What will happen to transatlantic data transfers following the sanction of Meta by the Irish authority?

On May 22, 2023, the Irish Data Protection Commission (DPC) published its decision of May 12, 2023 fining Meta Platforms Ireland Limited €1,2 billion for breaching the General Data Protection Regulation. Data Protection (GDPR). The decision, which imposes the largest fine ever imposed on the…

The Supreme Court of the United States dismisses the liability of social networks for hosting terrorist content

On May 18, 2023, the Supreme Court of the United States decided two highly debated cases (see for example on this point the observations of Daphne Keller and the comments of Anupam Chander). In both cases, the responsibility of the social networks was called into question because of terrorist attacks of which they were accused of having favored the organization fault…

Could Twitter be penalized for its moderation practices?

Note: this article was translated from French by an automated tool. A lot has happened since Elon Musk stormed into Twitter headquarters wearing a sink. After laying off a large part of the company's staff, Musk radically changed moderation practices by adopting an unstable and difficult to read strategy, between provocations and "com shots".

What legal challenges will Elon Musk face?

Note: this article was translated from French by an automated tool. What legal challenges will Elon Musk face? On October 28, 2022, Elon Musk effectively took control of Twitter, immediately firing the President (CEO), the Chief Financial Officer and the Chief Legal Officer, the very one who was behind Donald Trump's suspension. Having, in the process, dissolved the board of directors, Musk…

What will the Digital Services Act change? Replies to the Club des Juristes

Note: this article was translated from French by an automated tool. The political consensus regarding the Digital Services Act (DSA) was announced on April 23, but the provisions of the Regulations are still under discussion. The purpose of the DSA is to regulate the activity of companies which, regardless of their place of establishment, offer digital services to persons established in the European Union. Digital services include services that provide…

Social networks, between supervision and self-regulation

Note: this article was translated from French by an automated tool. I am happy to share here a first version (not final) of my Research Paper devoted to social networks and which can be consulted on the website of the Digital, Governance and Sovereignty Chair by clicking on the following link: Social networks, between management and self-regulation. Indeed, the proliferation of toxic content and the influence…

"Justice Numérique" is published

Note: this article was translated from French by an automated tool. In September, the Dalloz editions published the little book entitled "Justice numérique". An ambiguous expression, the term “digital justice” refers to the transformations that the legal world is subjected to by the advent of network life and the gradual abandonment of material supports in favor of electronics and online information. It also designates the impact on ...

Facebook and Trump's suspension: what to think of the Oversight Board's decision?

Note: this article was translated from French by an automated tool. On May 5, 2021, Facebook's Oversight Board (FOB) rendered its decision on the merits of the suspension of Donald Trump's account, decided by the platform on January 7, in the wake of the events of the Capitol. . This eagerly awaited decision contains valuable indications on how this unprecedented body ...

New ex ante regulations imposed on gatekeepers: the Digital Markets Act

Note: this article was translated from French by an automated tool. When the European Commission announced the future Digital Services Act legislative package in June 2020, it referred to the adoption of new ex ante regulations imposing various obligations on digital players and a new competition instrument. The Digital Market Act presented on December 15, however, does not constitute a competition tool. Rather, it is a question of market regulation having ...

A new step in the regulation of online content: the proposed Digital Services Act

Note: this article was translated from French by an automated tool. On December 15, the European Commission made public two regulatory proposals intended to significantly transform the legislative framework applicable to platforms. This new legislative package had been awaited for a long time: the President of the Commission had indeed announced it as soon as she took office (Ursula von der Leyden, Political Guidelines for 2019-2024, 2019) and ...

Towards the European data market: the Data Governance Act. Questions from the Club des Juristes.

Note: this article was translated from French by an automated tool. On February 19, 2020, at the same time as the publication of its White Paper on Artificial Intelligence, the European Commission published its data strategy, the objective of which is to allow the creation of a single data market. In what context does the publication of the Data Governance Act take place? While the global volume of data ...

What to expect from the Digital Services Act? Our responses to the Club des Juristes

Note: this article was translated from French by an automated tool. The President of the European Commission, Ursula von der Leyden, called for the adoption of a new strategy relating to the digital economy. The “Digital Services Act” package is expected for December 15, 2020. Filippo Lancieri and I answered questions from the Club des Juristes on this point. Why is the European Union considering adopting new legislation on ...

Trump and Twitter: the puzzle of controlling what public figures say on social media

Note: this article was translated from French by an automated tool. For the first time, on May 26, Twitter decided to flag several Donald Trump tweets with a warning sign and a link to verified information. Three days later, on May 29, the social network restricted, in an unprecedented way, access to a tweet from the President, by hiding it behind ...

"Big Data and the Law" was published

Note: this article was translated from French by an automated tool. Here is an overview of the summary: Could algorithms replace judges? by Serge Abiteboul and Florence G'sell The modeling of compensation for bodily injury, by Anaïs Gayte-Papon de Lameigné, Pierrick Legrand and Jacques Lévy Véhel The end of rules and standards, by Anthony J. Casey and Anthony Niblett The decisions algorithms by Florence G'sell Some epistemological reflections ...

Is Amazon a distributor of products sold by third parties on its marketplace? American judges are changing.

Note: this article was translated from French by an automated tool. In 2018, the American Confidence Poll conducted by the Knight Foundation and the Baker Center for Leadership & Governance at Georgetown University found that Amazon is the second most trusted organization among American citizens, just after the military. and just ahead… Google. Amazon even ranks first among the organizations inspiring the ...

The European Commission and the Amazon business model. Questions from the Club des Juristes.

Note: this article was translated from French by an automated tool. The European Commission announced on July 17 that it would investigate Amazon's business practices to find out whether its use of data from third-party sellers on its platform complies with competition rules. On this point, I answered questions from the Club des Juristes, on whose blog you can also read ...

Predicting courts' decisions is lawful in France and will remain so

Over the past few days, several media articles have reported that France decided to ban the application of data analytics to French courts' decisions (M. Livermore and D. Rockmore, “France Kicks Data Scientists Out of Its Courts”, Slate, June 21 , 2019). It has even been asserted that this measure would be part of a governmental strategy generally…

“Legal Challenges of the Data Economy”: videos of the presentations

The presentations at the “Legal Challenges of the Data Economy” conference held at the Collège des Bernardins on March 22 are now online on the University of Chicago's YouTube channel. You can view them by clicking on the title of each intervention. Welcome remarks: Hubert du Mesnil, Director of Collège des Bernardins,…

Feedback on the conference "Legal Challenges of the Data Economy"

While waiting for all the videos of the “Legal Challenges of the Data Economy” conference held on March 22 at the Bernardins, here are several interviews with the speakers! “Discrimination by Algorithm and People” - Sendhil Mullainathan, Professor of Behavioral and Computational Science, University of Chicago Booth School of Business “Personalization of the Law” - Ariel Porat, Professor of Law, Tel-Aviv University…