Principles for a Data Economy

Principles for a Data Economy

The Principles for a Data Economy – Data Rights and Transactions is a transatlantic legal project carried out jointly by the American Law Institute (ALI) and the European Law Institute (ELI). The Principles for a Data Economy deals with a range of different legal questions that arise in the data economy. Since data is different from other tradeable items, the Principles draw up legal rules for data transactions and data rights that take into account the interests of different stakeholders involved in the data economy. The Principles are designed to facilitate contractual relations as well as the drafting of model agreements and can guide courts and legislators worldwide. The project proposes a set of principles that can be implemented in any legal system and is designed to work in conjunction with any kind of data privacy/data protection law, intellectual property law or trade secret law. The Principles do not address or seek to change any of the substantive rules of these bodies of law. The Project Team consists of Neil B Cohen and Christiane Wendehorst (as Project Reporters) and Lord John Thomas as well as Steven O. Weise (as Project Chairs). == Characteristics of data == The law governing trades in commerce has historically focused on trade in items that are tangible like goods or on intangible assets, such as shares or licenses. However, data does not fit into any of these traditional categories, nor does it qualify as a service. It is often unclear how traditional legal rules and doctrines can apply to data, as data is different from other assets in many ways. For example, data can be multiplied at basically no cost and can be used in parallel for a variety of different purposes by many different people at the same time (data is a “non-rivalrous” resource). Uncertainty regarding the applicable rules to govern the data economy may inhibit innovation and growth and trouble stakeholders like data-driven industries, start-ups, and consumers. == Stakeholders in the data economy == The Principles have taken the basic types of players and relations which can be found in data ecosystems as a starting point to provide guidance in different situations. The central actors in the data economy are data controllers (also called “data holders”). They are in a position to access the data and decide for which purposes and means this data should be processed. A controller may exercise control all by itself or share it with co-controllers, such as under a data pooling arrangement. Data processors provide the processing of data on a controller’s behalf as a service. Another important group of stakeholders includes those that contribute to the generation of data (e.g. data subjects). Other players in the data economy include data assemblers or data intermediaries (e.g. data trusts). == History of the project and timeline == Before the official adoption of the project by ALI and ELI bodies in 2018, the project team carried out a Feasibility Study from October 2016 to February 2018. In the following years, the project team produced a number of drafts (e.g. “Preliminary Drafts” No. 1 to 4, “Tentative Draft No. 1”) and project progress were regularly discussed with advisory bodies and members of both the ALI and the ELI. The project reporters also included feedback and insights from industry stakeholders and experts that was gained after several meetings and workshops, hosted, inter alia by UNCITRAL, UNIDROIT and several national governmental institutions. Tentative Draft No. 2 was presented at the ALI Annual Meeting in May 2021 and approved by ALI membership. The latest draft ("Final Council Draft") was also approved by the ELI Council and ELI Membership. The Principles for a Data Economy were presented at an international conference with representatives from institutions such as the Uniform Law Commission (ULC), the European Commission, UNIDROIT, the OECD, the International Chamber of Commerce (ICC) and the World Economic Forum (WEF) in October 2021. == Project structure == The current draft (“Tentative Draft No. 2”) of the Principles consists of five Parts that each governs different aspects of the data economy: General Provisions, Data Contracts, Data Rights, Third Party Aspects of Data Activities, and Multi-State Issues. === General Provisions === Part I includes general provisions that apply to all other Parts of the Principles for a Data Economy. This Part sets out the purpose of the Principles: they aim to make existing law in the field of the data economy more coherent and support the development of the law in this field by courts and legislators worldwide. It is also clarified that the Principles have a wide scope of application and can be used in a variety of ways by stakeholders in the data economy. The Principles may, for example, serve private parties as a basis for contract formation, guide the deliberations of arbitral tribunals or inspire national legislation. Part I then defines several key terms, such as ‘digital data’ and ‘data right’. The scope of the Principles is limited to matters where information is recorded as an asset, resource or tradeable commodity and where large amounts of data, rather than single pieces of information, are concerned. This Part also clarifies that remedies with respect to data contracts and data rights are left to the applicable national law. === Data Contracts === Part II lists different types of contracts that often occur in the data economy and establishes two broad categories, namely contracts for the supply and sharing of data and contracts for services with regard to data. Contracts for the supply and sharing of data include, e.g. data transfer contracts or data pooling arrangements, while contracts for services with regard to data cover contracts for the processing of data or data intermediary contracts. The Principles provide default terms for each contract type, on issues such as the manner in which data should supply or which characteristics the data supplied should meet. These default terms 'automatically' become part of the contract unless the parties agree otherwise. === Data Rights === Part III governs legally protected interests of players in the data economy that stem from the characteristics of data as a resource (e.g. its non-rivalrous nature) or from public interest considerations. Such data rights may include the right to data access, the right to require the controller to desist from data activities or to correct incorrect/incomplete data, or even to receive an economic share in profits derived from the use of data. For example, the Principles deal with data rights of stakeholders that had a share in the co-generation of data and identify different factors to be considered in determining whether to afford a party a data right. The underlying idea that parties who have contributed to the generation of data should have some rights in the utilization of the data is also recognized by governmental institutions, such as by the Japanese Ministry of Economy, Trade and Industry (METI), and the term co-generated data, which was coined by the Principles for a Data Economy, has been adopted, inter alia by the European Commission, the German Data Ethics Commission and the Global Partnership on Artificial Intelligence (GPAI). This Part also deals with data rights for the public interest, such as data sharing rights in the field of innovation. === Third Party Aspects === Part IV governs different situations in which data transactions interfere with the rights of third parties. Such rights include intellectual property rights or rights derived from data privacy or data protection law. This Part sets out under which circumstances data activities should be considered wrongful vis à vis another party. For example, a data activity (like data processing or the onward supply of data) could be considered wrongful, if a controller interferes with the rights of data subjects that are protected by data-protection law. A data activity could also be wrongful if the controller is non-compliant with contractual limitations on data activities, enforceable by the protected party (e.g. a controller may only process data for a certain purpose). If someone obtained access to data by unauthorized means (i.e. data “theft”) this could also be considered wrongful. The Part on Third-Party Aspects also takes a detailed look at the effects of the onward supply of data can have on third parties, while balancing the protection of third parties on the one hand, with the interests of data recipients and the desire to encourage data sharing on the other. === Multi-State Issues === As transactions in the data economy are international by nature and hardly occur within one legal system alone, the Part V of the Principles also briefly touches upon the applicability of the rules and doctrines of private international law to such transactions. == Links == Website of the “Principles for a Data Economy – Data Rights and Transaction

Baby Bundle (app)

Baby Bundle is a parenting mobile app for iPhone and iPad. It was designed to help new parents through pregnancy and the first two years of parenthood. Developed in collaboration with medical experts, it helps track and record the child's development and growth, offers parental advice, manages vaccinations and health check-ups, stores photos and provides baby monitoring services. == History == Baby Bundle was founded in the United Kingdom by brothers, Nick and Anthony von Christierson. Each worked in investment banking prior to developing Baby Bundle, Nick at Greenhill & Co., and Anthony at Goldman Sachs. The idea for the app came when a friend's wife voiced her frustration over having multiple parenting apps on her smartphone. Nick and Anthony left their jobs to create a single app that would include all those features. They conducted market research by interviewing more than 500 parents in the UK and US. It took them a year to build the app, which was named by their mother. Looking for endorsement, they first went to the US in 2013 and partnered with parenting expert and pediatrician Dr. Jennifer Trachtenberg. Baby Bundle was launched in the US and Canadian App Stores in April 2014. In the same month, it became the #1 parenting app in iTunes and was featured by Apple as the #1 Editor's pick across all categories. Mashable called it one of the "Top 5 Can’t Miss Apps." Baby Bundle raised $1.8m seed round in March 2015 to fund development. The money came from a range of angel investors from across the US, UK and Asia. The von Christierson brothers have signed a deal to co-brand the app in the Middle East and expect to launch in Europe and Africa. == Features == Baby Bundle is an app for both the iPhone or iPad and provides smart monitoring tools and trackers for pregnancy and child development. It acts as a growth and daily activity tracker and offers parental advice, manages vaccinations and health check-ups. It has a parenting guide with tips and advice on what to expect when the baby arrives. An interactive forum also lets parents ask questions from others in the community. The app is free and also include paid premium features like the ability to turn two iPhones running into a baby monitor, a cloud service to share the child's data with a spouse and the ability to store data on more than one baby.

Mean opinion score

Mean opinion score (MOS) is a measure used in the domain of Quality of Experience and telecommunications engineering, representing overall quality of a stimulus or system. It is the arithmetic mean over all individual "values on a predefined scale that a subject assigns to his opinion of the performance of a system quality". Such ratings are usually gathered in a subjective quality evaluation test, but they can also be algorithmically estimated. MOS is a commonly used measure for video, audio, and audiovisual quality evaluation, but not restricted to those modalities. ITU-T has defined several ways of referring to a MOS in Recommendation ITU-T P.800.1, depending on whether the score was obtained from audiovisual, conversational, listening, talking, or video quality tests. == Rating scales and mathematical definition == The MOS is expressed as a single rational number, typically in the range 1–5, where 1 is lowest perceived quality, and 5 is the highest perceived quality. Other MOS ranges are also possible, depending on the rating scale that has been used in the underlying test. The Absolute Category Rating scale is very commonly used, which maps ratings between Bad and Excellent to numbers between 1 and 5, as seen in below table. Other standardized quality rating scales exist in ITU-T Recommendations (such as ITU-T P.800 or ITU-T P.910). For example, one could use a continuous scale ranging between 1–100. Which scale is used depends on the purpose of the test. In certain contexts there are no statistically significant differences between ratings for the same stimuli when they are obtained using different scales. The MOS is calculated as the arithmetic mean over single ratings performed by human subjects for a given stimulus in a subjective quality evaluation test. Thus: M O S = ∑ n = 1 N R n N {\displaystyle MOS={\frac {\sum _{n=1}^{N}{R_{n}}}{N}}} Where R {\displaystyle R} are the individual ratings for a given stimulus by N {\displaystyle N} subjects. == Properties of the MOS == The MOS is subject to certain mathematical properties and biases. In general, there is an ongoing debate on the usefulness of the MOS to quantify Quality of Experience in a single scalar value. When the MOS is acquired using a categorical rating scales, it is based on – similar to Likert scales – an ordinal scale. In this case, the ranking of the scale items is known, but their interval is not. Therefore, it is mathematically incorrect to calculate a mean over individual ratings in order to obtain the central tendency; the median should be used instead. However, in practice and in the definition of MOS, it is considered acceptable to calculate the arithmetic mean. It has been shown that for categorical rating scales (such as ACR), the individual items are not perceived equidistant by subjects. For example, there may be a larger "gap" between Good and Fair than there is between Good and Excellent. The perceived distance may also depend on the language into which the scale is translated. However, there exist studies that could not prove a significant impact of scale translation on the obtained results. Several other biases are present in the way MOS ratings are typically acquired. In addition to the above-mentioned issues with scales that are perceived non-linearly, there is a so-called "range-equalization bias": subjects, over the course of a subjective experiment, tend to give scores that span the entire rating scale. This makes it impossible to compare two different subjective tests if the range of presented quality differs. In other words, the MOS is never an absolute measure of quality, but only relative to the test in which it has been acquired. For the above reasons – and due to several other contextual factors influencing the perceived quality in a subjective test – a MOS value should only be reported if the context in which the values have been collected in is known and reported as well. MOS values gathered from different contexts and test designs therefore should not be directly compared. Recommendation ITU-T P.800.2 prescribes how MOS values should be reported. Specifically, P.800.2 says:it is not meaningful to directly compare MOS values produced from separate experiments, unless those experiments were explicitly designed to be compared, and even then the data should be statistically analysed to ensure that such a comparison is valid. == MOS for speech and audio quality estimation == MOS historically originates from subjective measurements where listeners would sit in a "quiet room" and score a telephone call quality as they perceived it. This kind of test methodology had been in use in the telephony industry for decades and was standardized in Recommendation ITU-T P.800. It specifies that "the talker should be seated in a quiet room with volume between 30 and 120 m³ and a reverberation time less than 500 ms (preferably in the range 200–300 ms). The room noise level must be below 30 dBA with no dominant peaks in the spectrum." Requirements for other modalities were similarly specified in later ITU-T Recommendations. == MOS estimation using quality models == Obtaining MOS ratings may be time-consuming and expensive as it requires the recruitment of human assessors. For various use cases such as codec development or service quality monitoring purposes – where quality should be estimated repeatedly and automatically – MOS scores can also be predicted by objective quality models, which typically have been developed and trained using human MOS ratings. A question that arises from using such models is whether the MOS differences produced are noticeable to the users. For example, when rating images on a five point MOS scale, an image with a MOS equal to 5 is expected to be noticeably better in quality than one with a MOS equal to 1. Contrary to that, it is not evident whether an image with a MOS equal to 3.8 is noticeably better in quality than one with a MOS equal to 3.6. Research conducted on determining the smallest MOS difference that is perceptible to users for digital photographs showed that a MOS difference of approximately 0.46 is required in order for 75% of the users to be able to detect the higher quality image. Nevertheless, image quality expectation, and hence MOS, changes over time with the change of user expectations. As a result, minimum noticeable MOS differences determined using analytical methods such as in may change over time.

Universal Plug and Play

UPnP (originally Universal Plug and Play) is a set of Internet Protocol-based networking protocols that permits networked devices, such as personal computers, printers, Internet gateways, Wi-Fi access points and mobile devices, to seamlessly discover each other's presence on the network and establish functional network services. UPnP is intended primarily for residential networks without enterprise-class devices. Officially, only the abbreviations UPnP and UPnP+ are trademarked. UPnP assumes the network runs IP, and then uses HTTP on top of IP to provide device/service description, actions, data transfer and event notification. Device search requests and advertisements are supported by running HTTP on top of UDP (port 1900) using multicast (known as HTTPMU). Responses to search requests are also sent over UDP, but are instead sent using unicast (known as HTTPU). Conceptually, UPnP extends plug and play—a technology for dynamically attaching devices directly to a computer—to zero-configuration networking for residential and SOHO wireless networks. UPnP devices are plug-and-play in that, when connected to a network, they automatically establish working configurations with other devices, removing the need for users to manually configure and add devices through IP addresses. UPnP is generally regarded as unsuitable for deployment in business settings for reasons of economy, complexity, and consistency: the multicast foundation makes it chatty, consuming too many network resources on networks with a large population of devices; the simplified access controls do not map well to complex environments. == Overview == The UPnP architecture allows device-to-device networking of consumer electronics, mobile devices, personal computers, and networked home appliances. It is a distributed, open architecture protocol based on established standards such as the Internet Protocol Suite (TCP/IP), HTTP, XML, and SOAP. UPnP control points (CPs) are devices which use UPnP protocols to control UPnP controlled devices (CDs). The UPnP architecture supports zero-configuration networking. A UPnP-compatible device from any vendor can dynamically join a network, obtain an IP address, announce its name, advertise or convey its capabilities upon request, and learn about the presence and capabilities of other devices. Dynamic Host Configuration Protocol (DHCP) and Domain Name System (DNS) servers are optional and are only used if they are available on the network. Devices can disconnect from the network automatically without leaving state information. UPnP was published as a 73-part international standard ISO/IEC 29341 in December 2008. Other UPnP features include: Media and device independence UPnP technology can run on many media that support IP, including Ethernet, FireWire, Infrared (IrDA), home wiring (G.hn) and Radiofrequency (Bluetooth, Wi-Fi). No special device driver support is necessary; common network protocols are used instead. User interface (UI) control Optionally, the UPnP architecture enables devices to present a user interface through a web browser (see Presentation below). Operating system and programming language independence Any operating system and any programming language can be used to build UPnP products. UPnP stacks are available for most platforms and operating systems in both closed- and open-source forms. Programmatic control UPnP architecture also enables conventional application programmatic control. Extensibility Each UPnP product can have device-specific services layered on top of the basic architecture. In addition to combining services defined by the UPnP Forum in various ways, vendors can define their own device and service types. They can extend standard devices and services with vendor-defined actions, state variables, data structure elements, and variable values. == Protocol == UPnP uses common Internet technologies. It assumes the network must run Internet Protocol (IP) and then uses HTTP, SOAP and XML on top of IP, to provide device/service description, actions, data transfer and eventing. Device search requests and advertisements are supported by running HTTP on top of UDP using multicast (known as HTTPMU). Responses to search requests are also sent over UDP, but are instead sent using unicast (known as HTTPU). UPnP uses UDP due to its lower overhead, as it does not require confirmation of received data and retransmission of corrupt packets. HTTPU and HTTPMU specifications were initially submitted as an Internet Draft, but it expired in 2001; These specifications have since been integrated into the actual UPnP specifications. UPnP uses UDP port 1900, and all used TCP ports are derived from the SSDP alive and response messages. === Addressing === The foundation for UPnP networking is IP addressing. Each device must implement a DHCP client and search for a DHCP server when the device is first connected to the network. If no DHCP server is available, the device must assign itself an address. The process by which a UPnP device assigns itself an address is known within the UPnP Device Architecture as AutoIP. In UPnP Device Architecture Version 1.0, AutoIP is defined within the specification itself; in UPnP Device Architecture Version 1.1, AutoIP references IETF RFC 3927. If during the DHCP transaction, the device obtains a domain name, for example, through a DNS server or via DNS forwarding, the device should use that name in subsequent network operations; otherwise, the device should use its IP address. === Discovery === Once a device has established an IP address, the next step in UPnP networking is discovery. The UPnP discovery protocol is known as the Simple Service Discovery Protocol (SSDP). When a device is added to the network, SSDP allows that device to advertise its services to control points on the network. This is achieved by sending SSDP alive messages. When a control point is added to the network, SSDP enables that control point to actively search for devices of interest on the network or listen passively to SSDP alive messages from devices. The fundamental exchange is a discovery message containing a few essential details about the device or one of its services, such as its type, identifier, and a pointer (network location) to more detailed information. === Description === After a control point has discovered a device, it still knows very little about the device. For the control point to learn more about the device and its capabilities, or to interact with the device, it must retrieve the device's description from the location (URL) provided by the device in the discovery message. The UPnP Device Description is expressed in XML. It includes vendor-specific manufacturer information like the model name and number, serial number, manufacturer name, (presentation) URLs to vendor-specific websites, etc. The description also includes a list of any embedded services. For each service, the Device Description document lists the URLs for control, eventing and service description. Each service description includes a list of the commands, or actions, to which the service responds, and parameters, or arguments, for each action; the description for a service also includes a list of variables; these variables model the state of the service at run time and are described in terms of their data type, range, and event characteristics. === Control === Having retrieved a description of the device, the control point can send actions to a device's service. To do this, a control point sends a suitable control message to the control URL for the service (provided in the device description). Control messages are also expressed in XML using the Simple Object Access Protocol (SOAP). Much like function calls, the service returns any action-specific values in response to the control message. The effects of the action, if any, are modeled by changes in the variables that describe the run-time state of the service. === Event notification === Another capability of UPnP networking is event notification, or eventing. The event notification protocol defined in the UPnP Device Architecture is known as General Event Notification Architecture (GENA). A UPnP description for a service includes a list of actions the service responds to and a list of variables that model the state of the service at runtime. The service publishes updates when these variables change, and a control point may subscribe to receive this information. The service publishes updates by sending event messages. Event messages contain the names of one or more state variables and their current values. These messages are also expressed in XML. A special initial event message is sent when a control point first subscribes; this event message contains the names and values for all evented variables and allows the subscriber to initialize its model of the state of the service. To support scenarios with multiple control points, eventing is designed to keep all control points equally informed

Groundswell (book)

Groundswell is a book by Forrester Research executives Charlene Li and Josh Bernoff that focuses on how companies can take advantage of emerging social technologies. It was published in 2008 by Harvard Business Press. A revised edition was published in 2011. The book attempts to explain a shift in the relationship between customers and companies, in which companies are no longer able to control customers' attitudes through market research, customer service, and advertising. Instead, customers are controlling the conversation by using new media to communicate about products and companies. == Synopsis == The groundswell is characterized by several tactics that guide companies into using social technologies strategically and effectively. Listening: Businesses should listen to their customers to understand what the market is looking for in their products. In order to do this, a company needs to find out if their customers are using social technologies and how they are using them. Talking: Instead of advertising to customers, marketing departments should find creative ways to connect with users about their experience with a product and their feelings about the brand. One common method is participation in social networks. Energizing: Enthusiastic customers are part of the groundswell, and companies can recognize and appreciate these customers by creating online communities and social platforms where they can connect with the brand and provide reviews. Supporting: Businesses can harness the support of their own employees by creating internal social applications for them to connect with the brand, also known as enterprise social software. == Groundswell in action == === Examples === Some companies distinguish their product through the use of social technologies. Tom Dickson successfully marketed his Blendtec line of blenders through the viral marketing campaign Will It Blend? The groundswell spread marketing messages through Digg and YouTube with a small budget and little marketing experience. Other companies have been able to listen to and talk with the groundswell by building their own online communities. Procter & Gamble created beinggirl.com Archived 2016-04-10 at the Wayback Machine to introduce girls to P&G feminine care products. The community approach worked because the company could reach girls with information that might seem embarrassing or sensitive in a traditional marketing campaign. === Risks === Features of particular industries or companies can make direct customer engagement more difficult. For instance, some companies must work within industry regulations, national or multinational corporations must balance corporate and local engagement, and other companies must find ways to engage with customers on time-sensitive issues. == Reception == Kevin Allison of the Financial Times praised the book for its focus on Web analytics: "[Groundswell] is not so much a manifesto or a dissection of online culture as it is a how-to manual for executives and mid-level managers trying to navigate this fast-changing and often confusing environment." The book won the American Marketing Association Foundation’s Berry-AMA Book Prize for best marketing book of 2009. It was also listed by: Amazon, as one of the Top 10 Business & Investing Books of 2008 CIO Insight, as one of the Top 10 Business-Tech Books of 2008 and one of 10 Insightful Web 2.0 Books Fortune as Magazine as one of the 3 best Web books of 2008 Advertising Age as number 3 of 10 Books You Should Have Read BusinessWeek as one of the Best Innovation & Design Books of 2008 "strategy+business" as one of the Best Business Books 2008 and “Top Shelf” in Marketing

Imix video cube

The Imix (also known as ImMix) Video Cube is one of the first computer non-linear editing systems that was a full broadcast quality online video finishing machine. After its release in 1994, Imix released a more advanced version, the Imix Turbo Cube, which boasted 4 channels of real time layered visual effects. It was a hardware computer system controlled by an Apple Macintosh computer.

General-Purpose Serial Interface

General-Purpose Serial Interface, also known as GPSI, 7-wire interface, or 7WS, is a 7 wire communications interface. It is used as an interface between Ethernet MAC and PHY blocks. Data is received and transmitted using separate data paths (TXD, RXD) and separate data clocks (TXCLK, RXCLK). Other signals consist of transmit enable (TXEN), receive carrier sense (CRS), and collision (COL).