Yago M.-Abascal

Judgment Google LLC and Others v. Russia - Judgments and fines against Google breached its free-expression rights hudoc.echr.coe.int/fre-press?i=...
#ECHRpress

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Spain's fight against the illegal streaming of football matches took a bizarre turn last night, as it led to the blocking of websites for at least 49 local governments and the Royal Spanish Academy (RAE), a leading cultural institution. This is unacceptable!

Cloudflare inicia acciones legales contra LaLiga por sus bloqueos de IPs. Son "torpes e ineficaces" La guerra abierta entre LaLiga y Cloudflare se recrudece. Desde principios de febrero LaLiga ha estado ordenando a las operadoras el bloqueo temporal de una...

LaLiga Blocks Cloudflare Again, New Pirate IPTV Providers & Anything in The Way
torrentfreak.com/laliga-block...

Cloudflare strikes back and launches legal action against LaLiga for their IP blocks. "They are clumsy and ineffective" 👌
www.xataka.com/empresas-y-e...

First AI fair use ruling, but probably of little predictive value for the big pending genAI cases, as it involved an AI developer that copied Westlaw headnotes to train a legal research model to directly compete with Westlaw (at least that's how the court describes it).

Happy #Lawyercat Anniversary for all who celebrate! It's been four years since the kitten appeared in my Zoom courtroom, and I released the 48 second video that made the whole world laugh. Here is the full video showing the big reveal at the end (in two parts because Blue sky). Enjoy!

So wikitok is pretty neat. TikTok infinite scroll and content exploration meets Wikipedia.
wikitok.net

The bill wasn't notified to the EC, as required by Directive 2015/1535. Also, I think the obligation to channel rectification requests cannot be imposed on providers established in other Member States due to the ECD's country of origin principle, as interpreted by the CJEU in C-376/22 or C-662/22.

The new obligation for online platforms would be to put a mechanism for the "referral" of the rectification requests directed to users of special relevance and the "monitoring" of the process.

It allows for an alternative version of the facts to be disseminated as a "reply". In the event this right is denied by the publisher, a lawsuit can be filed and, ultimately, a judge can order the publication of the counter-narrative, but is not empowered to adjudicate the accuracy of either version

The main change in the bill is that it extends the right of rectification beyond traditional media outlets to include "users of special relevance of online platforms and equivalent services". Note this right does not serve to verify the accuracy of certain statements.

@gateklons.bsky.social I've just come across this discussion on the Spanish bill to update the law on rectification, which allows individuals to reply to published information that (i) refers to them and (ii) they believe is inaccurate and potentially harmful.

I think it's a balanced and sophisticated opinion. Reconciling the ECD with the GDPR is not easy. The AG and the EC have openly challenged some of the referring court's assumptions, regarding the categorization of an intermediary as a data controller, rather than just a processor, concerning UGC.

@daphnek.bsky.social FYI: The Right Tools: Europe’s Intermediary Liability Laws and the EU 2016 General Data Protection Regulation is referenced in paragraphs 155 and 162 of AG Spuznar's opinion in Russmedia Digital curia.europa.eu/juris/docume...

AG Spuznar's opinion in Russmedia Digital is out and appears balanced curia.europa.eu/jcms/upload/...

CHAPTER II PROHIBITED AI PRACTICES Article 5 Prohibited Al practices 1. The following Al practices shall be prohibited: (a) the placing on the market, the putting into service or the use of an Al system that deploys subliminal techniques beyond a person's consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm; b) the placing on the market, the putting into service or the use of an Al system that exploits any of the vulnerabilities of a natural person or a specific group of persons due to their age, disability or a specific social or economic situation, with the objective, or the effect, of materially distorting the behaviour of that person or a person belonging to that group in a manner that causes or is reasonably likely to cause that person or another person significant harm; (e) the placing on the market, the putting into service or the use of Al systems for the evaluation or classification of natural persons or groups of persons over a certain period of time based on their social behaviour or known, inferred or predicted personal or personality characteristics, with the social score leading to either or both of the following: (detrimental or unfavourable treatment of certain natural persons or groups of persons in social contexts that are unrelated to the contexts in which the data was originally generated or collected; (i detrimental or unfavourable treatment of certain natural persons or groups of persons that is unjustified or disproportionate to their social behaviour or its gravity;

From today, the prohibited practices/AI systems in the AI Act enter force. It becomes illegal to use or market, broadly (and loosely):
- intentionally v manipulative systems likely to cause someone harm
- social scoring that leads to disproportionate consequences/consequences in an unrelated sector

I'm looking for a way to refresh my feed in Bluesky app without losing my reading position. I prefer to read from bottom to top, and I'd like to continue reading where I left off after swiping down to refresh.

On the other hand, bad actors can be very sophisticated (e.g., cloaking) support.google.com/adspolicy/an...

Does the platform have an ongoing obligation to conduct comprehensive and perpetual due diligence on linked websites? Should the platform have to do a general fact-finding assessment over third party websites perpetually?

Advertisers may promote websites without a direct association (e.g., promoting a favored NGO's website). Furthermore, linked websites are dynamic and can evolve from neutral to harmful.

I agree that the incident is unacceptable, and there's always room for improvement but don't you think that Article 8 DSA prohibition on general monitoring obligations could be relevant here?

Out of control. He is acting like a little kid in a sugar rush. Are we sure he doesn't have a Neuralink prototype already implanted?

Commission welcomes the integration of the revised Code of conduct on countering illegal hate speech online into the Digital Services Act The Commission and the European Board for Digital Services welcome the integration of the revised ‘Code of conduct on countering illegal hate speech online +' into the framework of the Digital Service...

The 24-hour timeframe is for reviewing the reported content, not necessarily for removing it ec.europa.eu/commission/p...

Where are the fact-checkers when you need them?!

New EU law? 🤔

Google échappe à une action de groupe de l’UFC à 27 milliards d’euros L’association de consommateurs dénonçait la collecte « illégale » de données personnelles et demandait un dédommagement pour 27 millions de Français.

It's concerning to see clearly speculative entities, primarily motivated by profit, exploiting the NL class action regime, in a clear abuse of rights, incompatible with the spirit and objectives of Directive 2020/1828.

Have you seen this other decision? www.linforme.com/tech-telecom...

Carta abierta a Mark Zuckerberg, CEO de Meta La inminente vuelta de Donald Trump a la Casa Blanca continúa transformando el sector tecnológico y los parámetros de la libertad de expresión. En esta 'Carta abierta', Joan Barata se dirige a Mark Zu...

Hoy publico en @agendapublica.es una "Carta abierta a Mark Zuckerberg" al hilo de su anuncio de cambios sustanciales en las políticas de moderación de contenidos de las plataformas Facebook e Instagram.

agendapublica.es/noticia/1955...

A Quick Note on EU Digital Services Act and Elon Musk’s Possible Interference with Various Political Processes in the EU: What Exactly Must X Do in the EU? Lots of ink is spilled these days commenting Elon Musk’s posts on X on a variety of topics ranging from German elections to Denmark’s governance of Greenland. The question which poses itself is whether EU digital laws can be used to limit Musk’s interventions, which are perceived as being extremely right-wing and harmful to democratic processes in the EU. While EU position on free speech is significantly…

A Quick Note on EU Digital Services Act and Elon Musk’s Possible Interference with Various Political Processes in the EU: What Exactly Must X Do in the EU?

Lots of ink is spilled these days commenting Elon Musk’s posts on X on a variety of topics ranging from German elections to Denmark’s…

Su defensa de la libertad de expresión no se la cree ni él. ¿Cuánto duró la cuenta que difundía en Twitter información pública sobre los trayectos de su jet?

Técnicamente, la DSA no es sólo moderación de contenidos ilícitos, es también el cumplimiento de unas obligaciones de diligencia debida muy complejas (para las grandes plataformas: evaluación y mitigación de riesgos sistémicos, transparencia, auditorías…) y un régimen de supervisión masivo.