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The Workshop
This IRIS Special is the result of a tried and tested formula
in which a workshop is held in order to bring together experts
from different professional backgrounds and countries. The
workshop was prepared with the help of a series of thematic
articles, which constitute the bulk of this IRIS Special.
In addition, the first chapter reports on the open exchange
of views and experiences held during the workshop and the
at times highly controversial discussion of questions that
were thrown up by the articles, particularly concerning whether
regulation is (a) possible and (b) necessary.
Technological dimension of search engines
This chapter looks at the basic functioning of search engines.
It highlights a particular weakness of virtually all current
search engines, whose text-based approach does not lend itself
to searches for non-textual, audiovisual content. It also
explains possible ways of overcoming this problem for searches
using images, audio and video material and comments on the
conceptional, technical and economic aspects of these systems.
Electronic Programme Guides
The rapid increase in the number of television channels has
led to the establishment of electronic programme guides, which
serve a similar purpose for TV viewers as search engines do
for Internet users. This chapter explores the challenges that
result from the exclusive copyright owned by television providers
over information about their programme content. It also deals
with existing international standards for the generation of
metadata and the related application issues. Finally, the
article looks at possible future prospects.
Data protection
Of all the legal considerations linked to increasingly powerful
search engines and the ever-growing quantity of information
on the Internet, guaranteeing data protection perhaps deserves
the most attention. The declared objective of search engines
- to offer perfect reach in terms of search results and perfect
recall with regard to the needs of the searcher - creates
a potentially powerful data-monitoring infrastructure. This
will become even more efficient as searches using audiovisual
content (e.g., face recognition in image searches) become
possible. The report describes the disintegration of so-called
"privacy via obscurity" and discusses the possible
need for action.
Freedom of expression
This article focuses mainly on the impact of the basic right
to freedom of expression and information on the responsible
regulation of search engines. It demonstrates the size of
the legal and regulatory challenges in this area and considers
the liability of search engines for third-party content under
EC law.
EU regulatory framework
Do search engines find themselves in a grey area between
electronic communications (transmission) and broadcasting
(content)? This chapter assesses the European regulatory framework
and examines the extent to which the legal instruments under
consideration may be applied to audiovisual search and content
navigation tools. Some initial thoughts are also given concerning
how the "gaps" might be filled.
Self- and co-regulation
After listing some of the risks triggered by Internet
search engines, the report discusses which public policy
objectives may be endangered by this remotely controlled
selection of information. On the basis of existing practical
experience, the possibilities and limitations of co- and
self-regulation are also investigated. Do these types
of regulation offer an alternative to State provisions
on how to deal with the aforementioned risks?
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