As most will be at least vaguely aware, Europe is expecting… the arrival into force of the EU General Data Protection Regulation – the GDPR – is now only 9 months away. This significant overhaul and enhancement of European data protection legislation is the brain-child of the EU Commission, Parliament, and Council. It has also most likely been sired by Germany, with many of the new rules regarding data subject rights to access, deletion, and portability heavily influenced by German legal thinking in this area. As Dr. Sebastian Golla has pointed out, the German Constitutional Court has stated in its decisions that the basic right to informational self-determination (Informationelle Selbstbestimmung) is the basis of German Data Protection Law. Continue reading We’re Expecting… 9 Months to Go to GDPR Overhaul of EU Data Protection Regime
Since my departure from the world of full-time academia, I have dedicated noticeably less time to writing new content for this site – however, not for want of subject matter. In the course of my recent work on AML (Anti-Money Laundering) and CFT (Countering the Financing of Terrorism) I have been deeply engaged with an old favourite topic of mine – digital payment methods. Specifically, both e-money and virtual currencies have cropped up on numerous occasions as innovative, though oft ill-understood, developments, which are raising a number of issues for AML/CFT and regulation more broadly. In this post, I will attempt to give a quick overview of virtual currencies from a prospective regulatory angle, focusing on the importance of clear and logical definitions (where possible), but leaving any more technical analysis of individual virtual currencies or underlying blockchain or distributed ledger technologies to another day. Continue reading The Virtual Currency Gold Rush and the Regulatory Wild West
If you are a video game enthusiast, a fan of DC’s favourite parentless posterboy, or simply a person who has paid attention to Twitter, Facebook or one of the various platforms through which we crowd-source our real-time news, you may have heard that a little, hotly-anticipated game, entitled Batman: Arkham Knight was released this week… You may also have heard that a number of people were rather less than delighted with the quality of said game at release – particularly the PC gaming community, a difficult community to placate at the best of times. What seems to have happened is that Warner Bros, the publishers behind this game, have released a PC-port (meaning the game was primarily designed for console and then adapted for PC) which is laughably unfinished, riddled with graphical issues, and plagued by problems with stuttering and freezing (OK, I’m not quite out of Batman villain references, but this could go on for days). In the wake of this debacle, they have been quick to suspend sales of the PC version, pending further invesitgation. Continue reading Batman: Arkham Knight – The Video Game Refund You Deserve
So far 2015 had been looking like a good year for proponents of net neutrality, with the somewhat unexpected victory in the US that came with the FCC passing new regulations, strictly enforcing net neutrality on a 3-2 vote. However, there was a bit of an upset last week in the European battle over net neutrality when some of the widely-praised and popular proposals for telecommunications reforms were back-tracked upon by the European Commission and the majority of the national representatives of the Member States in the European Council. As WIRED UK puts it;
Less than a year after the European Parliament voted to enshrine net neutrality in law, the principle has come under attack by the European Commission.
I was recently lucky enough to be asked to give a short presentation at the 2014 Edinburgh Postgraduate Law Conference, entitled “Innovation in the Law: New Challenges, New Perspectives“. The organising committee, in conjunction with the Edinburgh Law School and the Institute for Academic Development put on a great two-day event, creating a brilliant opportunity for PhD students, early career researchers, established academics and interested parties to swap ideas, talk at length about their personal obsessions, bemoan the constant struggles that are funding, exercising the power to say “no”, and engage in ample usage of the term “interdisciplinary”. I’d like to thank again all involved in the organisation of a thoroughly enjoyable event, and of course the Forschungsstelle für Verbraucherrecht for continuing to finance my wanderings around Europe in the name of digital consumer protection.
The talk I gave in the panel on “Technology and Law: Confronting Uncertainty, Testing Promises“, was entitled “2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content“, the article and slideshow for which you can find below. Rather than the traditional (and oft beset by delays) practice of publishing conference proceedings in a printed version, the conference chose the novel approach of asking the speakers to present their ideas in a 1,000-word blog post, which was then made available on the conference website for anyone who wanted to read up on the topics in advance on the talks. I thought this was a particularly useful tool in preparing for the panels I attended. Continue reading 2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content
Exactly one month ago, on the 29th of September 2014, I gave a talk in the LVR-LandesMuseum in Bonn at the International Conference on Consumer Research 2014 – “Challenges for Consumer Research and Consumer Policy in Europe”. This was also the event at which I had the pleasure of hearing Professor Armin Falk’s talk on mice, morals and marketplaces (which I wrote about in “Of Mice and Markets“). I would like to thank Dr. Christian Bala and the Kompetenzzentrum Verbraucherforschung NRW again for the opportunity to talk at this conference, and bore a captive audience with my thoughts on the future of net neutrality policy in Europe. Continue reading A More European Approach to Net Neutrality
“Network Neutrality”, more commonly referred to as simply “Net Neutrality” is the concept, coined by Columbia media law professor Tim Wu, that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially based on user, content, website, platform, application, type of attached equipment, and modes of communication. Continue reading Why Consumers Should Be Worried About Net Neutrality