Virtues and Perils Of Algorithmic Enforcement and Content Regulation in The EU – A Toolkit For A Balanced Algorithmic Copyright Enforcement

49 Pages Posted: 10 Mar 2021

Date Written: October 15, 2019

Abstract

Within the recent European policies and actions on illegal content, a trend towards the algorithmic enforcement of content regulation has emerged. Hard and soft law provisions are more or less explicitly requiring online platforms to resort to technological systems in order to comply with the law. The use of technology to enforce the law is certainly not new, especially in the realm of copyright law. The last step in this process is the employment of algorithmic systems to filter content uploaded by third parties and the use of autonomous decision-making to select the content that can appear online. This controversial legislative move raises concerns not only as to its consistency with the current legal framework but also as to its impact on individual rights and societal development in general. This paper proposes a regulatory toolkit for a more balanced algorithmic copyright enforcement that could, hopefully, also provide insights for a better algorithmic society overall.

Keywords: artificial intelligence, content moderation, copyright enforcement algorithmic enforcement, algorithmic content regulation, copyright, safe harbors, platforms liability, e-commerce directive, hate speech

JEL Classification: K13, K19, K23

Suggested Citation

Montagnani, Maria Lillà, Virtues and Perils Of Algorithmic Enforcement and Content Regulation in The EU – A Toolkit For A Balanced Algorithmic Copyright Enforcement (October 15, 2019). Case Western Reserve Journal of Law, Technology & the Internet, Vol. 11, No. 1, 2020, Bocconi Legal Studies Research Paper No. 3767008, Available at SSRN: https://ssrn.com/abstract=3767008

Maria Lillà Montagnani (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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