This article discusses the impact of social media and new technologies of participation on citizen participation in law-making. This article focuses on electronic petitioning and examines how Uber, a controversial ride-sharing digital platform, has maximized the impact of petitions for lobbying purposes. Despite the claims that Uber is bypassing multiple regulations including taxi and labour law regulations, the petitions initiated by this platform have mobilised thousands of citizens. Considering the self-selection bias that characterises these petitions, it remains unclear how these and other online petitions should be evaluated from the point of view of their democratic legitimacy. Drawing on the analysis of a number of recent Uber petitions initiated in the United States and the review of the legal and social science literature, I argue that the use of technology has shaped not only the quantity but also the quality of civic engagement: online mobilisation occurs at a faster pace, involves citizens that would otherwise not be inclined to participate, and addresses atypical topics. In addition, the digitalisation of civic engagement has promoted political and legal discussions in apolitical platforms and facilitated the access to more information at lower costs. I suggest that technology has nonetheless not solved the democratic deficits of online petitioning, partially due to its limited influence and the leadership of participatory initiatives.
In the last decade, several smart cities throughout the world have started employing Internet of Things, big data, and algorithms to nudge citizens to save more water and energy, live healthily, use public transportation, and participate more actively in local affairs. Thus far, the potential and implications of data-driven nudges and behavioral insights in smart cities have remained an overlooked subject in the legal literature. Nevertheless, combining technology with behavioral insights may allow smart cities to nudge citizens more systematically and help these urban centers achieve their sustainability goals and promote civic engagement. For example, in Boston, real-time feedback on driving has increased road safety and in Eindhoven, light sensors have been used to successfully reduce nightlife crime and disturbance. While nudging tends to be well-intended, data-driven nudges raise a number of legal and ethical issues. This article offers a novel and interdisciplinary perspective on nudging which delves into the legal, ethical, and trust implications of collecting and processing large amounts of personal and impersonal data to influence citizens' behavior in smart cities.
Recent EU legislative and policy initiatives aim to offer flexible, innovation-friendly, and future-proof regulatory frameworks. Key examples are the EU Coordinated Plan on AI and the recently published EU AI Regulation Proposal which refer to the importance of experimenting with regulatory sandboxes so as to balance innovation in AI against its potential risks. Originally developed in the Fintech sector, regulatory sandboxes create a test bed for a selected number of innovative projects, by waiving otherwise applicable rules, guiding compliance, or customizing enforcement. Despite the burgeoning literature on regulatory sandboxes and the regulation of AI, the legal, methodological, and ethical challenges of these anticipatory or, at times, adaptive regulatory frameworks have remained understudied. This exploratory article delves into the some of the benefits and intricacies of allowing for experimental instruments in the context of the regulation of AI. This article’s contribution is twofold: first, it contextualizes the adoption of regulatory sandboxes in the broader discussion on experimental approaches to regulation; second, it offers a reflection on the steps ahead for the design and implementation of AI regulatory sandboxes.
Nikkie de Jager was an unknown teenager from the small Dutch town of Uden until one of her videos ('The Power of Make-Up') went 'viral', amassing in a short period of time nearly 40 million views. 1 Her 'NikkieTutorials' make-up channel on YouTube soon became an online sensation with millions of views from different countries, helping her build an international reputation as a 'YouTuber' and make-up artist. Without prior training in communication, advertising, or even the beauty sector, de Jager's is a good example of an emerging 'profession': 'social media influencer'. A growing number of individuals, often without any traditional professional certification, have a job which consists in sharing moments of their daily lives, offering advice in different areas (e.g., fitness, beauty, food), and while doing so, endorsing consumer goods and services. In many cases, these social media influencers fail to properly disclose the commercial nature of their relationship with the companies behind these advertisements. Moreover, these channels are not limited to lifestyle advice and can have broader societal consequences, for example, on election results. The comedy and commentary channel of German YouTuber Rezo is a good example of how social media influencers are also having an impact in politics. On 18 May 2019, Rezo published a video criticizing the German Christian Democratic Union party (CDU), which gained well over 15 million views in three months, 2 and was subsequently endorsed by at least 90 other YouTubers, in an attempt to hold German politicians responsible, especially for their perceived lack of commitment to the fight against global 1
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