ICTlogy

Communications on Digital Single Market and e-Commerce
Chairs: Blanca Torrubia

The role of geoblocking in the internet legal landscape.
Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law at William S. Boyd School of Law, University of Nevada, Las Vegas.

Geoblocking: blocking depending on place and depending on content.

Geoblocking breaks the ubiquity of the Internet and users’ expectations of a territorially-unlimited Internet. On the other hand, geoblocking is a way to try to accommodate Internet content to the territorial restraint of national jurisdiction.

Opposition to geoblocking:

• Contrary to the original architecture of the internet.
• It’s imperfect, leaving lots of room for spillovers.
• Has uncertain legality.
• Is associated with not insignifiat implementation costs.
• May have an impact on freee speech.

The EU proposes a campaign against geoblocking, though proposing a new regulation to address geoblocking and other forms of discrimination based on customers’ nationality.

Some positive ends of geoblocking:

• Contributes to the diversity of content on the Internet.
• Geoblocking allows for content to be made available where it is legal.
• A territorial partitioning of the Internet is inevitable as long as countries have strong national public policies that shape at least some of their laws.
• Online gambling and other sensitive areas of regulation will provoke countries’ strong policy stances, for which geoblocking on the Internet offers a workable modus operandi.

Hardwiring Privacy in the European Digital Space.
Lee Bygrave, Professor, Norwegian Research Center for Computers and Law.

Information systems architecture has the ability to shape behaviour beyond what legislation allows.

There are explicit attempts to change system architectures to force changes in law or to put in practice de facto “regulations”, especially in the field of data protection and privacy.

Some of these hardwiring attempts to change regulation may have an impact in homeland security, on privacy guarantees, etc.

The exclusive right of the author to control publicity and sale offers of their work. Impact in the building of a single digital space.
Antoni Rubí Puig, Profesor de Derecho Civil de la Universitat Pompeu Fabra.

Can we buy in third countries’ websites goods that are subject to intellectual property rights that apply in our country but not in the third country? Can we do that without incurring in an IP illegality? Probably not. The right to distribute works is exclusive of the author’s.

There are several points in the whole process of publishing, offering, selling and delivering goods where the author has their say according to their intellectual property rights.

The proposals of the European Commission about contract rules in the supply of digital content and online sales: conformity, remedies and exercise of remedies
Rosa Milà Rafel, Investigadora Juan de la Cierva-Incorporación de la Universidad de Castilla-La Mancha Centro de Estudios de Consumo.

Proposal of EU directive of online sales. Goal: to eliminate one of the main barriers against international e-commerce in Europe.

Problem: if it is approved, it will indeed increase the fragmentation of actual regulation.

Proposal of EU directive of supply of digital content.

It includes a wide range of digital content, such as cloud computing services and social networking services.

Unlike the former one, this directive is likely to reduce fragmentation of existing regulation.

Keynote speech. Chairs: Miquel Peguera.

Prof. Hugh Beale. QC FBA, Professor of Law, University of Warwick; Visiting Professor and Senior Research Fellow at Harris Manchester College, Oxford.
The future of European Contract Law in the light of the European Commission’s proposals for Directives on digital content and on-line sales

The main goal of the European directive was to increase consumer confidence, that consumers were given a minimum of rights wherever they did their purchases.

But it was also about reducing traders’ costs, as differences in contract law creates costs. After 2003, the European Commission has been working to remove barriers to trade, and not only in B2C contracts, but also in B2B contracts.

In general, Rome I art 6(2) says that consumers are entitled to mandatory rules of Law of State of habitual residence. Which is a major problem for sellers who have to know the applicable law for every consumer. A full harmonization seems highly desirable. But this may cause withdrawal of rights to consumers in some given states, which most will just not accept.

The Digital Content Directive applies to the trade of digital content: stream, download, etc. digital content. But is this like buying something that you then own? Or is it more like hiring someone’s services? The directive applies to both, as a one time delivery or as something that stands for a period of time. And it includes exchanges of digital goods or services for a price or in exchange of personal data. Last, rights apply to whether you are buying a physical support (e.g. DVD) or not (e.g. downloads).

DCD Art 18 implies that any individual can initiate an action against terms that they may find abusive. And, accordingly, the EC and/or the Member State has to enforce the regarding of the law. This can have a potential huge impact on the compliance with the directive.

What will the impact of the directive be? Probably small, because:

• It only includes a very narrow set of goods and services.
• It leaves out everything related to B2B, and SMEs would benefit much from it.

Discussion

Blanca Torrubia: how are differences between property rights dealt with in the directive? Beale: it seems that the big differences in how to understand property rights are between the EU and the US, more than within member states.

Arnau Monterde: Emergence, evolution and effects of the 15M network movement (2011-2015): A technopolitical approximation

Methodology

• To investigate the 15M Spanish Indignados movement in the network society.
• Systemic and multiscale approximation.
• Situated and networked research: technopolitical practices, collaborative knowledge building, online/offline interaction.
• Methodological combination: quantitative analysis (15M2014 survey); network analysis (Twitter, Facebook, hyperlinks); qualitative analysis (in depth interviews); participatory observation.

Emergence of the 15M

Emergence: the whole cannot be explained after the parts, but has to be approached differently.

The 15M begins its formation before the 15 May 2011: with the Sinde Law, the NoLesVotes movement, Democracia Real Ya, etc. The 15M is organized on the Internet between February and May 2011, after the prior technopolitical movements. It conquers the street after consolidating online. But why does the 15M bursts? The Arab Spring and the events at Tahrir Square are very important, being these factors multipied by what happens on social networking sites. The main factor, though, is lack of democracy (or lack of quality democracy), and not the economic crisis — which is a factor, but not as important as democracy or corruption.

Besides determinants, the form is also very important: the decentralization and distribution of the movement play a very important role, as emotions also do: both hope and indignation are very important parts of the movement.

Last, but not least, language will play also a role in the movement, mostly in first person, transversal, inclusive, affirmative, easy to own.

Communication

Indeed, technology will be crucial both for organization and communication, with many different tools and uses, including a meta-debate of what technologies and what for, about technological empowerment, autonomy, technological sovereignty. There is a synchronous multichannel communicative ecosystem. Networks will be new space of socialization and collective action.

On the other hand, media seem to be quite out of the debate, not even being able to capture and explain what is actually happening.

In the meanwhile, the movement evolves on a multilayer basis, where none of the participants will only participate in just a single platform/layer. There is, thus, no distinction between online and offline: layers overlap constantly and are chosen depending on the task to be done, on the level of engagement that it requires, the goals to be achieved at any given time, etc. And when layers synchronize, the movement begins to walk.

Evolution of the 15M

Most people think that the 15M has changed and evolved from its origins, but there is a consensus that the movement is still relevant in the public agenda. 84.5% of the participants (in the survey) still have an interest in the 15M and form a collective identity. Even more important, whatever the initiative linked to the 15M analyzed, the same communities and collective identities arise.

There is an open, transversal, systemic and dynamic identity of the 15M, which cannot be reduced neither to the aggregation of the individuals nor to the personaization of the connective action.

Technologies

Evolution of multiple technologies, especially pads, videostreaming and Twitter.

Centrality of technologies for a political use.

Usages are multiple, but allowing the accumulation of learning to better use technology, especially to find out the most appropriate users.

Different networks: structural (for inner organization) vs. functional (for a specific purpose). Within the networks, there is a high functional specialization, always collaborating and not competing. With dynamics of continuity (where they are active) and discontinuity (when they remain in stand-by, but not dismantled). Sinchronization of netwokrs and a strong dialogue between structural and functional networks.

Temporal distributed leadership: networks take the lead depending on the initiative.

Multitudinous and networked self-organization, self-consciousness of the 15M, temporarily (synchronicity and latency).

Impact on politics

Institutions will not let the movement in, added to an institutional counterpart will help to give the impression that the movement is not reaching out or making an impact. But as time goes by, there are events that are difficult to explain without the 15M, such as the crisis of bipartidism, some political practices, the appearance of new political parties, etc.

For instance, network analysis shows how Podemos during the European Elections seems to be “adscribed” to the movement. In the case of the local elections, the integration of some parties is even higher, with dynamics of some parties very much like the 15M.

Other impacts: open voting lists, collaborative crowdfunding, transparency, open elaboration political programmes, local parties that partly come from the “plazas” and act alike, autonomy of the local parties without a central hierarchy, etc.

On the cons part, the frontier between parties and movements blur, there is a tension between the institutional and the movement tempos, etc.

The 15M will not create new parties, but will set the conditions upon which new parties will emerge.

Conclusions

• Centrality of the interaction of the 15M with the technologies of network communication.
• The evolution of the 15M after the uses of the networks, action and organization.
• The 15M transforms the conditions of the electoral arena.
• Technopolitial contribution to the study of th 15M and its evolution.

Discussion

Joan Subirats: how to identify the phenomenon of technopolitics? Besides the techno- part, what happens with the -politics part? Is it “new politics”? Monterde: it is difficult to delimit what technopolitics is, because there neither is a beginning not an end to it: it just evolves. Notwithstanding, the analysis that the research of content, emotions, organizations, programmes and proposals, etc. clearly have a political weight. This includes the reasons for the different actors and platforms to participate in the movement and the events around it. But it is important to note that in technopolitics the most important aspect is the how, not the what. The movement is built after the practices. So, its the form that constitutes the 15M, not the content: the political programme is not put in the middle, although it of course exists.

Paolo Gerbaudo: differences and similarities between traditional (and new) parties and the movement? What are the organizational challenges and dilemmas? Marina Subirats: what happens with leadership? It was about distributed leadership, but Podemos is as traditional as any in terms of leadership. Monterde: the logics of the many new and old parties are very different, and in the field of political parties there are many factors that converge upon them to force a change. And it is very difficult — if not impossible — to make a simple statement about their relationships with the movement. There is not a single relationship of causality between the 15M and how it evolves into the parties: there are a lot of correlations, but not an identified causality. The issue of leadership is that our political culture strongly pressures towards identifying a unique leader, and this does not come from the movement, where leadership is very much different.

Joan Subirats: who is part of the movement? What is a collective identity? Can we define this? Monterde: What the research aims at answering is that there are many factors why people join, act, participate, leaves the movement, comes back to it, etc.

Joan Subirats: what it’s at stake in the debate of the 15M is representation. How is that solved by the evolution of the 15M? Monterde: quite often, it is active participation what decides membership and, in some terms, representation. You do something, you somewhat represent the movement. But it is true that this is a very difficult aspect of the movement and its relationship with representation, especially a shift towards institutional representation. Indeed, the most crucial aspect is not representation, but de-representation: how can we articulate measures and policies that work towards a de-representation (a de-institutionalization, a de-intermediation, etc.) of politics and civic action: direct democracy, participatory and deliberative democracy, etc.

Marina Subirats: what is the relationship with the Catalan Independentist movement? Monterde: part of the research heavily relies on the 15M2014 Survey, which is Spain-wide. The factor does appear in answers coming from Catalonia, but it is not relevant elsewhere. And even if the topic is dealt with during the camps, after the camps and during interviews, the issue disappears from the agenda of the 15M.

Marina Subirats: where is the ideology in the 15M movement? Did they read the “main authors”? Or did they pretend to begin from scratch? Monterde: 50% of the participants meet their very first political experience during the 15M, and many more describe the 15M more than an agora where to debate, a school where to learn politics.

PS: Congratulations doctor Monterde!

Peter C. Mantell

Learning affords us to figure out what works all by ourselves.

Gamification is changing the market of education. Offers a potential strategy for improving engagement. Gamification is about:

• Freedom to fail.
• Rapid feedback.
• Story telling.

m-Learning, or mobile learning provides more immediacy than regular e-learning, it provides an open gate to real time.

Smartly is an m-learning, gamification-inspired, learning service that provides educational video, with bite-sized chunks to be consumed on the go. Short lessons that take 5-10 minutes to complete, low bandwidth to consume, hand-crafted for mobile consumption.

We need a way to test the students without them noticing that they are being tested, with constant interactions with the content, with continuous feedback.

Ismael Peña-López
Unfolding educational institutions. Strategies and tools for networked learning

Slides:

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Larry Cooperman
Higher Education, Virtual Education, Open Education

Martin Trow (Reflections on the transition fro elite to mass to universal access: forms and phases of higher education in modern societies since WWII, 2007) reflects on how attitudes before access and functions of higher education have changed as we move from bringing higher education to an elite (0-15% of the population), to the masses (15-50%) to providing it universally (>50%).

• Attitudes before access move from being a privilege, to a right to some qualified ones to an obligation.
• Functions of higher education move from being a preparation for the roles of the elites, to the transmission of skills and a preparation for some technical and economic functions, to adapting the whole population to a quick social and technological change.

Though, some problems arise: the university system cannot accommodate everyone aiming at accessing higher education. What the university can offer — content, experience, certification — usually comes with a trade-off with quality. And, thus, quality has decreased in the higher education system. More people gets in the system, the level of education remains stable (or decreases) and less (in relative terms) people graduates. There is a new iron triangle: access, cost and success.

But now we have the Internet. Now what? What should be done in higher education, given those problems and the fact that we now have the Internet?

A first answer was open courseware: digitize all the existing “knowledge” and make it available for free.

Now, MOOCs have brought yet another debate on the table, again related to access. But access to what? Is there an instructional path? Does even having an instructional path equal learning? Four aspects for the debate about MOOCs:

• Do they scale?
• How do we manage the huge amount of data that they generate?
• Do they represent a different pedagogic approach?
• Where are the learning outcomes?

Weaknesses of the MOOC model:

• Traditional/handmade model of instructional design. Why are we still working individually in teaching and instructional design? MOOCs reproduce the lecture hall and reproduces it online: videos, quizzes… they are not much different — from a pedagogic point of view — from the traditional way. Not that it is wrong, but can we go a step further? For instance, we know that active learning is much better for the building of new knowledge.
• Inability to produce relevant research. For instance, we do know that socialization plays an important role in learning, but most MOOCs do not take that into account. Many of them ignore the possibilities of study groups.
• P2P virtual environments are based on social networks. Peers help each other to learn how to learn. How are MOOCs approaching this fact?

What about scale? Communities of experts, co-creation models, are very much related with communities of learning. Thus, learning environments should not be intimate.

About research, one has to begin to put the right questions, and then gather data to try to answer them. Like what is the best predictor of academic performance in the last year of undergrad education. Is it family income? Social class? How well they did in their admission test? Other factors?

In the future, one would like to see communities of experts that make up the curricula and then inform communities of learners. A community of learners should be supported at any time by a community of experts that can, in an informal environment, help them through their learning process: peer-based learning environments. We need open information, we need problems that need being solved in groups. There are digital platforms — or mixes of digital tools — that come very handy to create these P2P learning environments.

Combine technology, virtuality and openness, to be used by individuals, by classrooms, by institutions or by groups of peers. This is what is being done at UCI OpenChem.

Discussion

Q: what elements should MOOCs have to (a) guarantee learning and to (b) reduce drop out rates? Cooperman: there has to be interaction among the peers. The key of learning is about facilitating communities of learning, P2P learning environments.