Primavera De Filippi

French National Centre for Scientific Research | CNRS · French National Centre for Scientific Research

This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note...

Accountability refers to a relationship of responsibility, answerability, and enforceability between individuals and groups. In contrast to traditional institutions that rely on enforcement of accountability through traditional legal frameworks, blockchain systems rely on the “rule of code”, i.e. the operation, governance, and transactions on a blo...

Trust is a key resource in financial transactions. Traditional financial institutions, and novel blockchain‐based decentralized financial (DeFi) services rely on fundamentally different sources of trust and confidence. The former relies on heavy regulation, trusted intermediaries, clear rules (and restrictions) on market competition, and long‐stand...

An engaging and comprehensive exploration of how fundamental ideas in political and legal thought shape the governance of blockchain communities, and are, in turn, shaped by blockchain technology. How can digital cash truly be “trustless”? What does it mean that blockchain offers a new paradigm of the “rule of code”? How are decisions made when a b...

Dans cet article, nous montrons comment certaines pratiques de Maximal Extractable Value (MEV) qui conduisent à l’accaparement, par certains acteurs des réseaux blockchains, de la valeur produite par d’autres utilisateurs s’apparentent à du parasitisme (freeriding). Nous montrons que ces comportements de passagers clandestins d’un nouveau genre son...

The global COVID-19 pandemic demonstrates how states and companies mobilise new sociotechnical systems to track, trace, evaluate, and modulate the behaviour of citizens. This development illustrates an already-existing transformation of citizenship governance, which this article captures as the move to “cybernetic citizenship.” Part I explores the...

Similar to the early days of the Internet, today, the effectiveness and applicability of legal regulations are being challenged by the advent of blockchain technology. Yet, unlike the Internet, which has evolved into an increasingly centralized system that was largely brought within the reach of the law, blockchain technology still resists regulati...

Similar to the early days of the Internet, today, the effectiveness and applicability of legal regulations are being challenged by the advent of blockchain technology. Yet, unlike the Internet, which has evolved into an increasingly centralised system that was largely brought within the reach of the law, blockchain technology still resists regulati...

The design and management of digital identity is a complex challenge. On the one hand, it requires a clear understanding of the parameters that are involved in identity management. On the other hand, it requires the cooperation of many stakeholders. In particular, this involves those public authorities and private organisations that need to be alig...

A smart contract is code deployed in a blockchain environment, or the source code from which such code was compiled.

A DAO is a blockchain-based system that enables people to coordinate and govern themselves mediated by a set of self-executing rules deployed on a public blockchain, and whose governance is decentralised (i.e., independent from central control).

Reputation in a blockchain-based system is a digital representation of an entity’s standing or status in a specific domain.

Public administration's reliance on software algorithms brings the risk of obfuscating the factual and legal basis of administrative decisions. In accordance with the principles of open data, new rules have been introduced to preserve the transparency of algorithmic decisions, yet nothing has been said concerning the data that will influence these...

Blockchains are a new digital technology that combines peer-to-peer network computing and cryptography to create an immutable decentralised public ledger. Where the ledger records money, a blockchain is a cryptocurrency, such as Bitcoin; but ledger entries can record any data structure, including property titles, identity and certification, contrac...

“Code is law” is a form of regulation whereby technology is used to enforce existing rules. With the advent of Blockchain and Machine Learning, we are witnessing a new trend, whereby technology is progressively taking the upper-hand over these rules.

This article explores the potential of blockchain technology in enabling a new system of value that will better support the dynamics of social sharing. Our study begins with a discussion of the evolution of value perceptions in the history of economic thought. Starting with a view on value as a coordination mechanism that defines meaningful action...

FabLabs are ‘fabrication laboratories’ that encourage the development of new methods of artistic production based on participation and interaction between peers. 3D printing plays a central role in these labs. FabLabs constitute an attempt to transpose the open source mode of production from the domain of software into the field of art and design....

"Code is law" refers to the idea that, with the advent of digital technology, code has progressively established itself as the predominant way to regulate the behavior of Internet users. Yet, while computer code can enforce rules more efficiently than legal code, it also comes with a series of limitations, mostly because it is difficult to transpos...

The history of communication technologies is populated with conflicts between centralization and decentralization. While many of these technologies started or have existed at some point of their development as a decentralized structure, often replacing older technological paradigms, nearly all progressively evolved into concentrated clusters of pow...

Bitcoin is a decentralised currency and payment system that seeks to eliminate the need for trusted authorities. It relies on a peer-to-peer network and cryptographic protocols to perform the functions of traditional financial intermediaries, such as verifying transactions and preserving the integrity of the system. This article examines the politi...

This book is the result of a collective work aimed at providing deeper insight into what is network neutrality, how does it relates to human rights and free competition and how to properly frame this key issue through sustainable policies and regulations. The Net Neutrality Compendium stems from 3 years of discussions nurtured by the members of the...

A notable example of how copyright enforcement has moved well beyond addressing specific infringing content or individuals, into Internet governance-based infrastructural enforcement is the graduated response method, terminating the Internet access of individuals that (allegedly and) repeatedly violate copyright. The case of the French HADOPI (Haut...

Claims blockchain is more than just ICT innovation, but facilitates new types of economic organization and governance. Suggests two approaches to economics of blockchain: innovation-centred and governance-centred. Argues that the governance approach — based in new institutional economics and public choice economics — is most promising, because it m...

The ways in which Internet traffic is managed have direct consequences on Internet users’ rights as well as on their capability to compete on a level playing field. Network neutrality mandates to treat Internet traffic in a non-discriminatory fashion in order to maximise end users’ freedom and safeguard an open Internet. This book is the result o...

Commons-based peer production (CBPP) constitutes today an important driver for innovation and social and cultural development, both online and off-line, through the establishment of an alternative, commons-based ecosystem, relying on peer production and collaboration among peers contributing toward a common good. Yet, to the extent that it operates...

In this paper, we focus on an ongoing—though too often neglected—phenomenon of decentralization in telecommunications networks: we show how the current revival of grassroots community networks can counterbalance the erosion of autonomy of Internet users that results from current telecom policies. The article begins by sketching out a short history...

Smart cities embed information and communication technologies (ICT) to create interactive milieus that constitute a bridge between the physical and the digital world. In their attempt to improve citizens' quality of life through a more efficient use and sustainability of resources, smart cities might, however, also raise important concerns as regar...

Social innovation presents new opportunities for participation and inclusion. Yet, many social innovation projects or initiatives are characterised by a power law distribution, where a large majority of contributions are provided by a very small portion of people. Besides, most of these initiatives lack a systematic structure and incentivization me...

http://ijlit.oxfordjournals.org/content/early/2014/06/11/ijlit.eau005.full.pdf?keytype=ref&ijkey=EzUAnysUcC5f9xz

Networks and governance. … This article analyzes the evolution of online distributed architectures, and how these could contribute to reopening the debate on the foundations of democracy on the Internet. The article specifically focuses on the case of mesh networks, whose architecture was initially designed to counter the limitations of authoritari...

The article examines the figure of the computer pirate, its facets and its evolution under the influence of technical developments and the regulation thereof. The analysis is carried out by looking at the interplay between legal, technical and social norms, focusing on the relationship between new technologies bypassing the law and the rules of law...

Commons-based peer-production (CBPP) constitutes today an important driver for innovation and cultural development, both online and offline. This led to the establishment of an alternative, Commons-based ecosystem, based on peer-production and collaboration of peers contributing to a common good. Yet, to the extent that this operates outside of the...

p>This article provides an overview of national policies and current discussions on the regulation of bitcoin in Europe and beyond. After presenting the potential threat that cryptocurrencies pose to governmental and financial institutions worldwide, it discusses the regulatory challenges and the difficulty for national regulators to come up with a...

Open Data is an important public policy that contributes to achieving greater transparency and broader access to information, more citizen participation and engagement, while also supporting innovation and economic growth. The pace at which the Open Data movement is spreading in different fields of endeavour can be taken as an illustration that soc...

Chaque jour un nombre croissant de données est massivement produit et collecté sur internet. Or parmi ces données (statistiques, cartographiques, textuelles), beaucoup émanent de l'administration et des collectivités. Elles ont incité les autorités publiques à développer le mouvement de l'Open data qui recouvre une politique systématique d'ouvertur...

p>Big data refers to the collection and aggregation of large quantities of data produced by and about people, things or the interactions between them. With the advent of cloud computing, specialised data centres with powerful computational hardware and software resources can be used for processing and analysing a humongous amount of aggregated data...

Internet and digital technologies allowed for the emergence of new modes of production involving cooperation and collaboration amongst peers (peer-production). In contrast with traditional models of production oriented towards the maximization of profits, these alternative modes of production are, more often than not, oriented towards the maximizat...

p>The high degree of centralisation that characterises many cloud-based services raises a series of challenges in terms of (a) security, due to there being only a few points of failure or attack, (b) privacy, due to the users’ lack of control over the collection and use of personal data, and (c) user autonomy, given that users increasingly depend o...

L'objet de cet article est d'explorer le modèle de " gouvernement ouvert " à partir de la mise à disposition de l'information publique et des expériences d'ouverture des données publiques (Open Data) menées par l'administration, les collectivités locales et les établissements publics en Europe et en France. Le principe de l'Open Data dans le secteu...

Traduit de l'anglais " open government ", le terme de " gouvernement ouvert " recouvre des initiatives assez variées comme l'administration en ligne et les portails de diffusion de l'information publique. Mais derrière cette notion technique, c'est bien d'une forme de conquête démocratique dont il s'agit, doublée de l'affirmation d'un principe irré...

The report explores some of the most crucial facets of Network Neutrality, underscoring its close relationship with the full enjoyment of end-users fundamental rights. The report also includes a proposal for a Model Framework on Network Neutrality that has been elaborated by the Dynamic Coalition through an open, inclusive and multi-stakeholder eff...

This chapter analyses the evolution of the Internet, shifting from a decentralized architecture designed around the end-to-end principle with powerful mainframe/personal computers at each end, to a more centralized network designed according to the mainframe model, with increasingly weaker user's devices that no longer have the ability to run a ser...

p>To the extent that they provide content or information to the public, many cloud operators can be regarded as infomediaries - information intermediaries between users looking for information and the supplier of that information. As a general rule, 'infomediaries' are considered to be neutral providers of information. People often believe that the...

Network Neutrality (NN) refers to the principle whereby all electronic communication should be treated in a non-discriminatory way, regardless of their type, content, origin or destination. Originally seen as a network design principle, it is, nowadays, increasingly regarded as a normative principle aimed at ensuring that all Internet users be gran...

p>Cloud computing technologies are commonly used for delivering content or information to users who no longer need to store this data onto their own devices. This is likely to have an important impact on the effectivity of copyright law in the context of online applications, insofar as the underlying infrastructure of the cloud is such that is allo...

Des implications métiers, sans nul doute, pour ces obligations particulières qui doivent être respectées lors de l'utilisation de données provenant du Big Data, afin de garantir leur qualité, leur conservation et les conditions de leur réutilisation tant d'un point de vue technique, économique que légal. Une charte, outil pour nous y aider, vient d...

p>This article presents a general analysis of how user autonomy in cloud computing is increasingly put into jeopardy by the growing comfort and efficiency of the user-interface. Although this issue has not been, thus far, explicitly addressed by law, it is a fundamental ethical question that should be carefully assessed to guide the future deployme...

Cet article présente une analyse historique de l'évolution des licences libres qui visent à maximiser à la fois la liberté des auteurs et des utilisateurs (parfois au prix d'imposer des restrictions tel que la clause copyleft), vers des licences moins libres (dites ouvertes) qui visent à offrir une plus grande liberté de choix aux auteurs. Internet...

p>Cloud computing services are increasingly hosted on international servers and distributed amongst multiple data centres. Given their global scope, it is often easier for large multinational corporations to effectively circumvent old taxation schemes designed around the concept of territorial jurisdiction and geographical settings. In view of obta...

p>This article presents a general analysis of how user autonomy in the cloud is increasingly put into jeopardy by the growing comfort and efficiency of the user-interface. Although this issue has not been, thus far, explicitly addressed by the law, it is a fundamental ethical question that should be carefully assessed to guide the future deployment...

Cloud computing can be defined as the provision of computing resources on-demand over the Internet. Although this might bring a number of advantages to end-users in terms of accessibility and elasticity of costs, problems arise concerning the collection of personal information in the Cloud and the legitimate exploitation thereof. To the extent that...

Cloud Computing enables the dynamic provision of resources on-demand over the Internet. The key advantage for users is that data becomes accessible from anywhere and at any time. However, to the extent that they lose control over the infrastructure, users can no longer control the way data can be accessed by them or by others. This is likely to neg...

Les communautés numériques sont nées avec la génération Y, qui a elle-même grandi dans un monde où l'ordinateur personnel et internet sont devenus facilement accessibles. Cette génération est considérée comme spontanément plus à l'aise que les précédentes avec les technologies de l'information, et l'ensemble des applications collaboratives que l'on...

Cloud computing represents a new business paradigm whereby a series of computing resources are offered as a service, available on-demand, on a pay-per-use basis, over the Internet. In this paper, we propose a hypothesis of how cloud computing can be described as a complex system and we describe the various risks and opportunities connected with the...

Copyright law has been challenged by the advent of digital technologies. It is today necessary to draw a distinction between the concept of a "copy" according to whether it refers to a physical copy (token) or a digital copy (type). While, in the physical world, the copy determines the scope of the copyright license, in the digital world, it is the...

The book begins with an analysis of copyright law as it applies to the physical and the digital world. The challenges that the law has to face in the digital environment are specifically addressed by illustrating how the self-regulating features of the copyright regime have been jeopardized with the advent of Internet and digital technologies. The...

With this paper, we wish to analyse the supposedly conflicting relationship between privacy/data protection and innovation on the Internet, in the context of cloud computing and big data. On the one hand, we try to untangle the different claims relating to the relationship between privacy/data protection and innovation, along with the regulatory op...

Cloud computing can be defined as the provision of computing resources on-demand over the Internet. Although this might bring a number of advantages to end-users in terms of accessibility and elasticity of costs, problems arise concerning the collection of personal information in the Cloud and the legitimate exploitation thereof. To the extent most...

As both the quantity and the variety of published material continue to grow over the years, keeping track of the different publications available and of their respective versions and editions has become a complex task. Besides, given the malleability of digital content, identifying the copy of a work consistently over time has become increasingly d...

In recent years, copyright law has been subject to a series of legislative reforms aimed at preserving the self-regulating feature of the copyright regime in the digital environment. However, as the law does no longer reflect their expectations, a growing number of right holders are relying on private ordering in order to adjust the default provisi...