Skip to content
Artwork for Digital Governance
ScienceEducation

Digital Governance

Erasmus University Rotterdam

This podcast series is dedicated to digital governance. Digital governance is broadly understood as the legal and institutional rules which provide the framework in which digitalization unfolds. The podcasts will be centered around the research done by our DIGOV fellows. We will publish a series of podcasts, which are made using the AI tool Notebook LM. Each podcast will discuss a different article or book chapter, all within the broad framework of digital governance.

The podcast series starts with fundamental reflections about responsibility of AI agents. Who is liable when AI is involved in an accident? Can history help us to better understand how AI regulations should be employed? Or, what can moral philosophy tell law? Moreover, a podcast about science communication is presented, which addresses the question of how digital media impacts the communication of scientists.

Play
  • 13 episodes
  • Avg 17 min
  • English
  • #13
    June 18 · 24 min

    How the GDPR became the global privacy rulebook

    Path Dependence and Network Effects of the GDPR This article analyzes the global dominance of the General Data Protection Regulation (GDPR) through the theoretical lenses of path dependence and network effects. The authors describe how historical decisions created a self-reinforcing legal trajectory, leading to a "lock-in" phase where the EU standard prevails as the primary global framework. They identify four specific legal mechanisms—adequacy decisions, standard contractual clauses, binding corporate rules, and extraterritorial application—that incentivize third countries and international corporations to adopt European standards. By examining the evolution from early fragmentation to current unification, the text explains why shifting away from the GDPR is increasingly difficult for global actors. Ultimately, the researchers suggest that the EU must simplify the regulation to maintain its leading position and ensure the network remains attractive to new members. For the link of the publication of the article mentioned above, please click here.

  • #12
    June 2 · 19 min

    Data Governance - Treating Data like Nuclear Fuel

    This podcast explores the evolving legal and economic framework of data ownership, questioning whether current property rights adequately address the unique challenges of the digital economy. A governance crisis is identified where the United States faces "constitutional inversion" due to dominant tech platforms, while China operates under a system of state-driven digital arbitrariness. To resolve these issues, the podcast proposes a novel regulatory model inspired by the EURATOM treaty regarding nuclear materials. This alternative suggests that the public sector should hold residual control rights over data through an independent agency, granting companies usage rights while maintaining the power to enforce safety and competition. Ultimately, this approach aims to protect private autonomy and individual privacy by treating data as a distinct class of assets requiring a specialized institutional order. For the link of the publication of the article mentioned above, please click here.

  • #11
    May 20 · 21 min

    AI and Children: A Framework for Digital Development and Protection

    This whitepaper examines the integration of artificial intelligence into the daily lives of children and adolescents, focusing on its role in education, social media, and leisure activities. The authors highlight how AI can foster educational equity and individualized learning while simultaneously posing risks to the cognitive and emotional development of young users. Key concerns addressed include the vulnerability of minors to manipulation, algorithmic bias, and significant privacy risks associated with data collection. To mitigate these dangers, the text advocates for a multidisciplinary approach involving legal frameworks, age-appropriate design, and the promotion of AI literacy. Ultimately, the document and podcast characterize the responsible shaping of AI as a collective societal duty to protect children’s rights and autonomy in a digital world. For the link of the publication of the article mentioned above, please click here. An interview with Klaus Heine about the article is also published on the Plattform Lernende Systeme (in German). For the interview, please click here.

  • #10
    February 10 · 15 min

    Between Self-interest and Public Welfare – the Role of Policy Advisors

    The article investigates the complex relationship between academic experts and the political sphere, highlighting how scientific policy advice is often hindered by a lack of empirical consensus and a prevailing reproduction crisis in research. Moving beyond the ideal of objective guidance, the authors apply an economic lens to reveal that both politicians and advisors are frequently driven by self-interest, seeking to maximize their own power, prestige, and income rather than serving the public good. The text argues that modern social media has transformed researchers into communication instruments, where a scholar's personal brand is used by officials to legitimize predetermined agendas rather than to foster genuine evidence-based reform. For the link of the publication of the article mentioned above, please click here.

  • #9
    February 10 · 18 min

    Digital vulnerability in the era of AI

    The European Union has introduced the AI Act, aimed at establishing a comprehensive framework for regulating AI systems according to the level of risk they pose. This podcast focuses on the ex post dimension of digital vulnerability, identifying four obstacles that hinder individuals from seeking remedies through tort liability: the difficulty in identifying harm, the presence of pure economic loss, the quantification of non-material damage and the issue of federalism. Recognising these four elements provides a basis for reclassifying AI systems based on the nature of harm they may cause. This podcast will be explored through the article ‘Developing a harm-based approach to understand digital vulnerability in the era of AI: a perspective of the European Union’. This article is written by Klaus Heine and Shu Li. For the link of the publication of the article mentioned above, please click here.

  • #8
    Aug 22, 2025 · 11 min

    What Do Privacy Scholars Maximize? – Law as a Practice and Law as a Science.

    Ignacio Cofone’s book “The Privacy Fallacy” is the starting point for a methodological discussion about how the notion of privacy is approached by law. It is distinguished between law as a practice and law as science. The first is a technique of conflict resolution, while the latter derives empirically testable hypotheses from a theory. In “The Privacy Fallacy” we find both. Epistemological problems arise when the two approaches are not analytically separated. This discussion is guided by the article ‘What do privacy scholars maximize? – Law as a practice and law as a science’, written by prof. Heine. For the link of the publication of the article mentioned above, please click here.

  • #7
    Jul 1, 2025 · 21 min

    Autonomous Decision-Making as a Challenge for Legal Research.

    To get a better understanding of the fundamental problem that economic analysis of law has with autonomous decision-making, different routes for solving the problem are scrutinized. The analysis shows that the toolbox of Law and Economics does not yet provide a clear answer. Doctrinal law can also give no conclusive answers. Instead, this contribution proposes taking a closer look into legal history. The recourse to legal history can neither replace theory, nor can legal rules from the past be transplanted to the present. Yet, a look into legal history can provide fresh ideas on how to deal effectively with the challenges of autonomous decision-making. This podcast is guided by the following paper of prof. Heine: ‘Autonomous Decision-Making as a Challenge for Legal Research’. For the link of the publication of the paper mentioned above, please click here.

  • #6
    May 16, 2025 · 15 min

    GDPR and abuse of right

    The GDPR has shaken up the world for both businesses and consumers. New rights and obligations have emerged, and many revolve around various data protection requests. The recent case C-307/22 was analysed by Larisa Munteanu in a brief study that highlights how inconsistency may arise from attempted consistency, at EU level: Can "abusive requests" be both the genre and the species in certain circumstances? Should more guidelines be issued? The case note raised such questions, but also addressed the implications of the CJEU ruling in the context of data protection interpretations and several Private Law branches. For the link of the publication of the study mentioned above, please click here.

  • #5
    May 13, 2025 · 12 min

    What Shall we do with the Drunken Sailor? Product Safety in the Aftermath of 3D Printing.

    3D-printing aligns the digital and the material world. It questions the necessity of large scale production facilities for producing homogenous cheap products. It also questions the distinction between producer and consumer. This has very tangible repercussions for attributing liability. The podcast is guided by the paper ‘What shall we do with the drunken sailor? Product safety in the aftermath of 3D printing’ written by prof. Heine and S. Li. For the link of the publication of the paper mentioned above, please click here.

  • #4
    May 13, 2025 · 14 min

    Lobbying and social media: science communication as a case study.

    Social media has profoundly changed the communication between scientists and the public. Social media allows scientists to instantly communicate their sometimes not peer-reviewed research results to a wide audience. This gives scientists the chance to get political influence, although the research results are possibly wrong. What are the motives and interests of scientists being engaged on social media with their research ideas and opinions? This trend will be explored through a chapter from a German academic handbook, “Lobbying and Social Media: Science Communication as a Case Study”. This chapter is written by prof. Heine and U. A. Ohliger. For the link of the publication of the article mentioned above, please click here.

  • #3
    May 13, 2025 · 18 min

    Liability of Artificial Intelligence Systems – or: In Search of Lost Time.

    AI causes accountability gaps, but there is not yet a methodological toolkit to close those gaps. What are the problems of the contemporary methods? A distinction is made between law as practice and law as science. Legal history is proposed as a source of inspiration for today’s legal problems of AI. The discussion is guided by an academic chapter called “Liability of artifical intelligence systems – or: in search of lost time” written by prof. Heine for the book Competition, Law and Economic Policy by prof. Heine and prof. Budzinski. This podcast is in English, but the chapter and book are written in German. For the link of the publication of the chapter mentioned above, please click here.

  • #2
    May 13, 2025 · 10 min

    What can epistemology and moral philosophy teach law?

    This podcast asks on the most basic level, what the legal options are for giving AI legal status. This means a rigorous analysis of the relation between human and non-human decision makers. The podcast involves the question of consciousness, the meaning of legal personhood and a discussion of contractarian approaches. Only a good knowledge of these issues lays the fundament for legal reasoning of AI. This episode discusses the chapter “Human Rights, Legal Personality, and Artificial Intelligence – What Can Epistemology and Moral Philosophy Teach Law?” written by prof. Heine for the book Artificial Intelligence and Human Rights by A. Quintavalla and J. Temperman. For the link to the publication site of the book mentioned above, please click here.

  • #1
    May 7, 2025 · 22 min

    Bridging the accountability gap of artificial intelligence – What can be learned from Roman law?

    AI creates new problems for the attribution of responsibility. The incumbent law is not yet ready to close those gaps of responsibility. The look back into Roman Law might be helpful to get an idea of how the past dealt with autonomous agents and liability. Especially, how the Romans integrated slaves as decision making agents in their business transactions, is worth getting deeper into. The podcast focusses on the paper ‘Bridging the accountability gap of artificial intelligence – What can be learned from Roman law?’, written by prof. K. Heine and A. Quintavalla. For the link of the publication of the paper mentioned above, please click here.

Showing 1–13 of 13 episodes