Limitations to Text and Data Mining and Consumer Empowerment: Making the Case for a Right to Machine Legibility

Ducato, Rossana; Strowel, Alain

doi:10.2139/ssrn.3278901

Cited by 5 publications

(4 citation statements)

References 29 publications

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“…Besides, the exemption appears to target the TPM instead of the purpose of the circumvention. There is a legitimate need for a broad access to data including copyright works for the purpose of training artificial intelligence systems so as to produce more precise and insightful results (Ducato & Stowel, 2019), regardless of the type of TPM involved. Hence, there should be parallel exceptions under the TPM and ERMI provisions to accommodate artificial intelligence research and development.…”

Section: The Possible Approachesmentioning

confidence: 99%

Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law

Sik

2021

World Intellectual Property

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The development of artificial intelligence draws heavily on training data which may be comprised of copyright works. Utilization of copyright works as such raises questions on copyright infringement as well as the possibilities of the usage being excused under the existing law. There are also concerns with respect to accessing copyright works in digital formats that are commonly protected by digital rights management tools. Restrictions on such usage may hamper the research and development of artificial intelligence applications. This paper examines the said issues with specific focus on first, the applicability of a seemingly Americanized fair dealing exception to copyright infringement under the Malaysian Copyright Act 1987; and second, the exceptions to legal protection of digital rights management. In doing so, the paper studies the existing models of the United States, United Kingdom, and the European Union. It ends with suggestions as to how copyright law may respond to the emerging needs and provide adequate latitude with the aim to promote research and development of artificial intelligence which would ultimately benefit the public at large.

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Section: The Possible Approachesmentioning

confidence: 99%

Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law

Sik

2021

World Intellectual Property

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“…According to article 12(7) GDPR, the information related to the personal data collection and processing can be provided to data subjects "in combination with standardized icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically, they shall be machine-readable".22 Considered as a "highly behaviorally-informed legal innovation" (Ducato & Strowel, 2018), this formulation provides guidance on creating informed and express digital consent mechanisms. Article 7(2) GDPR clarifies that when consent is required, it should be presented in "a manner, which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language".…”

Section: Technical Improvement Of Consentmentioning

confidence: 99%

Algorithmic systems: the consent is in the detail?

Γιαννοπούλου¹

2020

Internet Policy Review

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Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. Consequently, there is a misalignment created between algorithmic processing of personal data and the corresponding regulatory frameworks since they both strive for meaningful control over personal data.However, the challenges to the traditional role and the concept of consent are particularly manifest. This article examines the transformation of consent in order to assess how the concept in itself as well as the applied models of consent can be reconciled to correspond not only to current data protection normative frameworks but also to algorithmic processing technologies. This particularly pressing area of safeguarding a fundamental aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used. Moreover, it relates to adopted interpretations of the concept of consent, to the scope of application of personal data, as well as to the obligations enshrined in them. What makes consent efficient as a data protection tool? Can its previous glory be maintained within the current techno-legal challenges?

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“…Há uma segunda camada, composta por restrições tecnológicas ao acesso ou uso de bases de dados 12 , e, ao menos, ainda, uma terceira, sob a forma de proibições legais de burla desses mecanismos, mesmo quando não há violação direta de qualquer direito incidente sobre o material 13 . Isto impacta diretamente atividades essenciais à pesquisa, como verificação, reprodutibilidade e comunicação dos resultados, ao permitir ou limitar quem pode fazer que tipo de pesquisa, utilizando que tipo de material e em que condições 14 , 15 , 16 . Isto se sobressai na TDM, que necessita da maior disponibilidade de fontes possível - as quais nem sempre existem em acesso aberto.…”

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Mineração de textos e dados na pesquisa em saúde: reflexões sobre direitos autorais

Souza,

Schirru,

Alvarenga

2024

Cad. Saúde Pública

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Limitations to Text and Data Mining and Consumer Empowerment: Making the Case for a Right to Machine Legibility

Cited by 5 publications

References 29 publications

Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law

Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law

Algorithmic systems: the consent is in the detail?

Mineração de textos e dados na pesquisa em saúde: reflexões sobre direitos autorais

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