@techreport{nokey,

title = {Gemeentelijke grip op private sensorgegevens: Juridisch kader voor het gemeentelijke handelingsperspectief bij de verwerking van private sensorgegevens in de openbare ruimte},

author = {Janssen, H. and Verboeket, L.W. and Meiring, A. and van Hoboken, J. and van Eechoud, M. and van den Brink, J.E. and Ortlep, R. and Bod\'{o}, B.},

url = {https://www.ivir.nl/publicaties/download/Gemeentelijke_grip_op_private_sensorgegevens.pdf},

year  = {2023},

date = {2023-07-06},

note = {Onderzoek in opdracht van de gemeente Amsterdam},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{nokey,

title = {Beyond financial regulation of crypto-asset wallet software: In search of secondary liability},

author = {Barbereau, T. and Bod\'{o}, B.},

url = {https://www.sciencedirect.com/science/article/pii/S0267364923000390},

doi = {10.1016/j.clsr.2023.105829},

year  = {2023},

date = {2023-06-22},

urldate = {2023-06-22},

journal = {Computer Law \& Security Review},

volume = {49},

number = {105829},

abstract = {Since Bitcoin, the blockchain space considerably evolved. One crucial piece of software to interact with blockchains and hold private-public key pairs to distinct crypto-assets and securities are wallets. Wallet software can be offered by liable third-parties (‘custodians’) who hold certain rights over assets and transactions. As parties subject to financial regulation, they are to uphold Anti-money Laundering and Combating the Financing of Terrorist (AML/CFT) standards by undertaking Know-Your-Customer (KYC) checks on users of their services.

In juxtaposition, wallet software can also be issued without the involvement of a liable third-party. As no KYC is performed and users have full ‘freedom to act’, such ‘non-custodial’ wallet software is popular in criminal undertakings. They are required to interact with peer-to-peer applications and organisations running on blockchains whose benefits are not the subject of this paper. To date, financial regulation fails to adequately address such wallet software because it presumes the existence of a registered, liable entity offering said software. As illustrated in the case of Tornado Cash, financial regulation fails to trace chains of secondary liability. Alas, the considered solution is a systematic surveillance of all transactions.

Against this backdrop, this paper sets forth an alternative approach rooted in copyright law. Concepts that pertain to secondary liability prove of value to develop a flexible, principles-based approach to the regulation of non-custodial wallet software that accounts for both, infringing and non-infringing uses.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Maintaining trust in a technologized public sector},

author = {Bod\'{o}, B. and Janssen, H.},

doi = {https://doi.org/10.1093/polsoc/puac019},

year  = {2022},

date = {2022-05-19},

journal = {Policy and Society},

abstract = {Emerging technologies permeate and potentially disrupt a wide spectrum of our social, economic, and political relations. Various state institutions, including education, law enforcement, and healthcare, increasingly rely on technical components, such as automated decision-making systems, e-government systems, and other digital tools to provide cheap, efficient public services, and supposedly fair, transparent, disinterested, and accountable public administration. The increased interest in various blockchain-based solutions from central bank digital currencies, via tokenized educational credentials, and distributed ledger-based land registries to self-sovereign identities is the latest, still mostly unwritten chapter in a long history of standardized, objectified, automated, technocratic, and technologized public administration. The rapid, (often) unplanned, and uncontrolled technologization of public services (as happened in the hasty adoption of distance-learning and teleconferencing systems during Corona Virus Disease (COVID) lockdowns) raises complex questions about the use of novel technological components, which may or may not be ultimately adequate for the task for which they are used. The question whether we can trust the technical infrastructures the public sector uses when providing public services is a central concern in an age where trust in government is declining: If the government’s artificial intelligence system that detects welfare fraud fails, the public’s confidence in the government is ultimately hit. In this paper, we provide a critical assessment of how the use of potentially untrustworthy (private) technological systems including blockchain-based systems in the public sector may affect trust in government. We then propose several policy options to protect the trust in government even if some of their technological components prove fundamentally untrustworthy.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Senftleben2021,

title = {Ensuring the Visibility and Accessibility of European Creative Content on the World Market: The Need for Copyright Data Improvement in the Light of New Technologies},

author = {Senftleben, M. and Margoni, T. and Antal, D. and Bod\'{o}, B. and van Gompel, S. and Handke, C.W. and Kretschmer, M. and Poort, J. and Quintais, J. and Schwemer, S.},

url = {https://www.jipitec.eu/issues/jipitec-13-1-2022/5515

https://www.ivir.nl/jipitec_2022/},

year  = {2022},

date = {2022-04-12},

urldate = {2021-03-23},

journal = {JIPITEC},

volume = {13},

issue = {1},

pages = {67-86},

abstract = {In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. A trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, could pave the way for successful new initiatives.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {The rise of NFTs: These aren't the droids you're looking for},

author = {Bod\'{o}, B. and Giannopoulou, A. and Quintais, J. and Mezei, P.},

url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4000423},

year  = {2022},

date = {2022-01-04},

journal = {European Intellectual Property Review},

abstract = {Non-fungible tokens (NFTs) are hailed as revolutionary tools that will empower artists and revolutionize copyright management and remuneration. This article explores their copyright relevance, and it describes how copyright might apply in relation to NFT creation and trading. In doing so, it provides an overview of the ecosystem of actors built around NFTs, and it analyzes the role of these actors according to the European copyright normative framework.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2021b,

title = {Personal data ordering in context: the interaction of meso-level data governance regimes with macro frameworks},

author = {Bod\'{o}, B. and Irion, K. and Janssen, H. and Giannopoulou, A.},

url = {https://policyreview.info/articles/analysis/personal-data-ordering-context-interaction-meso-level-data-governance-regimes},

doi = {10.14763/2021.3.1581},

year  = {2021},

date = {2021-10-11},

urldate = {2021-10-11},

journal = {Internet Policy Review},

volume = {10},

number = {3},

abstract = {The technological infrastructures enabling the collection, processing, and trading of data have fuelled a rapid innovation of data governance models. We differentiate between macro, meso, and micro level models, which correspond to major political blocks; societal-, industry-, or community level systems, and individual approaches, respectively. We focus on meso-level models, which coalesce around: (1) organisations prioritising their own interests over interests of other stakeholders; (2) organisations offering technological and legal tools aiming to empower individuals; (3) community-based data intermediaries fostering collective rights and interests. In this article we assess these meso-level models, and discuss their interaction with the macro-level legal frameworks that have evolved in the US, the EU, and China. The legal landscape has largely remained inconsistent and fragmented, with enforcement struggling to keep up with the latest developments. We argue, first, that the success of meso-logics is largely defined by global economic competition, and, second, that these meso-logics may potentially put the EU’s macro-level framework with its mixed internal market and fundamental rights-oriented model under pressure. We conclude that, given the relative absence of a strong macro level-framework and an intensive competition of governance models at meso-level, it may be challenging to avoid compromises to the European macro framework. },

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2021,

title = {The commodification of trust},

author = {Bod\'{o}, B.},

url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3843707},

year  = {2021},

date = {2021-05-17},

journal = {Blockchain \& Society Policy Research Lab Research Nodes},

number = {1},

abstract = {Fundamental, wide-ranging, and highly consequential transformations take place in interpersonal, and systemic trust relations due to the rapid adoption of complex, planetary-scale digital technological innovations. Trust is remediated by planetary scale techno-social systems, which leads to the privatization of trust production in society, and the ultimate commodification of trust itself.

Modern societies rely on communal, public and private logics of trust production. Communal logics produce trust by the group for the group, and are based on familiar, ethnic, religious or tribal relations, professional associations epistemic or value communities, groups with shared location or shared past. Public trust logics developed in the context of the modern state, and produce trust as a free public service. Abstract, institutionalized frameworks, institutions, such as the press, or public education, science, various arms of the bureaucratic state create familiarity, control, and insurance in social, political, and economic relations. Finally, private trust producers sell confidence as a product: lawyers, accountants, credit rating agencies, insurers, but also commercial brands offer trust for a fee.

With the emergence of the internet and digitization, a new class of private trust producers emerged. Online reputation management services, distributed ledgers, and AI-based predictive systems are widely adopted technological infrastructures, which are designed to facilitate trust-necessitating social, economic interactions by controlling the past, the present and the future, respectively. These systems enjoy immense economic success, and they are adopted en masse by individuals and institutional actors alike.

The emergence of the private, technical means of trust production paves the way towards the widescale commodification of trust, where trust is produced as a commercial activity, conducted by private parties, for economic gain, often far removed from the loci where trust-necessitating social interactions take place. The remediation and consequent privatization and commodification of trust production has a number of potentially adverse social effects: it may decontextualize trust relationships; it removes trust from the local social, cultural relational contexts; it changes the calculus of interpersonal trust relations. Maybe more importantly as more and more social and economic relations are conditional upon having access to, and good standing in private trust infrastructures, commodification turns trust into the question of continuous labor, or devastating exclusion. By invoking Karl Polanyi’s work on fictious commodities, I argue that the privatization, and commodification of trust may have a catastrophic impact on the most fundamental layers of the social fabric.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@online{Quintais2021c,

title = {The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law \textendash Part II},

author = {Quintais, J. and Bod\'{o}, B. and Giannopoulou, A. and Mezei, P.},

url = {http://copyrightblog.kluweriplaw.com/2021/04/22/the-rise-of-non-fungible-tokens-nfts-and-the-role-of-copyright-law-part-ii/},

year  = {2021},

date = {2021-04-22},

organization = {Kluwer Copyright Blog},

keywords = {},

pubstate = {published},

tppubtype = {online}

}

@online{QuintaisetalNFTPartI,

title = {The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law \textendash Part I},

author = {Quintais, J. and Bod\'{o}, B. and Giannopoulou, A. and Mezei, P.},

url = {http://copyrightblog.kluweriplaw.com/2021/04/14/the-rise-of-non-fungible-tokens-nfts-and-the-role-of-copyright-law-part-i/},

year  = {2021},

date = {2021-04-14},

organization = {Kluwer Copyright Blog},

keywords = {},

pubstate = {published},

tppubtype = {online}

}

@article{Bod\'{o}2020c,

title = {Can scholarly pirate libraries bridge the knowledge access gap? An empirical study on the structural conditions of book piracy in global and European academia},

author = {Bod\'{o}, B. and Antal, D. and Puha, Z.},

url = {https://journals.plos.org/plosone/articl=10.1371/journal.pone.0242509

},

doi = {10.1371/journal.pone.0242509},

year  = {2020},

date = {2020-12-04},

journal = {PLoS ONE},

volume = {15},

number = {12},

abstract = {Library Genesis is one of the oldest and largest illegal scholarly book collections online. Without the authorization of copyright holders, this shadow library hosts and makes more than 2 million scholarly publications, monographs, and textbooks available. This paper analyzes a set of weblogs of one of the Library Genesis mirrors, provided to us by one of the service’s administrators. We reconstruct the social and economic factors that drive the global and European demand for illicit scholarly literature. In particular, we test if lower income regions can compensate for the shortcomings in legal access infrastructures by more intensive use of illicit open resources. We found that while richer regions are the most intensive users of shadow libraries, poorer regions face structural limitations that prevent them from fully capitalizing on freely accessible knowledge. We discuss these findings in the wider context of open access publishing, and point out that open access knowledge, if not met with proper knowledge absorption infrastructures, has limited usefulness in addressing knowledge access and production inequalities.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2020b,

title = {Mediated trust: A theoretical framework to address the trustworthiness of technological trust mediators},

author = {Bod\'{o}, B.},

url = {https://journals.sagepub.com/doi/10.1177/1461444820939922},

doi = {10.1177/1461444820939922},

year  = {2020},

date = {2020-07-17},

journal = {New Media \& Society},

abstract = {This article considers the impact of digital technologies on the interpersonal and institutional logics of trust production. It introduces the new theoretical concept of technology-mediated trust to analyze the role of complex techno-social assemblages in trust production and distrust management. The first part of the article argues that globalization and digitalization have unleashed a crisis of trust, as traditional institutional and interpersonal logics are not attuned to deal with the risks introduced by the prevalence of digital technologies. In the second part, the article describes how digital intermediation has transformed the traditional logics of interpersonal and institutional trust formation and created new trust-mediating services. Finally, the article asks as follows: why should we trust these technological trust mediators? The conclusion is that at best, it is impossible to establish the trustworthiness of trust mediators, and that at worst, we have no reason to trust them.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{Bod\'{o}2020,

title = {Money talks? The impact of corporate funding on information law research},

author = {Bod\'{o}, B. and Schwichow, H. von and Appelman, N.},

url = {https://www.ivir.nl/publicaties/download/money-talks-summary-report-final.pdf},

year  = {2020},

date = {2020-05-07},

abstract = {Corporate funding is a contentious issue in information law and policy research. In the fall of 2019, the Institute of Information Law at the University of Amsterdam, and the European Hub of the Network of Centers invited academic research institutions, as well as junior and senior scholars to reflect on the issues around corporate influence on research through money, data, infrastructure, access. The discussion arrived at a number of important conclusions:

- The discussion on funding must include data, infrastructure deals, and other forms of indirect funding

- Sometimes corporate funding is the only way to get access to critical resources

- Transparency is a must, but not a silver bullet to deal with funding

- It is difficult to set up universal a priori norms of which type of funding is acceptable in which situations,

- Academia may need new institutional solutions to review funding, and manage the potential risks of funders taking over the agenda, research bias, and reputational harms

- Public funding bodies are part of the problem as much of the solution.

The rapid, but consequential shifts in the digital landscape in terms of technological innovation, dominant economic actors, power relations, social, political structures, transform the environment of academic research which aims to address the legal and policy issues around those changes. More and more issues, such as content moderation, intermediary liability, digital advertising, algorithmic discrimination, the accountability of AI systems are framed as regulatory dilemmas. As a result, legal research is both in growing demand, and has gained visibility, and significance. As the future rules of the information society are shaping up in the discussions led, or at least prominently shaped by information law research, the temptation to influence it also increases. Research institutions must acknowledge the shifting landscape and the growing stakes. Challenges at that scale require more than individual integrity: there is a need for institutional solutions that on the one hand can actively assess, and mitigate the potential harms in each individual case, and on the other hand, is able to actively shape the funding landscape, and the norms around funding.},

note = {Amsterdam: IViR, Berlin: European Hub of the NoC},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Vallb\'{e}2019,

title = {Knocking on Heaven’s Door: User preferences on digital cultural distribution},

author = {Vallb\'{e}, J. and Bod\'{o}, B. and Quintais, J. and Handke, C.W.},

url = {https://policyreview.info/articles/analysis/knocking-heavens-door-user-preferences-digital-cultural-distribution},

year  = {2019},

date = {2019-06-20},

journal = {Internet Policy Review},

volume = {8},

number = {2},

abstract = {This paper explores the social, demographic and attitudinal basis of consumer support of a Copyright Compensation System (CCS), which, for a small monthly fee would legalise currently infringing online social practices such as private copying from illegal sources and online sharing of copyrighted works. We do this by first identifying how different online and offline, legal and illegal, free and paying content acquisition channels are used in the media market using a cluster-based classification of respondents. Second, we assess the effect of cultural consumption on the support for a shift from the status quo towards alternative, CCS-based forms of digital cultural content distribution. Finally, we link these two analyses to identify the factors that drive the dynamics of change in digital cultural consumption habits. Our study shows significant support to a CCS compared to the status quo by both occasional and frequent buyers of cultural goods, despite the widespread adoption of legal free and paying online services by consumers. The nature of these preferences are also explored with the inclusion of consumer preference intensities regarding certain CCS attributes. Our results have relevant policy implications, for they outline CCS as a reform option. In particular, they point evidence-based copyright reform away from its current direction in the EU of stronger enforcement measures, additional exclusive rights, and increased liability and duties of care for online platforms. This work shows that CCS may be an apt policy tool to hinder piracy and potentially increase right holder revenues, while respecting fundamental rights and promoting technological development.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2019d,

title = {Selling News to Audiences \textendash A Qualitative Inquiry into the Emerging Logics of Algorithmic News Personalization in European Quality News Media},

author = {Bod\'{o}, B.},

url = {https://doi.org/10.1080/21670811.2019.1624185},

year  = {2019},

date = {2019-06-20},

journal = {Digital Journalism},

volume = {7},

number = {8},

pages = {1054-1075},

abstract = {How do news organizations design and implement algorithmically personalized news services? We conducted 16 in-depth interviews with professionals working in European public service broadcasting and commercial quality news media to answer this question. The news business is undergoing rapid transformations regarding how news production is financed, how news is produced and delivered to audiences and how citizens consume news. In all of these changes algorithmic recommender systems play a role. We focus on news organizations’ own personalized news services, and analyze how they define the role of personalization in contributing to the financial success of the organization, in reaching and retaining audiences, and in fulfilling their editorial mission. We interviewed editors, journalists, technologists and business intelligence and publishing professionals to gain a structural understanding of the often conflicting goals of personalization. We found that rather than focusing on increasing short-term user engagement, European quality news media try to use news personalization to increase long-term audience loyalty. In distinction to the “platform logic of personalization”, which uses personalization to produce engagement and sell audiences to advertisers, they have developed a “news logic of personalization”, which uses personalization to sell news to audiences.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2019c,

title = {The science of piracy, the piracy of science. Who are the science pirates and where do they come from: Part 2},

author = {Bod\'{o}, B.},

url = {http://copyrightblog.kluweriplaw.com/2019/03/21/the-science-of-piracy-the-piracy-of-science-who-are-the-science-pirates-and-where-do-they-come-from-part-2/},

year  = {2019},

date = {2019-03-21},

journal = {Kluwer Copyright Blog},

volume = {2019},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Borgesius2019b,

title = {Online politieke microtargeting: Een zegen of een vloek voor de democratie?},

author = {Zuiderveen Borgesius, F. and M\"{o}ller, J. and Dobber, T. and Kruikemeier, S. and Irion, K. and Stapel, S. and Fahy, R. and Bod\'{o}, B. and Vreese, C.H. de},

url = {https://www.ivir.nl/publicaties/download/NJB_2019.pdf},

year  = {2019},

date = {2019-03-19},

journal = {Nederlands Juristenblad (NJB)},

volume = {2019},

number = {10},

pages = {528-669},

abstract = {Voor online politieke microtargeting wordt het online-gedrag van mensen in kaart gebracht en worden de verzamelde gegevens gebruikt om mensen gerichte politieke advertenties te tonen. Microtargeting is vanuit de VS komen overwaaien naar Europa en heeft voor- en nadelen voor de democratie. Microtargeting kan politieke partijen helpen om mensen effectief te bereiken en kan politieke betrokkenheid stimuleren. Maar microtargeting kan ook een bedreiging vormen voor de democratie. Zo kan een politieke partij zich verschillend voordoen aan verschillende mensen. Bovendien bedreigt het verzamelen van persoonsgegevens onze privacy. Dit artikel brengt de beloftes en bedreigingen van microtargeting voor de democratie in kaart en schetst mogelijkheden voor beleidsmakers om het gebruik van microtargeting te reguleren.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2019b,

title = {The science of piracy, the piracy of science. Who are the science pirates and where do they come from: Part 1},

author = {Bod\'{o}, B.},

url = {http://copyrightblog.kluweriplaw.com/2019/03/06/the-science-of-piracy-the-piracy-of-science-who-are-the-science-pirates-and-where-do-they-come-from-part-1/},

year  = {2019},

date = {2019-03-07},

journal = {Kluwer Copyright Blog},

volume = {2019},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Quintais2019b,

title = {Blockchain and the Law: A Critical Evaluation},

author = {Quintais, J. and Bod\'{o}, B. and Giannopoulou, A. and Ferrari, V.},

url = {https://stanford-jblp.pubpub.org/pub/blockchain-and-law-evaluation},

year  = {2019},

date = {2019-01-16},

journal = {Stanford Journal of Blockchain Law \& Policy},

volume = {2},

number = {1},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{HandkeBodoQuintais2018,

title = {Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use },

author = {Handke, Christian W. and Quintais, J. and Bod\'{o}, B. },

url = {https://ssrn.com/abstract=3311019 },

year  = {2019},

date = {2019-01-16},

journal = {Review of Economic Research on Copyright Issues},

volume = {15},

number = {2},

pages = {23-56},

abstract = {This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online. },

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2019,

title = {Interested in diversity: The role of user attitudes, algorithmic feedback loops, and policy in news personalization},

author = {Bod\'{o}, B. and Helberger, N. and Eskens, S. and M\"{o}ller, J.},

url = {https://www.tandfonline.com/doi/full/10.1080/21670811.2018.1521292},

doi = {10.1080/21670811.2018.1521292},

year  = {2019},

date = {2019-01-08},

journal = {Digital Journalism},

volume = {7},

number = {2},

pages = {206-229},

abstract = {Using survey evidence from the Netherlands, we explore the factors that influence news readers’ attitudes toward news personalization. We show that the value of personalization depends on commonly overlooked factors, such as concerns about a shared news sphere, and the diversity of recommendations. However, these expectations are not universal. Younger, less educated users are more exposed to personalized news and show little concern about diverse news recommendations. Quality news organizations that pursue reader loyalty and trust are incentivized to implement personalization algorithms that aim for diversity and high quality recommendations. However, some users are in danger of being left out of this positive feedback loop. We make specific policy suggestions regarding how to solve that issue.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2018d,

title = {Blockchain and smart contracts: the missing link in copyright licensing? },

author = {Bod\'{o}, B. and Gervais, D.J. and Quintais, J.},

url = {https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf

https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727},

doi = {10.1093/ijlit/eay014},

year  = {2018},

date = {2018-09-27},

journal = {International Journal of Law and Information Technology},

volume = {2018},

number = {4},

pages = {311-336},

abstract = {This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies\textemdashscarcity, trust, transparency, decentralized public records and smart contracts\textemdashseem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@inbook{Bod\'{o}2018b,

title = {The Genesis of Library Genesis: The Birth of a Global Scholarly Shadow Library},

author = {Bod\'{o}, B.},

url = {https://www.ivir.nl/publicaties/download/library_genesis.pdf},

year  = {2018},

date = {2018-05-18},

note = {Chapter in: Shadow Libraries: Access to Knowledge in Global Higher Education / J. Karaganis (ed.), The MIT Press, Cambridge, United Kingdom, 2018. 

ISBN: 9780262535014.},

keywords = {},

pubstate = {published},

tppubtype = {inbook}

}

@inbook{Bod\'{o}2018c,

title = {Library Genesis in Numbers: Mapping the Underground Flow of Knowledge},

author = {Bod\'{o}, B.},

url = {https://www.ivir.nl/publicaties/download/library_genesis_numbers.pdf},

year  = {2018},

date = {2018-05-18},

note = {Chapter in: Shadow Libraries: Access to Knowledge in Global Higher Education / J. Karaganis (ed.), The MIT Press, Cambridge, United Kingdom, 2018. 

ISBN: 9780262535014.},

keywords = {},

pubstate = {published},

tppubtype = {inbook}

}

@article{Borgesius2018,

title = {Online Political Microtargeting: Promises and Threats for Democracy},

author = {Zuiderveen Borgesius, F. and M\"{o}ller, J. and Kruikemeier, S. and Fahy, R. and Irion, K. and Dobber, T. and Bod\'{o}, B. and Vreese, C.H. de},

url = {https://www.ivir.nl/publicaties/download/UtrechtLawReview.pdf},

year  = {2018},

date = {2018-02-13},

journal = {Utrecht Law Review},

volume = {14},

number = {1},

pages = {82-96},

abstract = {Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements. Online political microtargeting is widely used in the US; Europe may not be far behind. This paper maps microtargeting’s promises and threats to democracy. For example, microtargeting promises to optimise the match between the electorate’s concerns and political campaigns, and to boost campaign engagement and political participation. But online microtargeting could also threaten democracy. For instance, a political party could, misleadingly, present itself as a different one-issue party to different individuals. And data collection for microtargeting raises privacy concerns. We sketch possibilities for policymakers if they seek to regulate online political microtargeting. We discuss which measures would be possible, while complying with the right to freedom of expression under the European Convention on Human Rights.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2018,

title = {Political micro-targeting: a Manchurian candidate or just a dark horse?},

author = {Bod\'{o}, B. and Helberger, N. and Vreese, C.H. de},

url = {https://policyreview.info/articles/analysis/political-micro-targeting-manchurian-candidate-or-just-dark-horse},

year  = {2018},

date = {2018-01-19},

journal = {Internet Policy Review},

volume = {2017},

number = {4},

abstract = {Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes.   In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2017,

title = {Tackling the Alggorithmic Control Crisis - the Technical, Legal, and Ethical Challenges of Research into Algorithmic Agents},

author = {Bod\'{o}, B. and Helberger, N. and Irion, K. and Zuiderveen Borgesius, F. and M\"{o}ller, J. and Velde, B. van de and Bol, N. and Es, B. van and Vreese, C.H. de},

url = {https://www.ivir.nl/publicaties/download/YJLT_2017.pdf},

year  = {2017},

date = {2017-06-07},

journal = {Yale Journal of Law \& Technology},

volume = {19},

pages = {133-180},

abstract = {Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products, information, and people; they increasingly customize our physical environments, including the temperature and the mood. Increasingly, algorithmic agents don’t just select from the range of human created alternatives, but also they create. Burgeoning algorithmic agents are capable of providing us with content made just for us, and engage with us through one-of-a-kind, personalized interactions. Studying these algorithmic agents presents a host of methodological, ethical, and logistical challenges.

The objectives of our paper are two-fold. The first aim is to describe one possible approach to researching the individual and societal effects of algorithmic recommenders, and to share our experiences with the academic community. The second is to contribute to a more fundamental discussion about the ethical and legal issues of “tracking the trackers”, as well as the costs and trade-offs involved. Our paper will contribute to the discussion on the relative merits, costs and benefits of different approaches to ethically and legally sound research on algorithmic governance. We will argue that besides shedding light on how users interact with algorithmic agents, we also need to be able to understand how different methods of monitoring our algorithmically controlled digital environments compare to each other in terms of costs and benefits. We conclude our article with a number of concrete suggestions for how to address the practical, ethical and legal

challenges of researching algorithms and their effects on users and society.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Borgesius2016b,

title = {Algoritmische verzuiling en filter bubbles: een bedreiging voor de democratie?},

author = {Zuiderveen Borgesius, F. and Trilling, D. and M\"{o}ller, J. and Eskens, S. and Bod\'{o}, B. and Vreese, C.H. de and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Computerrecht_2016_5.pdf},

year  = {2016},

date = {2016-10-03},

journal = {Computerrecht},

volume = {2016},

number = {5},

pages = {255-262},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Borgesius2016,

title = {Should we worry about filter bubbles?},

author = {Zuiderveen Borgesius, F. and Trilling, D. and Moller, J. and Bod\'{o}, B. and Vreese, C.H. de and Helberger, N.},

url = {http://policyreview.info/node/401/pdf},

doi = {10.14763/2016.1.401},

year  = {2016},

date = {2016-04-01},

journal = {Internet Policy Review},

volume = {5},

number = {1},

abstract = {

	Some fear that personalised communication can lead to information cocoons or filter bubbles. For instance, a personalised news website could give more prominence to conservative or liberal media items, based on the (assumed) political interests of the user. As a result, users may encounter only a limited range of political ideas. We synthesise empirical research on the extent and effects of self-selected personalisation, where people actively choose which content they receive, and pre-selected personalisation, where algorithms personalise content for users without any deliberate user choice. We conclude that at present there is little empirical evidence that warrants any worries about filter bubbles.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Knocking on Heaven's Door - User Preferences on Digital Cultural Distribution},

author = {Bod\'{o}, B. and Quintais, J. and Vallb\'{e}, J. and Handke, C.W.},

url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2630519},

year  = {2015},

date = {2015-07-31},

abstract = {

	14 July 2015.


	This paper explores the social, demographic and attitudinal basis of consumer support to a change from the status quo in digital cultural distribution. First we identify how different online and offline, legal and illegal, free and paying content acquisition channels are used in the Dutch media market using a cluster-based classification of respondents according to their cultural consumption. Second, we assess the effect of cultural consumption on the support to the introduction of a Copyright Compensation System (CCS), which, for a small monthly fee would legalize currently infringing online social practices such as private copying from illegal sources and online sharing of copyrighted works. Finally, we link these two analyses to identify the factors that drive the dynamics of change in digital cultural consumption habits.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Going means trouble and staying makes it double: the value of licensing recorded music online},

author = {Bod\'{o}, B. and Handke, C.W. and Vallb\'{e}, J.},

url = {http://link.springer.com/article/10.1007%2Fs10824-015-9251-8},

year  = {2015},

date = {2015-06-11},

journal = {Journal of Cultural Economics},

abstract = {

	This paper discusses whether a copyright compensation system (CCS) for recorded music\textemdashendowing private Internet subscribers with the right to download and use works in return for a fee\textemdashwould be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Hacktivism 1-2-3: how privacy enhancing technologies change the face of anonymous hacktivism},

author = {B.  Bod\'{o}},

url = {http://policyreview.info/articles/analysis/hacktivism-1-2-3-how-privacy-enhancing-technologies-change-face-anonymous},

year  = {2015},

date = {2015-04-24},

journal = {Internet Policy Review},

volume = {3},

number = {4},

abstract = {

	This short essay explores how the notion of hacktivism changes due to easily accessible, military grade Privacy Enhancing Technologies (PETs). Privacy Enhancing Technologies, technological tools which provide anonymous communications and protect users from online surveillance enable new forms of online political activism. Through the short summary of the ad-hoc vigilante group Anonymous, this article describes hacktivism 1.0 as electronic civil disobedience conducted by outsiders. Through the analysis of Wikileaks, the anonymous whistleblowing website, it describes how strong PETs enable the development of hacktivism 2.0, where the source of threat is shifted from outsiders to insiders. Insiders have access to documents with which power can be exposed, and who, by using PETs, can anonymously engage in political action. We also describe the emergence of a third generation of hacktivists who use PETs to disengage and create their own autonomous spaces rather than to engage with power through anonymous whistleblowing.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2012,

title = {Theatrical distribution and P2P movie piracy: a survey of P2P networks in Hungary using transactional data},

author = {Bod\'{o}, B. and Lakatos, Z.},

url = {http://ijoc.org/index.php/ijoc/article/view/1261/712},

year  = {2012},

date = {2012-01-01},

journal = {International Journal of Communication},

volume = {6},

pages = {413--445},

keywords = {},

pubstate = {published},

tppubtype = {article}

}