15 research outputs found
Manipulative Matchmaking - A Legal and Ethical Assessment of Addictive AI Design in Dating Apps
No full textThis paper examines the deployment of manipulative and addictive design patterns in AI-driven dating applications, with particular attention to their legal treatment under the EU Artificial Intelligence Act and the European Convention on Human Rights. It argues that platforms such as Tinder and Hinge utilise emotionally persuasive interface features, ranging from gamified reward systems to algorithmic opacity, that condition user behaviour and compromise decisional autonomy. Drawing on behavioural science, affective computing, and platform governance literature, this article evaluates how manipulative design features in dating apps interfere with rights protected by Article 8 of the ECHR, particularly in relation to informational self-determination and psychological integrity. In parallel, it examines whether such systems could fall within the scope of prohibited manipulative AI under Article 5(1)(a) of the EU AI Act. Through the case study of the 2024 Match Group litigation and an analysis of cumulative design harms, the article contends that dating apps are not merely high-risk AI systems but may, under certain conditions, constitute prohibited AI. It concludes by calling for an intimacy-sensitive framework of algorithmic accountability, capable of addressing structural behavioural manipulation in emotionally charged digital contexts.Questo articolo esamina l'uso di modelli di progettazione manipolativi e che creano dipendenza nelle applicazioni di incontri basate sull'intelligenza artificiale, con particolare attenzione al loro trattamento giuridico ai sensi della legge europea sull'intelligenza artificiale e della Convenzione europea dei diritti dell'uomo. L'articolo sostiene che piattaforme come Tinder e Hinge utilizzano funzionalità di interfaccia emotivamente persuasive, che vanno dai sistemi di ricompensa "gamificati" all'opacità algoritmica, che condizionano il comportamento degli utenti e compromettono l'autonomia decisionale. Basandosi sulla scienza comportamentale, sull' "affective computing" e sulla letteratura sulla governance delle piattaforme, questo articolo valuta in che modo le funzionalità di progettazione manipolative nelle app di incontri interferiscono con i diritti tutelati dall'articolo 8 della CEDU, in particolare in relazione all'autodeterminazione informativa e all'integrità psicologica. Parallelamente, esamina se tali sistemi possano rientrare nell'ambito di applicazione dell'intelligenza artificiale manipolativa vietata ai sensi dell'articolo 5(1)(a) della legge europea sull'intelligenza artificiale. Attraverso lo studio di caso del contenzioso Match Group del 2024 e un'analisi dei danni cumulativi di progettazione, l'articolo sostiene che le app di incontri non sono semplicemente sistemi di intelligenza artificiale ad alto rischio, ma possono, in determinate condizioni, costituire un'intelligenza artificiale vietata. Si conclude invocando un quadro di responsabilità algoritmica attento all'intimità, in grado di affrontare la manipolazione comportamentale strutturale in contesti digitali carichi di emozioni
Fortifying privacy within policing and law enforcement data access practices
No full textThe CG v Bezirkshauptmannschaft Landeck judgment by the CJEU marks a pivotal development in EU data protection law, establishing that ‘processing’ includes even unsuccessful attempts to access data from mobile devices. This ruling stresses the necessity of judicial oversight, safeguarding the rights enshrined in Articles 7 and 8 of the Charter. Aligned with cases like Digital Rights Ireland and Schrems II, the decision highlights the balance between law enforcement's operational needs and individual privacy rights. Member States are urged to integrate comprehensive procedural safeguards to ensure uniform compliance with EU data protection standards
Manipulative phantoms in the machine:A legal examination of large language model hallucinations on human opinion formation
No full textThis paper investigates the novel implications of Large Language Model (LLM) hallucinations on cognitive liberty, the formation of informed opinions, and the potential for manipulative influence, especially in socio-psychological, academic and politically sensitive contexts. Employing a multidisciplinary methodology, the study integrates legal analysis to dissect the mechanisms driving LLM hallucinations. The analysis reveals the plausible risk for these hallucinations to distort public discourse, influence opinion formation, and propagate misinformation, thereby creating an unprecedented vulnerability in human-computer interactions. This study analyses existing legal frameworks, such as the EU AI Act, consumer protection law and Freedom of Thought, assessing their adequacy in addressing the manipulative impact of LLM hallucinations on independent human cognition
Cognitive freedom and legal accountability:Rethinking the EU AI act’s theoretical approach to manipulative AI as unacceptable risk
No full textThis paper examines the profound challenges posed by manipulative artificial intelligence (AI) and critically evaluates the adequacy of the EU AI Act in mitigating these threats. Modern AI technologies possess the capability to influence human cognition and behaviour imperceptibly, thus endangering cognitive freedom, the fundamental right to autonomous thought. Although the EU AI Act classifies manipulative AI as an unacceptable risk and prohibits its deployment, its current framework, characterized by imprecise definitions and regulatory gaps, undermines its efficacy in holding entities accountable and safeguarding individuals. To address these deficiencies, this paper introduces an innovative analytical method that traces the origins of manipulation, enabling a systematic understanding of the harm. Central to this discussion is the expanded concept of cognitive freedom, which transcends conventional notions of thought rights to encompass protection from covert digital influence. Through illustrative case studies, such as the use of psychographic profiling in political campaigns, the paper elucidates how data-driven methodologies can be harnessed to subtly mould public perception and decision-making. The analysis further investigates digital design strategies, including targeted advertising and algorithmic curation, which constrain user autonomy and erode independent judgment. The paper advocates for a restructured EU AI Act that incorporates precise definitions, mandatory transparency and continuous oversight by independent, multidisciplinary bodies. Such enhancements would strengthen the detection and regulation of manipulative AI practices. By embedding cognitive freedom within legal protections and proposing real-time audits and comprehensive ethical assessments, this paper outlines a strategic pathway for preserving cognitive autonomy. This approach aims to mitigate the erosion of mental sovereignty and uphold the essential principles of independent thought and informed decision-making within the rapidly evolving digital landscape
Monitoring quality of service on broadband networks
No full textRecent years have brought great change in the telecommunication environment: Separate voice, video and data networks are being replaced by "broadband integrated service digital network" (B-ISDN) networks capable of supporting heterogeneous traffic. One possible protocol for implementation of B-ISDN is the Asynchronous Transfer Mode (ATM). Quality of Service (QoS) has become an important factor in the deployment of this next-generation of data networks. The continuing increase in the volume of data to be carried has boosted the need for efficient QoS administration. Although the Connection Admission Control (CAC) algorithm is not specified by the International Telecommunications Union Telecommunications (ITU-T), it is still widely used to moderate bandwidth allocation, and User Parameter Control (UPC) algorithms can ensure that contractual stipulations are met. However, if an accurate QoS monitoring technique is implemented, both the CAC and UPC mechanisms will have a firmer foundation upon which to base their decisions. QoS monitoring will allow a network operator to take an action if deterioration in the network is detected.
This research focuses on the use of data interpretation to monitor the QoS of source bursty traffic based upon delay. The author has studied the monitoring process in a simulated environment of sufficient detail to produce statistically significant results. This research employs the implementation of a purpose-built simulation of an ATM network, in which the QoS experienced by different monitored sources is monitored in the presence of heterogeneous cross-traffic.
The results from this simulation provide a deeper understanding of traffic interaction in broadband networks. Techniques have been deivised, tested and validated for the monitoring of both Constant Bit rate (CBR) and Variable Bit rate (VBR) traffic. The results will ultimately assist in the design of new network management strategies for ATM. Other network protocols or testing equipment will benefit from the findings of the research
Shadowbanning unveiled:The landmark Belgian MEP case and its implications for digital rights
No full textShadowbanning, a widely used but under-acknowledged moderation tactic by platforms like Meta, has serious implications for freedom of expression across the political spectrum. Unlike overt censorship, shadowbanning restricts content visibility without users’ awareness, allowing platforms to influence discourse covertly and without transparency.With the Digital Services Act (DSA) now in effect, new standards for lawful, transparent content moderation are emerging. In a landmark move, the Belgian court system produced the first-ever legal rulings on shadowbanning in the significant Belgian MEP case. First, the Court of first instance of Bruges issued a judgment on the 4th of January 2022. That judgment was overruled by the Ghent Court of Appeal in its judgments displayed below of the 24th of October 2022 and the third of June 2024. Both of these appeal judgments are very interesting to understand the clever reasoning that's being developed to prove a shadowban. These judgments mark a turning point in EU digital rights law, setting a precedent that could redefine how platforms are held accountable for hidden censorship tactics.This case raises crucial questions: What was the legal position on shadowbanning prior to the DSA, and how has it evolved with the DSA’s implementation and this recent Belgian court decision? As the EU refines its stance on content moderation transparency, the implications of this ruling are poised to influence digital governance standards throughout Europe.Given the quality of the legal reasoning in the judgment and the fact that it is one of the first judgments in Europe on shadowbanning, this working paper includes a scientifically controlled translation of the judgment into English
