La revolución tecnológica en los medios de comunicación y los desafíos del derecho y la democracia (Tema Central)

El presente artículo aborda el impacto de la transformación tecnológica y los nuevos instrumentos de la teleinformática en los medios de comunicación masiva. La forma como se han estructurado las transnacionales mediáticas a partir del uso de instrumentos como la web, el software o el podcasting y los riesgos que su exceso conlleva respecto de la democracia al imponer sus intereses económicos y culturales por encima del interés del individuo, el interés público, la intimidad y el honor. Todo lo cual plantea nuevos desafíos al derecho y la protección de los derechos del individuo.

ICT for growth: a targeted approach. Bruegel Policy Contribution 2012/10, June 2012

This Policy Contribution assesses the broad obstacles hampering ICT-led growth in Europe and identifies the main areas in which policy could unlock the greatest value. We review estimates of the value that could be generated through take-up of various technologies and carry out a broad matching with policy areas. According to the literature survey and the collected estimates, the areas in which the right policies could unlock the greatest ICT-led growth are product and labour market regulations and the European Single Market. These areas should be reformed to make European markets more flexible and competitive. This would promote wider adoption of modern data-driven organisational and management practices thereby helping to close the productivity gap between the United States and the European Union. Gains could also be made in the areas of privacy, data security, intellectual property and liability pertaining to the digital economy, especially cloud computing, and next generation network infrastructure investment. Standardisation and spectrum allocation issues are found to be important, though to a lesser degree. Strong complementarities between the analysed technologies suggest, however, that policymakers need to deal with all of the identified obstacles in order to fully realise the potential of ICT to spur long-term growth beyond the partial gains that we report.

Data protection at the cost of economic growth? ECRI Commentary No. 11, 16 November 2012

The Data Protection Regulation proposed by the European Commission contains important elements to facilitate and secure personal data flows within the Single Market. A harmonised level of protection of individual data is an important objective and all stakeholders have generally welcomed this basic principle. However, when putting the regulation proposal in the complex context in which it is to be implemented, some important issues are revealed. The proposal dictates how data is to be used, regardless of the operational context. It is generally thought to have been influenced by concerns over social networking. This approach implies protection of data rather than protection of privacy and can hardly lead to more flexible instruments for global data flows.

Justice and Home Affairs databases and a Smart Borders System at EU external borders. An evaluation of current and forthcoming proposals. CEPS Paper in Liberty and Security No. 52/December 2012

This study examines current and forthcoming measures related to the exchange of data and information in EU Justice and Home Affairs policies, with a focus on the ‘smart borders’ initiative. It argues that there is no reversibility in the growing reliance on such schemes and asks whether current and forthcoming proposals are necessary and original. It outlines the main challenges raised by the proposals, including issues related to the right to data protection, but also to privacy and non-discrimination.

Collaborative eLearning Assistant Network: caring agents are conscious agents

Would a research assistant - who can search for ideas related to those you are working on, network with others (but only share the things you have chosen to share), doesn’t need coffee and who might even, one day, appear to be conscious - help you get your work done? Would it help your students learn? There is a body of work showing that digital learning assistants can be a benefit to learners. It has been suggested that adaptive, caring, agents are more beneficial. Would a conscious agent be more caring, more adaptive, and better able to deal with changes in its learning partner’s life? Allow the system to try to dynamically model the user, so that it can make predictions about what is needed next, and how effective a particular intervention will be. Now, given that the system is essentially doing the same things as the user, why don’t we design the system so that it can try to model itself in the same way? This should mimic a primitive self-awareness. People develop their personalities, their identities, through interacting with others. It takes years for a human to develop a full sense of self. Nobody should expect a prototypical conscious computer system to be able to develop any faster than that. How can we provide a computer system with enough social contact to enable it to learn about itself and others? We can make it part of a network. Not just chatting with other computers about computer ‘stuff’, but involved in real human activity. Exposed to ‘raw meaning’ – the developing folksonomies coming out of the learning activities of humans, whether they are traditional students or lifelong learners (a term which should encompass everyone). Humans have complex psyches, comprised of multiple strands of identity which reflect as different roles in the communities of which they are part – so why not design our system the same way? With multiple internal modes of operation, each capable of being reflected onto the outside world in the form of roles – as a mentor, a research assistant, maybe even as a friend. But in order to be able to work with a human for long enough to be able to have a chance of developing the sort of rich behaviours we associate with people, the system needs to be able to function in a practical and helpful role. Unfortunately, it is unlikely to get a free ride from many people (other than its developer!) – so it needs to be able to perform a useful role, and do so securely, respecting the privacy of its partner. Can we create a system which learns to be more human whilst helping people learn?

Facebook & Blackboard: comparison of learner perspectives

Different systems, different purposes – but how do they compare as learning environments? We undertook a survey of students at the University, asking whether they learned from their use of the systems, whether they made contact with other students through them, and how often they used them. Although it was a small scale survey, the results are quite enlightening and quite surprising. Blackboard is populated with learning material, has all the students on a module signed up to it, a safe environment (in terms of Acceptable Use and some degree of staff monitoring) and provides privacy within the learning group (plus lecturer and relevant support staff). Facebook, on the other hand, has no learning material, only some of the students using the system, and on the face of it, it has the opportunity for slips in privacy and potential bullying because the Acceptable Use policy is more lax than an institutional one, and breaches must be dealt with on an exception basis, when reported. So why do more students find people on their courses through Facebook than Blackboard? And why are up to 50% of students reporting that they have learned from using Facebook? Interviews indicate that students in subjects which use seminars are using Facebook to facilitate working groups – they can set up private groups which give them privacy to discuss ideas in an environment which perceived as safer than Blackboard can provide. No staff interference, unless they choose to invite them in, and the opportunity to select who in the class can engage. The other striking finding is the difference in use between the genders. Males are using blackboard more frequently than females, whilst the reverse is true for Facebook. Interviews suggest that this may have something to do with needing to access lecture notes… Overall, though, it appears that there is little relationship between the time spent engaging with Blackboard and reports that students have learned from it. Because Blackboard is our central repository for notes, any contact is likely to result in some learning. Facebook, however, shows a clear relationship between frequency of use and perception of learning – and our students post frequently to Facebook. Whilst much of this is probably trivia and social chit chat, the educational elements of it are, de facto, contructivist in nature. Further questions need to be answered - Is the reason the students learn from Facebook because they are creating content which others will see and comment on? Is it because they can engage in a dialogue, without the risk of interruption by others?

Multi-modal fingerprinting for multimedia assets: optimisation of media security protection in online distribution environments

Since the advent of the internet in every day life in the 1990s, the barriers to producing, distributing and consuming multimedia data such as videos, music, ebooks, etc. have steadily been lowered for most computer users so that almost everyone with internet access can join the online communities who both produce, consume and of course also share media artefacts. Along with this trend, the violation of personal data privacy and copyright has increased with illegal file sharing being rampant across many online communities particularly for certain music genres and amongst the younger age groups. This has had a devastating effect on the traditional media distribution market; in most cases leaving the distribution companies and the content owner with huge financial losses. To prove that a copyright violation has occurred one can deploy fingerprinting mechanisms to uniquely identify the property. However this is currently based on only uni-modal approaches. In this paper we describe some of the design challenges and architectural approaches to multi-modal fingerprinting currently being examined for evaluation studies within a PhD research programme on optimisation of multi-modal fingerprinting architectures. Accordingly we outline the available modalities that are being integrated through this research programme which aims to establish the optimal architecture for multi-modal media security protection over the internet as the online distribution environment for both legal and illegal distribution of media products.

Young caregiving and HIV in the UK: caring relationships and mobilities in African migrant families

Recent research in Sub-Saharan Africa has revealed the importance of children’s caring roles in families affected by HIV and AIDS. However, few studies have explored young caregiving in the context of HIV in the UK, where recently arrived African migrant and refugee families are adversely affected by the global epidemic. This paper explores young people’s socio-spatial experiences of caring for a parent with HIV, based on qualitative research with 37 respondents in London and other urban areas in England. In-depth semi-structured interviews were conducted with young people with caring responsibilities and mothers with HIV, who were predominantly African migrants, as well as with service providers. Drawing on their perspectives, the paper discusses the ways that young people and mothers negotiate the boundaries of young people’s care work within and beyond homespace, according to norms of age, gender, generational relations and cultural constructions of childhood. Despite close attachments within the family, the emotional effects of living with a highly stigmatised life-limiting illness, pressures associated with insecure immigration status, transnational migration and low income undermined African mothers’ and young people’s sense of security and belonging to homespace. These factors also restricted their mobility and social participation in school/college and neighbourhood spaces. While young people and mothers valued supportive safe spaces within the community, the stigma surrounding HIV significantly affected their ability to seek support. The article identifies security, privacy, independence and social mobility as key dimensions of African young people’s and mothers’ imagined futures of ‘home’ and ‘family’.

Towards semantic resolution of security in ambient environments

Driven by new network and middleware technologies such as mobile broadband, near-field communication, and context awareness the so-called ambient lifestyle will foster innovative use cases in different domains. In the EU project Hydra high-level security, trust and privacy concerns such as loss of control, profiling and surveillance are considered at the outset. At the end of this project the. Hydra middleware development platform will have been designed so as to enable developers to realise secure ambient scenarios. This paper gives a short introduction to the Hydra project and its approach to ensure security by design. Based on the results of a focus group analysis of the user domain "building automation" typical threats are evaluated and their risks are assessed. Then, specific security requirements with respect to security, privacy, and trust are derived in order to incorporate them into the Hydra Security Meta-Model. How concepts such as context, semantic resolution of security, and virtualisation support the overall Hydra approach will be introduced and illustrated on the basis of it technical building automation scenario.

The ethical challenges of ubiquitous healthcare

Ubiquitous healthcare is an emerging area of technology that uses a large number of environmental and patient sensors and actuators to monitor and improve patients’ physical and mental condition. Tiny sensors gather data on almost any physiological characteristic that can be used to diagnose health problems. This technology faces some challenging ethical questions, ranging from the small-scale individual issues of trust and efficacy to the societal issues of health and longevity gaps related to economic status. It presents particular problems in combining developing computer/information/media ethics with established medical ethics. This article describes a practice-based ethics approach, considering in particular the areas of privacy, agency, equity and liability. It raises questions that ubiquitous healthcare will force practitioners to face as they develop ubiquitous healthcare systems. Medicine is a controlled profession whose practise is commonly restricted by government-appointed authorities, whereas computer software and hardware development is notoriously lacking in such regimes.

Next generation mobile marketing: how young consumers react to Bluetooth-enabled advertising

Mobile devices are attractive media for directly communicating with consumers who have become busier and more difficult to reach. While SMS (short message service) advertising has received some attention in the literature, Bluetooth-enabled advertising is still unexplored. This research aims to investigate younger consumers’ acceptance of Bluetooth-delivered advertising. Although the majority of the respondents were willing to accept this form of advertising, they needed both to be in control of the frequency with which they receive messages and also to be reassured that the medium could ensure privacy and security. The research further indicated that peers influence the acceptance of Bluetooth-driven advertising.

Organisational semiotics methods to assess organisational readiness for internal use of social media

The paper presents organisational semiotics (OS) as an approach for identifying organisational readiness factors for internal use of social media within information intensive organisations (IIO). The paper examines OS methods, such as organisational morphology, containment analysis and collateral analysis to reveal factors of readiness within an organisation. These models also help to identify the essential patterns of activities needed for social media use within an organisation, which can provide a basis for future analysis. The findings confirmed many of the factors, previously identified in literature, while also revealing new factors using OS methods. The factors for organisational readiness for internal use of social media include resources, organisational climate, processes, motivational readiness, benefit and organisational control factors. Organisational control factors revealed are security/privacy, policies, communication procedures, accountability and fallback.

Attacking human implants: a new generation of cybercrime

Human ICT implants, such as RFID implants, cochlear implants, cardiac pacemakers, Deep Brain Stimulation, bionic limbs connected to the nervous system, and networked cognitive prostheses, are becoming increasingly complex. With ever-growing data processing functionalities in these implants, privacy and security become vital concerns. Electronic attacks on human ICT implants can cause significant harm, both to implant subjects and to their environment. This paper explores the vulnerabilities which human implants pose to crime victimisation in light of recent technological developments, and analyses how the law can deal with emerging challenges of what may well become the next generation of cybercrime: attacks targeted at technology implanted in the human body. After a state-of-the-art description of relevant types of human implants and a discussion how these implants challenge existing perceptions of the human body, we describe how various modes of attacks, such as sniffing, hacking, data interference, and denial of service, can be committed against implants. Subsequently, we analyse how these attacks can be assessed under current substantive and procedural criminal law, drawing on examples from UK and Dutch law. The possibilities and limitations of cybercrime provisions (eg, unlawful access, system interference) and bodily integrity provisions (eg, battery, assault, causing bodily harm) to deal with human-implant attacks are analysed. Based on this assessment, the paper concludes that attacks on human implants are not only a new generation in the evolution of cybercrime, but also raise fundamental questions on how criminal law conceives of attacks. Traditional distinctions between physical and non-physical modes of attack, between human bodies and things, between exterior and interior of the body need to be re-interpreted in light of developments in human implants. As the human body and technology become increasingly intertwined, cybercrime legislation and body-integrity crime legislation will also become intertwined, posing a new puzzle that legislators and practitioners will sooner or later have to solve.

Informed, uninformed and participative consent in social media research

The use of online data is becoming increasingly essential for the generation of insight in today’s research environment. This reflects the much wider range of data available online and the key role that social media now plays in interpersonal communication. However, the process of gaining permission to use social media data for research purposes creates a number of significant issues when considering compatibility with professional ethics guidelines. This paper critically explores the application of existing informed consent policies to social media research and compares with the form of consent gained by the social networks themselves, which we label ‘uninformed consent’. We argue that, as currently constructed, informed consent carries assumptions about the nature of privacy that are not consistent with the way that consumers behave in an online environment. On the other hand, uninformed consent relies on asymmetric relationships that are unlikely to succeed in an environment based on co-creation of value. The paper highlights the ethical ambiguity created by current approaches for gaining customer consent, and proposes a new conceptual framework based on participative consent that allows for greater alignment between consumer privacy and ethical concerns.

Market research and the ethics of big data

The term 'big data' has recently emerged to describe a range of technological and commercial trends enabling the storage and analysis of huge amounts of customer data, such as that generated by social networks and mobile devices. Much of the commercial promise of big data is in the ability to generate valuable insights from collecting new types and volumes of data in ways that were not previously economically viable. At the same time a number of questions have been raised about the implications for individual privacy. This paper explores key perspectives underlying the emergence of big data, and considers both the opportunities and ethical challenges raised for market research.