Glossary of Platform Law and Policy Terms

Right to Explanation

Author: Nicolo Zingales See also appeal.  The concept of ‘right to explanation’ refers to the informational duties owed by a data controller to a data subject in relation to automated decisions based on profiling. The basic provision for the construct of the ‘right to explanation’ is Article 22 of the General Data Protection Regulation (GDPR), which establishes a… Continue reading Right to Explanation

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Revenge Pornography/ Non-consensual Intimate Images

Author: Richard Wingfield NB: While the term ‘revenge pornography’ is commonly used, many argue that it is inappropriate since it suggests a degree of complicity or consent on the part of the person in the images. Instead, terms such as ‘non-consensual intimate images’ are now considered to more appropriately describe the phenomenon and this term… Continue reading Revenge Pornography/ Non-consensual Intimate Images

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Responsibility

Author: Nicolo Zingales The concept of responsibility refers, in its simplest form, to a duty to undertake a particular action or set of actions. Such duty can be legal, but also moral, social, or ethical. If it is legally enforceable, failing to fulfill the duty gives rise to liability. However, even where that enforcement is not… Continue reading Responsibility

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Repeat Infringer

Author: Luca Belli The concept of ‘Repeat infringement’ has been established by the Digital Millennium Copyright Act (DMCA), passed by the US in 1998. This piece of legislation originally aimed at protecting digital innovators while preserving the ability of copyright holders to prevent activities that may infringe upon their rights. Most relevantly, DMCA, §512 grants… Continue reading Repeat Infringer

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Remedy

Author: Chris Wiersma A simple definition is given by legal dictionaries, emphasizing the element of ‘recovery’ or ‘repair’, thus referring to the end result of a process described as an “effective grievance mechanism” (Le Docte, 2011). The term ‘remedy’ is formally embedded in many international treaties, e.g., article 13 of the European Convention on Human… Continue reading Remedy

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Regulation

Author: Roxana Radu See also: Co-regulation, Self-regulation; Regulation refers to a set of authoritative rules designed to control or govern conduct in a particular sector or domain by restricting or enabling specific activities. There are numerous definitions for this concept, influenced more broadly by ideology and disciplinary traditions. Generally understood as a form of “command and control”… Continue reading Regulation

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Red Flag Knowledge

Author: Nicolo Zingales ‘Red flag knowledge’ is a term of art used in the copyright context to infer knowledge on the part of an online service provider without it having received a specific notice (hence its qualification as ‘constructive knowledge’) about infringing activity which it enables. Although US Congress did not explicitly include it in… Continue reading Red Flag Knowledge

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Recommender Systems

Author: Rossana Ducato ‘Recommender systems’ are algorithms aimed at supporting users in their online decision making. More specifically, in the computer science literature, a recommender system is defined as:  a specific type of advice-giving or decision support system that guides users in a personalized way to interesting or useful objects in a large space of… Continue reading Recommender Systems

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Proactive Measures

Authors: Daphne Keller and Nicolo Zingales This entry provides an overview of the concept of proactive measures, where ‘measures’ is a term of art which includes a range of steps that can be taken as a form of governance or regulation, usually in relation to specific kinds of content or conducts. ‘Proactive’ is a term… Continue reading Proactive Measures

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Prioritization

Author: Courtney Radsch Prioritization can refer to a form of traffic management and the way traffic flows through the internet and its connected parts; it can refer to the ranking of results in a hierarchy. In the former, some network traffic is given precedence over others. Prioritization of some types of information over others can… Continue reading Prioritization

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