AI research and data protection: Can the same rules apply for commercial and academic research under the GDPR?

The paper examines how the EU General Data Protection Regulation (GDPR) is applied to the development of AI products and services, drawing attention to the differences between academic and commercial research. The GDPR aims to encourage innovation by providing several exemptions from its strict rules for scientific research. Still, the GDPR defines scientific research in a broad manner, which includes academic and commercial research. However, corporations conducting commercial research might not have in place a similar level of ethical and institutional safeguards as academic researchers. Furthermore, corporate secrecy and opaque algorithms in AI research might pose barriers to oversight. The aim of this paper is to stress the limits of the GDPR research exemption and to find the proper balance between privacy and innovation. The paper argues that commercial AI research should not benefit from the GDPR research exemption unless there is a public interest and has similar safeguards to academic research, such as review by research ethics committees. Since the GDPR provides this broad exemption, it is crucial to clarify the limits and requirements of scientific research, before the application of AI drastically transforms this field.     

New Battles and Battlegrounds for Mandatory Arbitration After Epic Systems,New Prime,and Lamps Plus

The Supreme Court's recent decisions interpreting the Federal Arbitration Act (FAA) in the employment context generally prioritize arbitration over workers’ labor law rights. The majority in Epic Systems Corporation v. Lewis upheld mandatory individual employment arbitration agreements despite their conflict with the labor law right to act in concert. The same majority in Lamps Plus, Inc. v. Varela rejected a state law interpretation of a contract provision to find that parties to an employment contract intend individual arbitration absent reference to group arbitration. A unanimous Court in New Prime v. Oliveira interpreted the FAA to include independent contractors under the transportation worker exemption, reinvigorating the battle over what it means to be engaged in interstate commerce to qualify for the exemption. These decisions resolved some disputes about the breadth of the FAA, but other questions remain. In the wake of Epic Systems and Lamps Plus, state courts and legislatures are testing the boundaries of the FAA's saving clause, with limited success. Confidentiality provisions, frequently associated with arbitration agreements, may unlawfully interfere with employees’ federal labor law rights. This article recommends that Congress amend the FAA to address these issues by excluding all workers engaged in interstate commerce, not just transportation workers, because the Court has strayed far from the original intent of the Act—to enforce commercial agreements in which the parties had equal bargaining power. State legislation also should provide guidance on what makes arbitration voluntary and fair, and provide a choice to employees on collective action, forum, and confidentiality.     

The genie in the bottle: The international regulation of genetically modified organisms

Abstract

This paper describes the circumstances surrounding charges laid against a retail vendor of Traditional Asian Medicinals under Canada's Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRI‐ITA). The vendor was charged with selling a product containing species listed as Appendix I under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).     

Reviews

Duncan Kennedy, Sexy Dressing etc. Essays on the Power and Politics of Cultural Identity David Frank Ross, J. Don Read and Michael P. Toglia (eds), Adult Eyewitness Testimony: Current Trends and Developments Michael J. Trebilcock, The Limits of Freedom of Contract Andrew Grubb (ed), Decision-Making and Problems of Incompetence Abimbola A. Olowofoyeku, Suing Judges: A Study of Judicial Immunity Jennifer Gunning and Veronica English, Human In Vitro Fertilisation: A Case Study in the Regulation of Medical Innovation Joseph Vining, From Newton's Sleep     

REVIEW

Christopher Jones and F. Enrique Gonzalez-Diaz, ed Colin Overbury, The EEC Merger Regulation Joanne Conaghan and Wade Mansell, The Wrongs of Tort E. R. Hardy Ivumy (ed), Mozley & Whiteley's Law Dictionary William McCurthy (ed), Legal Intervention in Industrial Relations Brian W. Harvey, Violin Fraud: Deception, Forgery, Theft and the Law John Bell, French Constitutional Law Peter Birks, Restitution – The Future, Sydney Andrew Burrows, The Law of Restitution Gillian Davies and Michele Hung, Music and Video Private Copying: An International Survey of the Problem and the Law     

REVIEWS

Mervyn Murch and Douglas Hooper, The Family Justice System Christopher Henley, The Law of Insurance Broking R. W. Hodgin, Insurance Intermediaries: Law and Regulation John A. Eisenberg, The Limits of Reason: Indeterminacy in Law, Education and Morality     

The legal landscape for advanced therapies: material and institutional implementation of European Union rules in France and the United Kingdom

In 2007, the European Union adopted a lex specialis, Regulation (EC) No. 1394/2007 on advanced therapy medicinal products (ATMPs), a new legal category of medical product in regenerative medicine. The regulation applies to ATMPs prepared industrially or manufactured by a method involving an industrial process. It also provides a hospital exemption, which means that medicinal products not regulated by EU law do not benefit from a harmonized regime across the European Union but have to respect national laws. This article describes the recent EU laws, and contrasts two national regimes, asking how France and the United Kingdom regulate ATMPs which do and do not fall under the scope of Regulation (EC) No. 1394/2007. What are the different legal categories and their enforceable regimes, and how does the evolution of these highly complex regimes interact with the material world of regenerative medicine and the regulatory bodies and socioeconomic actors participating in it?     

FAMILY LAW AND THE NEUROSCIENCE OF ATTACHMENT,PART I

In this far‐reaching interview, Allan Schore, renowned scientist, clinical psychologist, and clinical neuropsychologist, considers the place of neuroscience in facilitating developmental knowledge and better decision making in family law matters. He details current science on the neurology of attachment formation, the function of early caregiving relationships, gender, neuroscience perspectives on conflict and family violence, and implications for parenting arrangements. At the meta level, Schore describes the responsibilities of the family law system in promoting the development of the child. On the faculty of the Department of Psychiatry and Biobehavioral Sciences, UCLA, Schore is on the editorial staff of 35 journals in various academic and clinical fields. His integration of neuroscience with attachment theory is documented in three seminal volumes, Affect Regulation and the Origin of the Self, Affect Dysregulation and Disorders of the Self , and Affect Regulation and the Repair of the Self, as well as numerous articles and chapters. He has justifiably earned the nickname of “America's Bowlby.”     

Japan’s Ivory Trade in the Face of the Endangered Species Convention

Abstract

Commercial trade in ivory remains one of the major threats to the survival of an iconic wildlife resource: the elephant, in particular the African species (Loxodonta africana). At its 2016 Johannesburg meeting, the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) adopted by consensus an urgent call for the closure of domestic markets for ivory. The only Party which has openly defied that call is Japan – claiming that its own domestic ivory market is strictly controlled, and does not contribute to elephant poaching elsewhere. The present study analyzes that claim in light of the evidence, including the country's legislation (as recently amended) and its application in practice (as documented by multiple recent surveys). The author's findings do not support Japan's claim to a sweeping exemption from the global ban agreed by the CITES Conference. On the contrary, in view of serious shortcomings in the Government's current legislative and administrative controls over the ivory trade (especially with regard to internet transactions), the author recommends effective termination of Japan's domestic ivory market; and pending such closure, a reclassification of Japan in category 2 of the CITES legislation list (‘legislation believed not to meet all the requirements for CITES implementation’).     

Reviews

Joseph Raz, Ethics in the Public Domain Robert C. Palmer, English Law in the Age of the Black Death, 1348–1381: A Transformation of Governance and Law Brian Bix, Law, Language, and Legal Determinacy Ramsey Clark, The Fire This Time: US War Crimes in the Gulf Anthony I. Ogus, Regulation: Legal Form and Economic Theory Christopher Wadlow, The Law of Passing Off Robin Hollington, Minority Shareholders' Rights     

Unmasking Jane and John Doe: Online Anonymity and the First Amendment

When individuals turn on the television, listen to the radio, or purchase newspapers, they are not forming contractual relationships. Yet, almost without exception, online readers, viewers and listeners are required to enter into “terms of use” contracts. These ubiquitous agreements are generally unfavorable for the user in areas of intellectual property rights and privacy. In addition, the terms often restrict users’ behavior and their ability to litigate any disputes with a Web site. In analyzing the implications of contracts for Web site users, this article examines whether courts have recognized a distinction between online consumers, interactive users, and “passive media users”—online readers, listeners or viewers who engage in little, if any, of the activity traditionally required to form contracts. Case law reveals a frequent de facto exemption from online agreements for passive media users, but not highly interactive users. This exemption could be formally recognized to benefit all parties to a contract.     

欧共体班轮公会豁免规则及其最新发展

采用法条注释、评论以及比较的研究方法对第4056/86号规则的内容、审查直至其最终被废止的过程进行阐述,认为对航运竞争的调节应该通过市场进行,班轮公会享有的豁免特权也应该终止,欧共体的立法进程是一个很好的榜样,对我国正在制定的航运法有诸多借鉴之处。     

Coordination for traceability in the food chain. A critical appraisal of European regulation

Risk management has become a central issue in sanitary crises. Agro food firms have devised organizational responses to sanitary risks, usually implying better traceability. European Regulation 178/2002 established mandatory traceability. This paper provides a critical appraisal of the European Regulation on traceability. The analysis characterizes the mandatory traceability established and evaluates whether the information provided facilitates the withdrawal of targeted products promised by the European Regulation. It demonstrates the importance of traceability practices and sets out the responsibilities of food business operators as defined in the regulation. This regulation is seen as creating economic incentives for more stringent traceability. The problem of private operators’ coordination in relation to traceability practices is explained and the question of whether this problem can be solved by the strict application of European Regulation 178/2002 is addressed. The limits of the European Regulation in this context are demonstrated and solutions are proposed.

Lis Pendens,Choice of Court Agreements and Abuse of Law Under Brussels Ibis

The Brussels Ibis Regulation aims to ‘improve the efficiency of choice of court agreements’ following widespread criticism of the Gasser judgment of the European Court of Justice. To this end, the Regulation introduces a priority mechanism in Article 31(2) in favour of the court designated in exclusive choice of court agreements. This article analyses, first, the problem, which the new priority mechanism in the Brussels Ibis Regulation intends to resolve. Second, it describes how the reforms in the Brussels Ibis Regulation address the practical issues raised by Gasser. In this regard, the relevance of the abuse of law doctrine in EU law will be discussed. Finally, the article considers the practical application of the new priority mechanism and in particular the standard of review the non-chosen court should adopt in applying Article 31(2) Brussels Ibis Regulation.

     

Antitrust Enforcement: Abuse Control or Notification?

The European Union is currently revising its system of centralised authorisation for agreements between firms falling within the scope of Article 81 (1) of the EC Treaty but qualifying for exemption from the general prohibition. The proposed reform in the 1999 White Paper on Modernisation of the Rules Implementing Articles 81 and 82 of the EC Treaty involves the abolition of the notification and exemption system and its replacement by a directly applicable exception system where restrictive practices qualifying for exemption are lawful per se and subject to abuse control. This paper compares both the current notification system and the proposed system of ex-post control in a game-theoretical framework. If precommitment to an enforcement probability by the antitrust authority is not possible and a mixed equilibrium exists for both systems, the notification system is superior to the system of abuse control in terms of social welfare.     

小议欧盟第1419/2006号条例对班轮航运业的影响

国际航运反垄断豁免制度作为一种行业豁免制度,是指通过立法赋予航运业中具有垄断性质的行为以反垄断豁免,它是一般反垄断豁免在国际航运业的体现。目前各航运发达国家,如美国、加拿大等,都在法律中确定了有关反垄断法在国际航运领域的适用例外。2006年9月欧盟竞争委员会颁布了旨在取消班轮公会反垄断豁免的第1419/2006号条例。从班轮市场集中度、市场运力、市场运价、市场竞争力等方面,分析该条例对包括中国在内的各利益相关方的影响,指出该条例的生效仍将延续班轮航运业的垄断态势。     

Disclosure practices under the EU Prospectus Directive and the role of CESR

The first 150 words of the full text of this article appear below. Key points

• In February 2005, CESR issued its Recommendationsfor the consistent implementation of the Prospectus Regulation.
• SinceJuly 2006, CESR has begun to develop a line of clarificationson disclosure practices under the Prospectus Directive and theProspectus Regulation in the form of common positions basedon Frequently Asked Questions (FAQs).
• This article first analysesthe question to which extent CESR's Recommendations and commonpositions have binding effect, in the sense that individualnational securities regulators are under some form of obligationto apply these.
• Subsequently, the article discusses a selectionof CESR's common positions on FAQs which are of material importancefor day-to-day disclosure practice.

 

Japan's 'Research Whaling' in the Antarctic Southern Ocean and the North Pacific Ocean in the Face of the Endangered Species Convention (CITES)

Over the past 20 years, Japanese whalers have taken more than 10,000 whales from the Antarctic Southern Ocean and the north Pacific Ocean for 'scientific purposes', under a controversial exemption clause in the International Convention for the Regulation of Whaling (ICRW). After analyzing the relationship of the ICRW regime with other applicable multilateral agreements, this article concludes that Japan's current pelagic 'research whaling' programmes are not only a growing embarrassment for the country's meritorious ongoing research in both polar regions; they are also in open breach of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In light of different options for international legal action, the author recommends the initiation of 'compliance procedures'– potentially leading to a collective trade embargo – in accordance with CITES Conference Resolution 14.3 (2007).     

Booking bookies

From Prohibition to Regulation: Bookmaking, Anti‐Gambling and the Law. David Dixon. Oxford: Clarendon Press, 1991. xiii + 407pp. (incl. Index). ISBN 0 19 825616 7.

Better Betting with a Decent Feller: Bookmakers, Betting and the British Working Class 1750–1990. Carl Chinn. London: Harvester Wheatsheaf, 1991. xiv + 306pp. (incl. Index). £40 hb. ISBN 0 7198 1288 4.

A Bit of a Flutter: Popular Gambling and English Society, c. 1823–1961.

Mark Clapson. Manchester: The University Press, 1992. vii + 232pp. (incl. Index). £35 hb. ISBN 0 7190 3436 1.     

Jurisdiction for Consumer Contracts: European Union: Modified Rules of Jurisdiction for Electronic Consumer Contracts

The Brussels Convention on Jurisdiction and the Recognition of Judgments in Civil and Commercial Matters (the Brussels Convention) is to be replaced in 2002 by a Community Instrument: The Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Regulation).¹ The Regulation is an important measure approved by the European Union to simplify rules of jurisdiction and recognition of judgments for the benefit of the Internal Market. Amongst other matters, the Regulation updates existing jurisdiction rules for a consumer contracts. The rules for consumer contracts apply where a consumer and a business are domiciled in a Member State or the business has a:“branch, agency or other establishment” in a Member State. Importantly, the Regulation clarifies jurisdiction rules for consumer contracts conducted over the World Wide Web (WWW). These rules are to be welcomed, as they provide guidance on what rules of jurisdiction apply to consumer contracts over the Web, albeit that they are limited to where the parties are domiciled in Europe. This article outlines the rules of jurisdiction for consumer contracts provided by the Regulation, and where appropriate, highlights some aspects of the new rules that will possibly require further discussion and clarification by the European Court of Justice once the new rules are in force.