Commodification beyond data: regulating the separation of information from noise

Digital technology brought informational saturation to our lives. In cyberspace, private and business users need help to make valuable pieces of information stand out from the noise of excessive information. With search algorithms, recommender systems, and online advertising, digital platforms speci...

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Main Author: Linus J. Hoffmann
Format: Article
Language:English
Published: Cambridge University Press 2023-06-01
Series:European Law Open
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S2752613523000383/type/journal_article
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author Linus J. Hoffmann
author_facet Linus J. Hoffmann
author_sort Linus J. Hoffmann
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description Digital technology brought informational saturation to our lives. In cyberspace, private and business users need help to make valuable pieces of information stand out from the noise of excessive information. With search algorithms, recommender systems, and online advertising, digital platforms specialised in providing relief for this problem. Their technologies arrange digitalised information to make it intelligible and relevant for individuals. But the separation of information from noise did not only become a necessity to comfortably navigate the depths of the web, it also became a commodity. There is a demand for it, a supply, a price, and an exchange on markets which is enabled by private law. The examples of general search, recommender systems, and online advertising illustrate that. At the same time, their commodification can become problematic. This paper argues that in the European Union (EU), the separation of information from noise has become a contested commodity according to M. J. Radin’s framework. The Digital Services Act and the Digital Markets Act purposefully limit the influence of the market price mechanism on the design and allocation of the separation technology to protect legal goods like the democratic process, innovation, and privacy.
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spelling doaj.art-c8ae4d8e82744ea78deb62cbab99c2e12023-10-31T16:13:22ZengCambridge University PressEuropean Law Open2752-61352023-06-01242443310.1017/elo.2023.38Commodification beyond data: regulating the separation of information from noiseLinus J. Hoffmann0https://orcid.org/0000-0002-8877-9236University of Strathclyde, Glasgow, UKDigital technology brought informational saturation to our lives. In cyberspace, private and business users need help to make valuable pieces of information stand out from the noise of excessive information. With search algorithms, recommender systems, and online advertising, digital platforms specialised in providing relief for this problem. Their technologies arrange digitalised information to make it intelligible and relevant for individuals. But the separation of information from noise did not only become a necessity to comfortably navigate the depths of the web, it also became a commodity. There is a demand for it, a supply, a price, and an exchange on markets which is enabled by private law. The examples of general search, recommender systems, and online advertising illustrate that. At the same time, their commodification can become problematic. This paper argues that in the European Union (EU), the separation of information from noise has become a contested commodity according to M. J. Radin’s framework. The Digital Services Act and the Digital Markets Act purposefully limit the influence of the market price mechanism on the design and allocation of the separation technology to protect legal goods like the democratic process, innovation, and privacy.https://www.cambridge.org/core/product/identifier/S2752613523000383/type/journal_articleCommodificationDigital PlatformsDigital Services ActDigital Markets Act
spellingShingle Linus J. Hoffmann
Commodification beyond data: regulating the separation of information from noise
European Law Open
Commodification
Digital Platforms
Digital Services Act
Digital Markets Act
title Commodification beyond data: regulating the separation of information from noise
title_full Commodification beyond data: regulating the separation of information from noise
title_fullStr Commodification beyond data: regulating the separation of information from noise
title_full_unstemmed Commodification beyond data: regulating the separation of information from noise
title_short Commodification beyond data: regulating the separation of information from noise
title_sort commodification beyond data regulating the separation of information from noise
topic Commodification
Digital Platforms
Digital Services Act
Digital Markets Act
url https://www.cambridge.org/core/product/identifier/S2752613523000383/type/journal_article
work_keys_str_mv AT linusjhoffmann commodificationbeyonddataregulatingtheseparationofinformationfromnoise