The DSA’s Trusted Flaggers
One of the most-publicized innovations brought about by the Digital Services Act (DSA or Regulation) is the ‘institutionalization’ of a regime emerged and consolidated for a decade already through voluntary programs introduced by the major online platforms: trusted flaggers. This blogpost provides an overview of the relevant provisions, procedures, and actors. It argues that, ultimately, the DSA’s much-hailed trusted flagger regime is unlikely to have groundbreaking effects on content moderation in Europe.
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Artificial Intelligence, Human Flourishing and the Rule of Law
One function of the rule of law is the promotion of human flourishing, often represented by the term ‘autonomy’. However, the ability to rely on the rule of law as a tool for counteracting AI’s constricting effect on human flourishing is being negated as the composition and design AI systems flout the ideals that the rule of law demand as necessary for a certain type of society.
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Big Brother’s Little, More Dangerous Brother
On 25 May 2021, the European Court of Human Rights issued judgments in two connected cases: Big Brother Watch v. UK and Centrum för Rättvisa v. Sweden. Both cases involved the review of bulk interception of communications, described by its critics as “mass surveillance”. The Swedish example has attracted less criticism from the ECtHR than the UK, and can be construed as a model law. However, the Swedish legislation is highly opaque and the ECtHR's scrutiny has fallen short.
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