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The Global Community Yearbook of International Law and Jurisprudence 2018$
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Giuliana Ziccardi Capaldo

Print publication date: 2019

Print ISBN-13: 9780190072506

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780190072506.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 December 2019

A Constitutional-Driven Change of Heart: ISP Liability and Artificial Intelligence in the Digital Single Market

A Constitutional-Driven Change of Heart: ISP Liability and Artificial Intelligence in the Digital Single Market

Chapter:
(p.237) A Constitutional-Driven Change of Heart: ISP Liability and Artificial Intelligence in the Digital Single Market
Source:
The Global Community Yearbook of International Law and Jurisprudence 2018
Author(s):

Oreste Pollicino

Giovanni De Gregorio

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190072506.003.0011

The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs’ freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.

Keywords:   algorithms, artificial intelligence, constitutional law, fundamental rights, online platforms

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