Natali Helberger

Software als Institution und ihre Gestaltbarkeit

ZusammenfassungSoftware regelt immer mehr zwischenmenschliche Interaktionen. Üblicherweise werden die Funktionsmechanismen, Wirkungen und Gestaltungsoptionen von Regeln in der Institutionenforschung behandelt. In diesem Artikel soll beleuchtet werden, inwieweit sich Ansätze der Institutionenforschung auf Software anwenden lassen und was sich aus dieser Forschungsperspektive zu den Regelungswirkungen und Gestaltungsoptionen von Software ableiten lässt.

Should We Worry About Filter Bubbles

Some fear that personalised communication can lead to information cocoons or filter bubbles. For instance, a personalised news website could give more prominence to conservative or liberal media items, based on the (assumed) political interests of the user. As a result, users may encounter only a limited range of political ideas. We synthesise empirical research on the extent and effects of self-selected personalisation, where people actively choose which content they receive, and pre-selected personalisation, where algorithms personalise content for users without any deliberate user choice. We conclude that at present there is little empirical evidence that warrants any worries about filter bubbles.

Online tracking: Questioning the power of informed consent

Purpose – The paper aims to report the main findings of a study for the Dutch Regulatory Authority for the Telecommunications sector OPTA to explore how the new European ‘‘cookie rules’’ in the ePrivacy Directive impact on behavioral advertising practices via the storing and reading of cookies. The paper identifies the main dilemmas with the implementation of the new European rules. The Dutch case provides a valuable reality check also outside The Netherlands. Even before the amendment of the directive, The Netherlands already had an opt-in system in place. From the Dutch experience important lessons can be learned also for other European countries. Design/methodology/approach – After a brief analysis of the legal situation in Europe and in The Netherlands (section 2), section 3 reports about the findings of a survey among the main providers of targeted advertising in The Netherlands to explore the current use of cookies and targeted advertising practices. Section 4 describes the findings of a qualitative survey among Dutch internet users with the goal to define their level of skills and knowledge, acceptance of and behavior towards the placing and reading of cookies. A concluding section (section 5) summarizes the main findings and identifies implications for the future policy debate. Findings – The results show that the majority of the surveyed parties involved in behavioral advertising do not inform users about the storing of cookies or the purposes of data processing of the subsequently obtained data, neither have they obtained users’ consent for the storage of cookies. The authors also found that the majority of users lack the skills and knowledge to handle cookies. Social implications – The findings critically question the wisdom of the ‘‘informed consent regime’’ that currently lies at the heart of Europe’s ePrivacy Directive. The paper concludes with reflections about the concrete policy implications of the study, and a number of concrete suggestions of how to approach the future debate with regard to the regulation of online tracking and cookies. Originality/value – The approach of the paper is original in that it combines legal analysis with two surveys: one among behavioral advertisers and one among online users. This approach permits us to better understand the efficacy of the new legal rules, to make predictions regarding the level of compliance with the new rules and identify areas in this highly topical debate that require further attention.

Clash of cultures - integrating copyright and consumer law

Purpose – This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult. Design/methodology/approach – Following a normative approach to copyright and consumer law based on an analysis of the relevant literature and case law, the article examines in which situations consumers encounter obstacles when trying to rely on consumer law to invoke ‘‘privileges’’ granted to them under copyright law, such as the private copying exception. Findings – Research shows that most difficulties lie in the fundamental conceptual differences between consumer law and copyright law regarding the objectives and beneficiaries of each regime, as well as diverging conceptions of ‘‘property’’, ‘‘user rights’’ and ‘‘internal market’’. Such discrepancies undeniably follow from the fact that each regime traditionally never had to deal with each other’s concerns: consumers never played a role in copyright law, whereas copyright protected works were not seen as consumer goods. Originality/value – By identifying the main conceptual differences between the two legal regimes, the article contributes in an inter-disciplinary manner to the discussion on the place of the digital consumer under European law.

Governing online platforms: From contested to cooperative responsibility

ABSTRACT Online platforms, from Facebook to Twitter, and from Coursera to Uber, have become deeply involved in a wide range of public activities, including journalism, civic engagement, education, and transport. As such, they have started to play a vital role in the realization of important public values and policy objectives associated with these activities. Based on insights from theories about risk sharing and the problem of many hands, this article develops a conceptual framework for the governance of the public role of platforms, and elaborates on the concept of cooperative responsibility for the realization of critical public policy objectives in Europe. It argues that the realization of public values in platform-based public activities cannot be adequately achieved by allocating responsibility to one central actor (as is currently common practice), but should be the result of dynamic interaction between platforms, users, and public institutions.

Standardizing consumers' expectations in digital content

Purpose – The purpose of this paper is to make suggestions of how to improve the legal standing of consumers of digital content products.Design/methodology/approach – The analysis in this paper is based on desk research and comparative legal research, among others in the context of research performed in the context of a grant from the Netherlands Organization for Scientific Research (NWO) and, in parts, on a study performed for the European Commission by Loos et al.Findings – This paper demonstrates that the legal and technical complexities of digital content products and the resulting lack of a clear notion of which product characteristics are still reasonable and normal can result in uncertainty for consumers and businesses, or even a lower level of protection for digital content consumers, as compared to consumers of more conventional products. In order to improve the protection of digital content consumers, defaults for the main functionalities and characteristics of digital content products may be ne...

Do not blame it on the algorithm: an empirical assessment of multiple recommender systems and their impact on content diversity

ABSTRACT In the debate about filter bubbles caused by algorithmic news recommendation, the conceptualization of the two core concepts in this debate, diversity and algorithms, has received little attention in social scientific research. This paper examines the effect of multiple recommender systems on different diversity dimensions. To this end, it maps different values that diversity can serve, and a respective set of criteria that characterizes a diverse information offer in this particular conception of diversity. We make use of a data set of simulated article recommendations based on actual content of one of the major Dutch broadsheet newspapers and its users (N=21,973 articles, N=500 users). We find that all of the recommendation logics under study proved to lead to a rather diverse set of recommendations that are on par with human editors and that basing recommendations on user histories can substantially increase topic diversity within a recommendation set.

Differences in mobile health app use: A source of new digital inequalities?

ABSTRACT This article provides a more differentiated understanding of mobile health consumers, and considers whether health app use may contribute to new digital inequalities. It focuses on factors associated with mobile health app use, and identifies which factors explain the use of different types of health apps. Data from a large representative sample of the Dutch population (N = 1,079) show that mobile health app users were generally younger, higher educated, and had higher levels of e-health literacy skills than non-users. Interestingly, different usage patterns were found for specific types of health apps. Theory and policy implications are discussed.

Democratizing algorithmic news recommenders: how to materialize voice in a technologically saturated media ecosystem

The deployment of various forms of AI, most notably of machine learning algorithms, radically transforms many domains of social life. In this paper we focus on the news industry, where different algorithms are used to customize news offerings to increasingly specific audience preferences. While this personalization of news enables media organizations to be more receptive to their audience, it can be questioned whether current deployments of algorithmic news recommenders (ANR) live up to their emancipatory promise. Like in various other domains, people have little knowledge of what personal data is used and how such algorithmic curation comes about, let alone that they have any concrete ways to influence these data-driven processes. Instead of going down the intricate avenue of trying to make ANR more transparent, we explore in this article ways to give people more influence over the information news recommendation algorithms provide by thinking about and enabling possibilities to express voice. After differentiating four ideal typical modalities of expressing voice (alternation, awareness, adjustment and obfuscation) which are illustrated with currently existing empirical examples, we present and argue for algorithmic recommender personae as a way for people to take more control over the algorithms that curate peoples news provision. This article is part of a theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.

Challenged by news personalisation: five perspectives on the right to receive information

ABSTRACT More and more news is personalised, based on our personal data and interests. As a result, the focus of media regulation moves from the news producer to the news recipient. This research asks what the fundamental right to receive information means for personalised news consumers and the obligation it imposes on states. However, the right to receive information is under-theorised. Therefore, we develop a framework to understand this right, starting from case law of the European Court of Human Rights. On this basis, we identify five perspectives on the right to receive information: political debate, truth finding, social cohesion, avoidance of censorship and self-development. We evaluate how news personalisation affects the right to receive information, considering these five different perspectives. Our research reveals important policy choices that must be made regarding personalised news considering news consumers’ rights.