Technology and Regulation https://techreg.org/ <p><strong>Technology and Regulation</strong> (TechReg) is a new interdisciplinary journal of law, technology and society. TechReg provides an <strong>open-access</strong> platform for disseminating original research on the <strong>legal and regulatory challenges</strong> posed by <strong>existing and emerging technologies</strong>.</p> <p>The Editor-in-Chief is Professor Ronald Leenes of the Tilburg Law School. Our <a href="https://techreg.org/index.php/techreg/about/editorialTeam"><strong>Editorial Board Committee</strong></a> comprises a distinguished panel of international experts in law, regulation, technology and society across different disciplines and domains.</p> <p>TechReg aspires to become the leading outlet for scholarly research on technology and regulation topics, and has been conceived to be as accessible as possible for both authors and readers.</p> en-US <p>Submissions are published under a Creative Commons BY-NC-ND license.’</p> r.e.leenes@tilburguniversity.edu (Ronald Leenes) info@openjournals.nl (Openjournals) Mon, 07 Feb 2022 00:00:00 +0100 OJS 3.3.0.7 http://blogs.law.harvard.edu/tech/rss 60 Algorithmic Price Discrimination and Consumer Protection https://techreg.org/article/view/11305 <p>This paper investigates the practice of algorithmic price discrimination with a view to determining its impact on markets and society and making a possible plea for regulation. Online market players are gradually gaining the capacity to adapt prices dynamically based on knowledge generated through vast amounts of data, so that, theoretically, every individual consumer can be charged the maximum price he or she is willing to pay. The article discusses the downsides of data-driven price discrimination. It considers the extent to which such downsides are mitigated by European Union law, and what role remains for national provisions and consumer-empowering technologies. We find that the existing EU provisions address price discrimination only marginally and that full harmonisation, a goal pursued through many acts regulating consumer markets, restricts the Member States’ margin for independent legislation. Accordingly, consumer protection against algorithmic pricing may rely, in practice, on consumer-empowering technologies and initiatives. We investigate the implications of this state of affairs, arguing that an unbalanced “digital arms race” between the use of algorithms as market devices on the one hand, and their use as consumer protection tools on the other, does not ensure consumer protection. Based on these findings, we advance a claim for regulation which pursues two main goals: first, to make the race more balanced by strengthening the digital tools available to consumer protection actors and, second, to limit the battlefield by clarifying and refining the applicable rules and defining clearer categories of impermissible behaviours.</p> Mateusz Grochowski, Agnieszka Jabłonowska, Francesca Lagioia, Givanni Sartor Copyright (c) 2022 Mateusz Grochowski, Agnieszka Jabłonowska, Francesca Lagioia, Givanni Sartor https://creativecommons.org/licenses/by-nc-nd/4.0 https://techreg.org/article/view/11305 Wed, 13 Apr 2022 00:00:00 +0200 Machine-learning algorithms in regulatory practice https://techreg.org/article/view/11093 <div class="page" title="Page 1"> <div class="section"> <div class="layoutArea"> <div class="column"> <p>A growing body of literature discusses the impact of machine-learning algorithms on regulatory processes. This paper contributes to the predomi- nantly legal and technological literature by using a sociological-institutional perspective to identify nine organisational challenges for using algorithms in regulatory practice. Firstly, this paper identifies three forms of algorithms and regulation: regulation of algorithms, regulation through algorithms, and regulation of algorithms through algorithms. Secondly, we identify nine organisational challenges for regulation of and through algorithms based on literature analysis and empirical examples from Dutch regulatory agencies. Finally, we indicate what kind of institutional work regulatory agencies need to carry out to overcome the challenges and to develop an algorithmic regu- latory practice, which calls for future empirical research.</p> </div> </div> </div> </div> Lukas Lorenz, Judith van Erp, Albert Meijer Copyright (c) 2022 Lukas Lorenz, Judith van Erp, Albert Meijer https://creativecommons.org/licenses/by-nc-nd/4.0 https://techreg.org/article/view/11093 Fri, 11 Feb 2022 00:00:00 +0100 Impossible Asks: Can the Transparency and Consent Framework Ever Authorise Real-Time Bidding After the Belgian DPA Decision? https://techreg.org/article/view/11594 <p>On 2 February 2022, the Belgian Data Protection Authority handed down a decision concerning IAB Europe and its Transparency and Consent Framework (TCF), a system designed to facilitate compliance of real-time bidding (RTB), a widespread online advertising approach, with the GDPR. Here, we summarise and analyse this large, complex case. We argue that by characterising IAB Europe as a joint controller with RTB actors, this important decision gives DPAs an agreed-upon blueprint to deal with a structurally difficult enforcement challenge. Furthermore, under the DPA’s simple-looking remedial orders are deep technical and organisational tensions. We analyse these “impossible asks”, concluding that absent a fundamental change to RTB, IAB Europe will be unable to adapt the TCF to bring RTB into compliance with the decision.</p> Michael Veale, Midas Nouwens, Cristiana Santos Copyright (c) 2022 Michael Veale, Midas Nouwens, Cristiana Santos https://creativecommons.org/licenses/by-nc-nd/4.0 https://techreg.org/article/view/11594 Wed, 09 Feb 2022 00:00:00 +0100 The Datafication of Wastewater: https://techreg.org/article/view/11192 <div class="page" title="Page 1"> <div class="section"> <div class="layoutArea"> <div class="column"> <p>Wastewater analysis and surveillance are well-established practices whose use has dramatically expanded during the COVID-19 pandemic. In this article, we argue that the extraction of diverse types of data from wastewater is part of the larger phenomenon of ‘datafication’. We explore the evolving technologies and uses of wastewater data and argue that there are insufficient legal and ethical frameworks in place to properly govern them. We begin with an overview of the different pur- poses for wastewater data analyses as well as the location and scale of collection. We then consider legal and ethical principles and oversight frameworks that shape current approaches to wastewater collection. After situating wastewater collection within its particular civic context, we argue in favour of greater engagement with legal and ethical issues and propose doing so through a civic perspective. Our paper concludes with a discussion of the normative shifts that are needed and how we might achieve these.</p> </div> </div> </div> </div> Teresa Scassa, Pamela Robinson, Ryan Mosoff Copyright (c) 2022 Teresa Scassa, Pamela Robinson, Ryan Mosoff https://creativecommons.org/licenses/by-nc-nd/4.0 https://techreg.org/article/view/11192 Fri, 11 Feb 2022 00:00:00 +0100