for EU citizens while giving more attention to (nationalist) protective reflexes of Member States. Both papers criticize the type of solidarity that results from this case law; it marginalizes the weakest members of society, and excludes them from free movement rights. The case law raises doubts on the relevance of the citizenship provisions in the EU Treaties and the fundamental nature of the status of EU citizenship, and accordingly on the role of the Court of Justice of the European Union in the debate on welfare tourism. This paper concentrates on the latter. It will rely on and refer to the previous two papers where relevant. The questions underlying this paper are: Is the Court sensitive to the political context of fear for benefit tourism?1 Is the Court giving up its role as an engine for further integration by following the lead of the EU legislator?2 The paper will take a closer look at the arguments of the Court in the cases Brey, Dano and Alimanovic3 with the purpose of finding out whether it is possible to detect arguments underscoring the Court’s sensitivity to the political climate.

In 2015, in cooperation with ProQuest, Jisc commissioned this study of the Impacts of Digital Collections focused on two particular collections: Early English Books Online (EEBO) and House of Commons Parliamentary Papers (HCPP). These two collections are just a fraction of the number of collections that Jisc has purchased on behalf of its member institutions. While an understanding of these two collections is not necessarily generalizable to all digital collections (or even all Jisc-provided collections), they were selected because they are both relatively mature in the sense of having been available to users for over a decade, were thought to be well-known in the research community, and also appeal to users from multiple disciplines.The report includes 10 main highlights from the research:1. The context of the use of digital resources is changing, but these changes are incremental and have a long development cycle prior to the realisation of impact.2. The usage of both Early English Books Online and House of Commons Parliamentary Papers has been increasing steadily over the past decade.3. While researchers at top universities are most likely to use EEBO and HCPP, less research-intensive HE institutions also benefit from both collections.4. Researchers rely heavily on specific digital collections that they return to regularly, which is resulting in incremental changes in scholarly behaviour.5. Resource use in the humanities is extremely diverse, and this makes providing access to needed resources and tools particularly challenging.6. The citation evidence that is available shows a growing literature that mentions using EEBO or HCPP, and these publications in turn are reasonably well-cited.7. The number and range of disciplines that refer to EEBO and HCPP is much more diverse than expected.8. Researchers are more concerned with the content and functionality of the digital collections than in who provides the access.9. The UK is unusual for providing national-level access across institutions through Jisc’s national purchasing.10. Shifts to humanities data science and data-driven research are of growing interest to scholars, although there is still plenty of room for growth in this focus on digital humanities, particularly in teaching.The report concludes by arguing that digital collections have become fundamental to modern scholarship.

This report documents the reasons for health justice partnerships, the literature, the methodology, the field research which used a participatory action research approach with a continuous learning and development framework. This Draft Working Paper sets out the summary of qualitative and quantitative data, the findings, conclusions lessons and recommendation emerging from this longitudinal study on the Bendigo Health Justice Partnership, in advance of the Full Final Research and Evaluation Report which will be released in 2017.ARC Justice (specifically one of its programs, the Loddon Campaspe Community Legal Centre (LCCLC)) and the Bendigo Community Health Service formed a partnership in 2013 to commence a Health Justice Partnership (HJP) in January 2014 to better reach those clients experiencing disadvantage.ANU (through the author Dr Liz Curran) was commissioned to conduct empirical research and an evaluation of the pilot project's impact on the social determinants of health, its outcomes and the effectiveness of Health Justice Partnerships in reaching clients who would otherwise not gain legal help with a range of problems capable of a legal solution.This Draft Working Paper is released, in advance of the Full Final Report, so that agencies, researchers and funders and policy makers developing or working in Health Justice Partnerships or multi-disciplinary practices can benefit and be informed by the research and evaluation given the wide range of issues emerging from the research canvasses while the Full Final Report is finalised.The Full Final Research & Evaluation Report will be released in 2017 but, in the interim, people using SSRN can utilise the research for their work. This responds to the numerous requests to share the research at the earliest opportunity so as to inform service delivery and funding applications which may occur before the release of the Final Report.

The purpose of this paper is to establish that the Union is under an obligation to respect the rule of law when it acts externally, and second, to map out the outline of a research agenda on what exactly the rule of law might mean when operationalised in one field of EU external relations characterised by a wide variety of administrative activities i.e. the EU wider neighbourhood (Stabilisation and Association Process and European Neighbourhood Policy). Furthermore, the paper – throughout its development – will try to highlight that the power exercised by the administration in these two policies is significant and often carried out in an unregulated manner; thus the need to research the operationalisation of the rule of law in guiding the Union’s administrative power in these two policies. The paper will proceed as follows. First, it will analyse the obligation to respect the rule of law when the Union acts externally. Secondly, it will provide the reader with a very brief definition of what it means to respect the rule of law in the EU internal legal order. Thirdly, it will explain the choice of the case study. Finally, by using as a starting point the meaning of the rule of law internally the paper will attempt to provide a preliminary operationalisation of what it means to respect the rule of law when the Union develops and implements its action in the wider neighbourhood.

This paper shows that the European Union (EU) courts' case-law and general principles of EU law place the European Commission (“Commission”) under a duty to apply the Guidance Communication on Enforcement Priorities (“Guidance Paper”) in abuse of dominance cases started after its adoption. This duty includes the obligation to test Article 102 TFEU cases under the As Efficient Competitor (“AEC”) framework, as set out in the 2009 Guidance Paper. The judgments handed down by the Union courts in Intel v Commission and Post Danmark II do not alter in any way the Commission’s “self binding” duty to apply the Guidance Paper. If the Commission wishes to depart from the AEC framework, it must officially withdraw its Guidance Paper.

Considerable speculation has surrounded the impact of the Good Friday Agreement’s provisions on human rights upon the Conservative Government’s proposals for repeal of the Human Rights Act 1998. This Policy Paper seeks to demystify this aspect of the debate over the future of the Human Rights Act, examining the terms of the Good Friday Agreement as an international treaty and peace agreement and explaining its interrelationship with both the Human Rights Act and the Devolution Acts. Once some of the hyperbole that surrounds the Agreement and its attendant domestic legislation is removed, it can be seen that the impact of the Agreement is in some regards more extensive than has to date been recognised, whilst in other respects the Agreement has less impact than some of the supporters of the Human Rights Act claim. Reform of arrangements so fundamental to governance in the UK should not be taken lightly, but at present the offhand treatment of the place of the incorporation of the European Convention on Human Rights in the Northern Ireland settlement generates just such a danger.

We provide these comments in connection with the Australian Law Reform Commission’s ongoing study of copyright and the digital economy, and in particular its request for comments on the recommendations put forth in its Discussion Paper 79 (June 2013). We focus on US law, and how the US experience bears on the possibility of an open-ended uncompensated "fair use" type exception in Australia, and other related issues. The fair use doctrine in the US provides great flexibility, but that flexibility in many instances comes at the cost of certainty and predictability. We are not suggesting that reasonable judgments cannot be made about whether a particular use is fair; certainly experienced practitioners make such judgments daily. But fair use decisions are often complicated, and advice frequently depends as much on the amount of risk the user is willing to undertake as it does on the evaluation of the substantive law. Our point is not that fair use caselaw absolutely resists synthesis, but rather that the synthesis most successfully occurs at a high level of abstraction; individual actors, by contrast, need to know whether their particular plans will run afoul of the law. Legal literature has seen many attempts over the years to simplify or clarify fair use, both descriptive and prescriptive. But it would be premature to conclude that the law of fair use is or soon will be coherent and predictable. Guidelines could theoretically help in interpreting fair use, but the weight and value of guidelines depends on how they were developed.The ALRC Discussion Paper’s proposals could result in a broader fair use doctrine in Australia than in the US. Notably, fair use in Australia, as in the US, would exempt certain uses without countervailing compensation. But the proposed Australian version may embrace a greater range of commercial actors, thus altering the balance. The proposals include additional illustrative purposes; they would also permit commercial users to stand in the shoes of clients entitled to exceptions. The ALRC also proposes that contracts or contract provisions that attempt to bargain around library exceptions and certain fair use exceptions would be unenforceable. In the US, contracts concerning copyrighted materials are usually upheld. As a general rule, contract preemption does not serve to invalidate contract provisions that limit the exercise of copyright exceptions, and the doctrine of copyright misuse does so only in the most egregious of cases.Finally, in the US there is no exemption from anti-circumvention of technological access controls for such broad purposes as "exercising fair use" or "making noninfringing use." Certain narrow fair uses have been deemed exceptions pursuant to a triennial rulemaking conducted by the Copyright Office, but those exceptions must be revisited every three years.

The present paper seeks to explain how ethics and values in public policy can be result of different historical contingencies. Specifically, it explains the accomplishment of petroleum resource management in Norway. The main argument is that the success of this policy is an understanding of the ethics behind harvesting the resource rent of this non-renewable natural resource. To support the argument, the paper firstly describes a model of Recardian resource rent. Secondly, it investigates the set of values that were in place before the petroleum production started in the 1970s, as described in the influential white paper, “The role of petroleum activities in the Norwegian Society,” published in 1974. In the white paper, the government discussed the future opportunities, challenges, and responsibilities associated with the oil industry and how this would transform society. An important part of the white paper revealed the main ethical vision of the government, i.e., to build a “qualitatively better society” for the benefit of the people. Thirdly, the paper traces the historical roots of these values.

The origins of this White Paper can be traced to a discussion started in mid-2019 between a number of scholarly publishers and the Publisher Coordinator for Research4Life. These interlocutors voiced concern that while the publishing and research communities in the developed world were making steady and positive progress towards universal Open Access based on a ‘pay to publish’ model, those same communities in the less developed lower and middle-income countries (often referred to as the “Global South”) were being excluded from these discussions. An informal Task Force of publishers and other interested parties was set up to explore ways in which a transition to Open Access could be made more equitable, avoiding a situation in which the new model would simply shift the barrier from one place to another. The Task Force agreed that the first step towards addressing these challenges was to gather evidence about the progress already made towards Open Access in less advantaged regions, using the Research4Life country list as a proxy, and about the obstacles preventing it from progressing more rapidly. The International Centre for the Study of Research at Elsevier offered to carry out this analysis and to make the result widely available as a basis for further discussion and analysis. This paper presents those results and captures the conclusions from a workshop held at the 2020 Researcher to Reader Conference, at which the data formed the basis for debate over how to make an Open Access publishing system more equitable. The Chinese language version is available here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3914547

This short paper puts forth the idea of a “new external equilibrium” between the different actors of the European Union and proposes to revisit the classic dualism of exit and voice as suggested by Albert Hirschman and applied to European integration by Joseph H. H. Weiler. By resorting to the idea of an internal equilibrium between European institutions and member states in the early times of European integration, the paper develops the concept of “new external equilibrium” as a necessary balance in the external integration of the EU. It is suggested that a shift has occurred and that the traditional internal clash between the CJEU and member states has now transformed into a more complex discussion between a broader range of actors with different power-relations being formed. One the one hand we have the CJEU which, through the use of the principle of “autonomy” of the EU, claims a new voice and curbs external integration. On the other hand, member states and the remaining institutions push for further external integration and a globalized Union of law. After examining this new distribution of the relative power between institutions, member states and the CJEU, this chapter attempts to explain some of the controversial decisions by the CJEU regarding external integration, such as Opinion 2/13 or Opinion 1/17.

It is now more than a decade since the judgment in Halifax, and nearly two since it was referred to the CJEU by a UK court. It is hard to overstate its significance: the decision is arguably one of the most important ever delivered by the Court within the field of taxation, and beyond. Whilst there seems to be unanimous agreement as regards the existence of the principle, its exact nature is still a contested issue. In particular, the question that still lingers is whether the principle of prohibition of abuse of law should be characterised as a general principle, or as an interpretative principle. This short paper presents the case in favour of characterising the principle of prohibition of abuse of law as a general principle of EU, arguing that not only does it display the key characteristics of such principles but that, following the most recent CJEU decisions, its characterisation as such is now settled case law.

This report is the eighth in an annual series of publications, dating back to 2012, designed to share the latest stories, trends and research in social media usage from across the Middle East and North Africa (MENA). Using a wide variety of academic, industry and media sources, this White Paper identifies important insights from social media’s development over the previous year. Of particular note in 2019 is the continued, growing, importance of social media in the lives of Arab Youth, outside of Saudi Arabia and Turkey the declining usage of Twitter (once the poster child social network for the Arab Spring,) as well as greater scrutiny of social media usage by platform owners and governments alike. Last year’s report highlighted the increasing weaponization of social networks, a trend which continued in 2019. Facebook, Twitter and Telegram each closed hundreds of accounts due to inappropriate use by state sponsored actors and terrorist groups. Social networks were also the target of governments across MENA, in the midst of protests in many countries throughout the region. Meanwhile, the importance of social video and visually-led social networks, continued to grow from strength to strength. Snapchat introduced new advertising formats to the region and other exclusive functionality, Google highlighted the importance of YouTube in supporting parents and parenting, and in major markets such as Egypt, Saudi Arabia and the UAE, Twitter has emerged as a leading platform for online video consumption. The year ahead is likely to result in a continuation of many of the trends outlined in this report, as social media becomes increasingly engrained across the lives of businesses, governments and residents across the MENA region.

The rapid spread of artificial intelligence (AI) systems has precipitated a rise in ethical and human rights-based frameworks intended to guide the development and use of these technologies. Despite the proliferation of these "AI principles," there has been little scholarly focus on understanding these efforts either individually or as contextualized within an expanding universe of principles with discernible trends. To that end, this white paper and its associated data visualization compare the contents of thirty-six prominent AI principles documents side-by-side. This effort uncovered a growing consensus around eight key thematic trends: privacy, accountability, safety and security, transparency and explainability, fairness and non-discrimination, human control of technology, professional responsibility, and promotion of human values. Underlying this “normative core,” our analysis examined the forty-seven individual principles that make up the themes, detailing notable similarities and differences in interpretation found across the documents. In sharing these observations, it is our hope that policymakers, advocates, scholars, and others working to maximize the benefits and minimize the harms of AI will be better positioned to build on existing efforts and to push the fractured, global conversation on the future of AI toward consensus.

The establishment of a sovereign debt restructuring mechanism (SDRM) is one of the important issues in the academic debate on a viable constitution for the European Monetary Union (EMU). Yet the topic seems to be taboo in official reform contributions to the debate. Against this backdrop, the article identifies the SDRM interests of key players, including the European Commission, the European Parliament, the European Central Bank and national governments. The empirical section takes advantage of the recently established EMU Positions Database. The findings confirm political economy expectations: Low-debt countries support an EMU constitution that includes an insolvency procedure whereas a coalition of high-debt countries and European institutions oppose it. The analysis points towards a possible political-economic equilibrium for coping with sovereign insolvencies: an institutional set-up without an SDRM and with hidden transfers. Recent European fiscal innovations in response to the Covid-19 solvency shock confirm this prediction.

This report is the sixth in a series of annual reports designed to highlight key developments and data related to usage of social media in the Middle East and North Africa. As in previous reports, this White Paper captures insights from a wide variety of academic, industry and media sources, distilling the key lessons from the past year. Social Media adoption, and usage, around the world continues to rapidly evolve; and the Middle East is no exception. This 2017 research and industry round-up highlights the increasing prominence of visually led social media in the region, and the ongoing popularity of Facebook’s different products.

This short paper, which appeared on the Law360 blog, is an effort to think through the consequences of the proposed April 2016 settlement of the Uber drivers' lawsuits. This paper makes reference to the special issue of the Journal of Comparative Labor Law & Policy that is dedicated to the legal and economic issues surrounding crowdwork.

How do countries adapt their overall defence policy to deal with mutating scenarios? In this paper, as part of a broader research agenda, we try to address these questions focusing specifically on the evolution of Italian defence policy as it evolved since 2001. The focus of the paper is on the evolution of national doctrine as it emerges from the analysis of strategic doctrine. What we look at here is the “process of translation” from the political to the military level, as embodied by key political strategic documents, and its evolution over time. To do so, the paper examines the Italian White Papers on Defence of 2002 and 2015 through qualitative and quantitative (content) analysis.

Stimulated by the European Commission’s White Paper on the Future of Europe, this article engages critically with the Commission’s five scenarios. Driven by a normative ambition of equipping the EU with adequate constitutional, institutional and socio-political means for coping with its many crises, the article argues in favour of the reformist vision of the EU’s future. It claims that a new constitutional process for European integration should be launched. On its basis the EU would be reconstituted as a union, a special federal constitutional form, embedded in the normative spirit of pluralism. The article presents the arguments in favour of such a scenario and flashes out the reasons for which the many constitutional actors in the EU, as well as the latter as a whole, could benefit from it. It concludes that in the following few months there might emerge a historical window of opportunity for a qualitative reformist leap in the process of European integration. While the way back to the glorious days of the nation state is effectively closed off and the present status quo in the EU is plainly unsustainable, the article sketches a theoretical framework for the reformed European Union of tomorrow.

New Yorkers are now safer in the city than they have been in years. Yet tensions between police officers and the communities in which they work have continued to mount in New York, as in other cities across the country. Just this past summer, racial violence erupted in Milwaukee and Baton Rouge in response to the fatal shooting of Philando Castile and Alton Sterling. Milwaukee joined other cities like Baltimore and Ferguson, Mo., in which police killings have been seen as brutal evidence of the disrespect that many African Americans say the police show them. The challenge facing the NYPD today is to maintain safe streets while ushering in a new era of mutual respect between officers and local communities. At this early stage of digital technology adoption, the NYPD’s attempt under Commr. William Bratton (2014-2016) to change the culture of policing by enriching communications between police and neighborhoods holds lessons for public agencies across the U.S. during a period of intense volatility. This white paper explores NYPD’s adoption of Twitter and an ideation platform called IdeaScale that was aimed at allowing community members to nominate “quality of life” issues for resolution by the police. It examines the department's pivot to Facebook as an interactive communications platform following its experience with IdeaScale. It connects these initiatives to the NYPD’s overall push for Neighborhood Coordination Officers throughout the city. Finally, it pulls together information about NYPD’s revisions to its training and recruitment programs and the department’s ongoing efforts to upgrade its basic digital assets, from precinct Internet access to smartphones. These programs, all made possible by Commr. Bratton’s strong leadership, were designed to create a virtuous cycle: The NYPD’s social media, neighborhood policing, and new recruiting and training programs aimed to increase mutual respect by helping officers understand and enhance their responsibility to serve and protect New York City communities — and help community members see police officers as human beings. Stronger community relations may, in turn, support crime prevention. Shifting from a confrontational to a collaborative approach may encourage community members to come forward when they learn about crime. And all of these steps are designed to lead policing away from an exclusive focus on crime reduction and towards a balanced strategy of crime prevention and community outreach — an effort, in Commr. Bratton’s words, to move from a “warrior” to a “guardian” policing mindset.

This White Paper, the third in a series assessing state efforts to take over federal public lands, addresses state claims to the minerals underlying those lands. Using Utah as an example, we argue here that even if states overcome extremely long odds to convince a court that the federal government is obligated to dispose of more public land, and that such a disposal obligation necessitates giving the public domain to the states, well established legal principles would prevent grants of most mineral lands to the states. Moreover, any mineral rights that states did obtain would be realized only after years of costly site-specific litigation — litigation above and beyond that required to test the validity of their efforts to compel disposal. Mineral title is important because Utah’s best, and perhaps only, hope of covering management costs involves mineral development. Indeed, during 2013, federal mineral leasing (primarily oil, natural gas, and coal) produced 93-percent of all revenue derived from the targeted public lands. Taking on the management of millions of acres of new land without simultaneously securing a source of funding to fulfill those obligations would be contrary to the state’s best interests.

The numerous studies made of the persistence of the co-operative movement during the course of the 20th century, have often distinguished between economic efficiency and the ethical values (or ideologies) in questioni, as if the two were separate phenomena moving in parallel irections. However, over the past fifteen years at least two pproaches have led to an interweaving of the cultural aspects of co-operation with the question of economic efficiency: the Putnam’s concept of social capital and he property rights model based on the work of Henry Hansmann. In associating myself with an approach, where efficiency is linked with “culture”, I wish to examine the cultural components of the Italian cooperative movement which emerged from three different socio-cultural traditions: liberalism, catholicism and socialism. Despite their differences, all three seem to share what we refer to here as the “ideal of community happiness”, that is the ideal of a collaboration among citizens for the improvement of the standard of living of the whole community. In this paper we will measure the popularity of this culture in the various Italian regions by per capita welfare expenditure in 1880 and 1900. At that time everything spent for helping people in need was given by friendly societies, catholic charities and local councils and nothing came from the central state. Therefore only the spreading of non-profit societies and a proactive attitude by local councils could generate high per capita welfare expenditure. Indeed, such indicator would seem to be closely linked to co-operative expansion during the second half of the 19th century, and would thus appear to provide an explanation for the non-homogeneous 212 geographical distribution of Italian co-operatives. The main conclusion of this essay is that in the early stages the link with the political and cultural movements was crucial not only for the emergence but above all for the viability of cooperative enterprises by reducing the costs associated with collective decision making.

Taking as its point of departure, a Green Paper published by the UK government in 2008 urging greater emphasis on responsibilities, this essay considers various senses of "responsibility" that may be thought important in and around the topic of individual rights. Most likely, the authors of the Green Paper had in mind responsibilities that are correlative to rights and responsibilities that qualify rights or limit their exercise. But an additional idea - which has not been properly considered - is the idea of rights which ARE (in large part) responsibilities, rights which embody responsibilities. An obvious example is the right of a parent to bring up his or her child; it is certainly a right, but it makes reference to an important task that has to be fulfilled in society (the upbringing and nurture of this child) and it assigns that task as a responsibility to the parents and protects them in that assignment (while also supervising them in their performance of it). Once you start thinking in these terms, many rights or claims of right have this structure: think, for example, of the right of gay people to serve in the military; or, from an earlier period, the right of women to serve on juries. In exploring this conception of "responsibility-rights," I relate it to the topic of dignity, inasmuch as the human dignity principle retains some aspects of dignity's earlier association with rank and role. I consider the possibility that human dignity generally can be understood as a source of responsibilities as well as rights, or - along the lines of my conception - as a source of protected normative positions which comprise elements of both. I don't suggest that all rights have this form, but I believe it is a highly illuminating conception nonetheless.

In educational research, qualitative studies have varied meanings. This short paper reviews the conceptual underpinnings of ethics in qualitative social science research and its importance to the emerging field of nanotechnology. The paper is aimed at showing a pathway by which the researcher might tackle ethics in a more effective way to achieve the desired results and whether different ethical values are needed in qualitative social science research of nanotechnology.

This white paper discusses the negotiations during the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court held in Rome, Italy in 1998 that resulted in the establishment of the International Criminal Court (ICC). It was drafted in my capacity as head of the delegation of the Geneva-based International Service for Human Rights on the basis of my delegation's notes, our discussions with delegates, official Conference documents, and reports issued by NGOs and the Coalition for an International Criminal Court during the Conference. The paper provides a brief overview of the Statute with an emphasis on the way in which the key outstanding issues were resolved at the Diplomatic Conference and the positions taken by various delegations. It focuses on the debates surrounding substantive law and the jurisdictional regime at the expense of the more technical provisions governing the conduct of investigations and trial.

The paper offers an empirical analysis of private antitrust enforcement in Germany based on cases that were decided by courts between 2005 and 2007. The study presents information about the magnitude and nature of civil antitrust actions in Germany. The data includes inter alia, information about the courts involved in litigation, the relationship of the parties, affected industries, the remedies sought, the outcome of the claim, the alleged anticompetitive conduct, the proportion of stand-alone and follow-on litigation, and the length of proceedings before a given court. The study shows that a large number of private cases were concluded even when compared with public investigations in Germany. It seems that private antitrust actions complement rather than duplicate public enforcement efforts because of the overwhelming proportion of stand-alone claims and the amount of actions based on the abuse of market power. Only a small number of litigants asked for the compensation of loss suffered from anticompetitive conduct. Interpreting the results from the study cautiously, the paper suggests that the European Commission and other stakeholders may have misunderstood the nature of private actions in Germany (and maybe Europe) and, consequently, asked the wrong question, focusing on compensation. Expensive damages actions for the breach of the antitrust rules might not be as important as commonly assumed.

In this EUDO CITIZENSHIP Forum Debate, several authors consider the interrelations between eligibility criteria for participation in independence referendum (that may result in the creation of a new independent state) and the determination of putative citizenship ab initio (on day one) of such a state. The kick-off contribution argues for resemblance of an independence referendum franchise and of the initial determination of the citizenry, critically appraising the incongruence between the franchise for the 18 September 2014 Scottish independence referendum, and the blueprint for Scottish citizenship ab initio put forward by the Scottish Government in its 'Scotland's Future' White Paper. Contributors to this debate come from divergent disciplines (law, political science, sociology, philosophy). They reflect on and contest the above claims, both generally and in relation to regional settings including (in addition to Scotland) Catalonia/Spain, Flanders/Belgium, Quebec/Canada, Post-Yugoslavia and Puerto-Rico/USA.

Each year dozens of workers are killed, thousands of children harmed, and millions of dollars wasted because of unjustifiable delays in federal regulatory action. Such delays in regulatory action have become commonplace, part of the wallpaper of Washington’s regulatory process for the protector agencies-the Consumer Product Safety Commission (CPSC), EPA, the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA), and OSHA.Despite its significance, the problem of regulatory delay and the costs it generates has been virtually ignored in the debate over the general wisdom of the U.S. regulatory system over the last 30-plus years. Opponents of the regulatory system have deliberately framed this debate in terms of the “costs and benefits” of regulatory action, implying that regulatory inaction caused by regulatory delay is somehow cost-free. The one-sided nature of this debate is perhaps best exemplified by the White House Office of Management and Budget’s annual Report to Congress on the Benefits and Costs of Federal Regulations, as required by the 2001 Regulatory Right-to-Know Act. These annual reports document in painstaking detail the quantified and monetized costs and benefits of regulatory action, providing aggregate estimates of these costs and benefits for many of the regulations that federal agencies have issued over the previous year as well as over the previous ten years. Not once, however, have these reports ever sought to document the costs of regulatory delay.The problem with ignoring the costs of regulatory delay is that it provides an incomplete picture of the value of the U.S. regulatory system - one that is inevitably skewed against stronger regulatory protection. Broadly speaking, the purpose of this white paper is to begin the process of filling in the rest of this picture, so that in the future the debate over the general wisdom of the U.S. regulatory system can continue on more robust and balanced terms. To this end, this white paper presents three case studies. Each tells the story of a recent or ongoing example of regulatory delay that has caused real harm to Americans and their environment.

The need for a sustainable, secure and competitive energy supply has long been recognized within the Community, and has been addressed on numerous occasions, notably in the Green Papers elaborated by the Commission in 2000 and 2006. Recent supply crises and rapidly escalating fuel prices have focused the minds of leaders across the European Union, as well as those of businesses and individual energy consumers. Energy policy transcends a range of different policy areas, including competition, transport, environment and energy itself. Decisions relating to energy policy in Europe are primarily within the remit of individual Member State governments, with the European Commission’s powers limited to two specific areas (creation of the European single market and matters relating to nuclear safety and security under the EURATOM Treaty). The extent of the transfer of powers towards Europe is clearly a critical decision point and in practice a sensitive balance is likely to be required between those matters for which the Commission should have responsibility and those where Member State governments retain sole authority. European officials are putting into evidence their belief that Europe’s energy predicament is acute and mention energy security as a priority issue for the Common Foreign and Security Policy. Policy commitments say that energy strategy must move beyond the internal sphere and become systematically a part of EU external relations. The Commission’s 2006 Energy Green Paper promised “a better integration of energy objectives into broader relations with third countries”.

Following the structure defined in the Review of the Consumer Acquis of 2004, the Commission adopted a Green Paper on 8 February 2007 and launched a consultation on some key issues on the future developments of EC consumer law. The Review of the Consumer Acquis (i.e. eight consumer directives) should, accordingly, focus on the level of harmonization of the Consumer Acquis and the relevant instruments. There seems to be a trend the Commission towards the need to shift from minimum to maximum harmonization, and the adoption of a horizontal instrument containing a set of "Principles" of European Consumer Contract Law. In this working paper I briefly discuss some ideas on the governance of EC Consumer Law, i.e. how responsibility for consumer protection is shared between the European Union and its member states, the actors involved in the field (particularly the national courts) and the (formal and informal) instruments of consumer protection. These questions are intimately interlinked, and the answers are of deep significance as they will map the future of European consumer protection policy.

Since 1998, the World Health Organisation has recognised obesity as a problem of epidemic proportions. As none of the EU Member States is spared, the European Commission has recently published a Green Paper aimed at gathering evidence on how it could develop an obesity prevention strategy at European level. It is therefore the right moment to reflect on the principles which should guide EU policy in this field. This paper concentrates on one particular aspect of obesity prevention, namely the role that the European Union can play to curb the epidemic by regulating how food is marketed to consumers. That is not to say that the regulation of food advertising will, on its own, solve this public health issue. Obesity being by definition a multifactorial disease, the concerted action of all stakeholders is crucial to the successful outcome of the strategy which the Commission will choose to adopt.

This short paper contains comments prepared for the 'Foundational Principles of Contract Law Roundtable’ held at Berkeley in January 2013. It discusses the relationships between contract law and democracy, between contract prices and human dignity, and between the American doctrine of unconscionability and the European doctrine of unfair exploitation contained in the proposed Common European Sales Law.

A short paper to explain the current status of the Lake Management Plan Between the State of Idaho and the Coeur d'Alene Tribe.

Wider involvement and better knowledge are keywords in the recent White Paper on European Governance. The political discourse has, quite obviously, taken up the academic debate about the importance of ideas and networks. The Commission is seen as an ideational entrepreneur which by arguing and networking is able to induce autonomous actors with quite diverse interests to follow a European course of action. Regional policy has been a most promising field of research to confirm this hypothesis. Recent investigations can be read, however, in quite a different way. The paper questions established conventional wisdom concerning the importance of European ideas and networks for policy change and raises the question how ideational and network competition could be explored in a better way.

Matched employer-employee (panel) data sets are gaining increasing importance in the analysis of labour markets. In collaboration with Statistics Austria we recently initiated the set up of a matched employer-employee panel data set for Austria, which covers the years 2002-2005. The aim of the paper is to introduce the data set to a broader audience. We first present the set up of the panel data, indicating in more detail the data sources and matching procedure underlying the matched employer-employee data set for Austria. In a second step we show descriptive statistics of the main variables included in our data set. These various statistics encompass three levels of analysis: the aggregate level (i.e. the entire sample), firm level and individual (employee) level.