A constitutional-driven change of heart. ISP liability, AI and the digital single market

Oreste  Pollicino; Giovanni De Gregorio

doi:10.1093/oso/9780190072506.003.0011

A constitutional-driven change of heart. ISP liability, AI and the digital single market

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs’ freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.

Original language	English
Title of host publication	The global community yearbook of international law and jurisprudence 2018
Publisher	Oxford University Press
Pages	237-264
Number of pages	28
ISBN (Print)	9780190072506
DOIs	https://doi.org/10.1093/oso/9780190072506.003.0011
Publication status	Published - 29 Aug 2019

Keywords

Algorithms
Artificial intelligence
Constitutional law
Fundamental rights
Online platforms

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1093/oso/9780190072506.003.0011

Cite this

@inbook{a40c77b3a1b346909e1da75216eb2f77,

title = "A constitutional-driven change of heart. ISP liability, AI and the digital single market",

abstract = "The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs{\textquoteright} freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.",

keywords = "Algorithms, Artificial intelligence, Constitutional law, Fundamental rights, Online platforms",

author = "Oreste Pollicino and Gregorio, {Giovanni De}",

year = "2019",

month = aug,

day = "29",

doi = "10.1093/oso/9780190072506.003.0011",

language = "English",

isbn = "9780190072506",

pages = "237--264",

booktitle = "The global community yearbook of international law and jurisprudence 2018",

publisher = "Oxford University Press",

address = "United Kingdom",

}

TY - CHAP

T1 - A constitutional-driven change of heart. ISP liability, AI and the digital single market

AU - Pollicino, Oreste

AU - Gregorio, Giovanni De

PY - 2019/8/29

Y1 - 2019/8/29

N2 - The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs’ freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.

AB - The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs’ freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.

KW - Algorithms

KW - Artificial intelligence

KW - Constitutional law

KW - Fundamental rights

KW - Online platforms

U2 - 10.1093/oso/9780190072506.003.0011

DO - 10.1093/oso/9780190072506.003.0011

M3 - Chapter

SN - 9780190072506

SP - 237

EP - 264

BT - The global community yearbook of international law and jurisprudence 2018

PB - Oxford University Press

ER -

A constitutional-driven change of heart. ISP liability, AI and the digital single market

Abstract

Keywords

UN SDGs

Access to Document

Fingerprint

Cite this