encore THE ANNUAL RESEARCH MAGAZINE OF THE ALEXANDER VON HUMBOLDT INSTITUTE FOR INTERNET AND SOCIETY VOLUME 2014 encore THE ANNUAL RESEARCH MAGAZINE OF THE ALEXANDER VON HUMBOLDT INSTITUTE FOR INTERNET AND SOCIETY VOLUME 2014 EDITORIAL Jeanette Hofmann, Director of the Humboldt Institute for Internet and Society The Internet keeps evolving, and so does the Alexander von Humboldt Institute for Internet and Society (HIIG). The first tweet ever sent from our initial domicile in the Humboldt-Universität at Bebelplatz said: “office space launched, coffee, music and people still lacking”. That was in October 2011. Less than a year later, we had already expanded so much that our spacious office became too small to accommodate all of us. The researchers had to move out and leave the management behind. Our new office at Hausvogteiplatz started with one single floor. Roughly three years later, we have almost taken over the whole building. The latest arrival at ‘HVP’ is our management team. While we are a bit sentimental about gradually abandoning the much beloved Bebelplatz office, we are very happy to have all HIIG people re-united under one roof. 2014 was a very busy year for us with a great many activities and results. In our second edition of encore, we are presenting again a cross section of our work. Unlike last year, however, we are highlighting three themes around Internet and society that proved to be particularly important for us. The ongoing revelations about pervasive surveillance on the Internet directly intersect with the Global Privacy Governance project of the research area Global Constitutionalism. The group has initiated a workshop series to address the question of legal remedies against interception. The series culminated in a well-attended conference with eminent speakers who offered highly relevant insights. Another workshop, which we jointly organised with the Federal Foreign Office, looked at the possibility of an international public law for the Internet. Global Internet governance was another important topic for the HIIG in 2014. In spring, we contributed to the NETmundial Conference held in São Paulo, which is now regarded as a first step towards a common framework of principles for the Internet. Our annual conference, co-organised by the Humboldt-Universität zu Berlin, also dealt with the intricate question of how to govern the global Internet. The conference featured the perspectives of actors, technology and content. Initiated in 2013, the HIIG’s Startup Clinics have become an effective, mutually beneficial method to bring together researchers and practitioners. Four doctoral students, specialising in human resources and management, law, finance, as well as business model innovation, offer support to founders to discuss their problems while simultaneously gathering data for their PhDs. While we are completing this year’s edition of encore, the year 2015 has already picked up speed and we are looking ahead towards another productive year of collaboration within and across the premises of the HIIG. Stay tuned! 5 4 Editorial 10 The institute’s lineup 12 Research Fellows 2014. Four prompts casted into a travel report 16 Looking at open science through the prism of a social dilemma 20 Path dependence of academic publishing 28 HIGHLIGHT SURVEILLANCE 30 The Europeanisation of intelligence services as a fundamental rights issue 35 Data protection vs. mass surveillance. Three workshops and one conference 38 Can human rights law bend mass surveillance? 51 The web as a social machine 54 Disobey 2.0 – civil disobedience in a digital world 60 Hacktivism 1-2-3: how privacy enhancing technologies change the face of anonymous hacktivism 76 Insight: Sports at the HIIG 78 HIGHLIGHT INTERNET GOVERNANCE 81 Internet governance. Actors, technology, content. 82 The virtual judge. On the butterfly-effect of Internet-enabled judicial review 89 Inside NETmundial. Discussing the future of the web 92 Trials and tribulations of changing oversight of core Internet infrastructure 99 New modes of being connected: The digital society, a productive algorithm 6 103 Global Network of Internet and Society Research Centers 108 Insight: Klausuren 110 Virtual worlds players – consumers or citizens? 126 How Love Steaks almost changed the German film industry 132 On imitation and innovation in the games sector: From Pong to Ridiculous Fishing 144 HIGHLIGHT ENTREPRENEURSHIP 146 Hardware startup funding – What makes it so different from software startups? 151 Startup Clinics Talks. Learn from the best 154 Protection instruments – for and against innovation 161 Insight: The #Gemüsemanufaktur 162 Conflict of conventions? What a social sciences view can reveal about the interconnection deal between Netflix and Comcast 170 Colourful case law. Citation analysis of the German constitutional court’s jurisprudence 177 Participating and making decisions online – Participation study 2014 of the HIIG 181 The German Science Year on digital society 182 Publications 2014 R.189 Research Report 2014 224 Imprint 7 ABOUT THE ALEXANDER VON HUMBOLDT INSTITUTE FOR INTERNET AND SOCIETY 8 Founded in March 2012, the Alexander von Humboldt Institute for Internet and Society is meant to enable scientific research in the field of Internet and society and to observe the development of the Internet in its interplay with societal transformation processes. The Institute for Internet and Society serves as a platform for academics and strives to encourage the co-operative development of projects, applications, and research networks. Through a variety of event formats, the institute opens up the academic work and research results for questions arising from political players, civil society, and business. The three founding associates – the Humboldt-Universität zu Berlin, the University of the Arts Berlin and the Social Science Research Center Berlin, in alliance with the Hans Bredow Institute for Media Research in Hamburg as an integrated co-operation partner – secure the multilayer perspectives of the institute by focusing on technological and legal perspectives as well as on sociological, economical, and artistic aspects. The Alexander von Humboldt Institute for Internet and Society aims to be a leading independent research institute with a global scope. With initial funding from Google (which has been renewed in 2014) the course of the incorporation of the institute started in 2011. Furthermore, the institute is supported and funded by e.g. KPMG, Federal Ministry of Education and Research. 9 THE INSTITUTE’S LINEUP Anna Hansch Internet-enabled Innovation Andreas Banholzer Lisa Hillers Internet-enabled Innovation Internet-enabled Innovation Kerstin Bass Jeanette Hofmann Internet-enabled Innovation Internet Policy and Governance Susanne Becker Mattis Jacobs Management Management Andrea Calderaro Leontine Jenner Internet Policy und Governance Internet Policy und Governance Lisa Chichowitz Christian Katzenbach Internet-enabled Innovation Internet Policy and Governance Kevin Dankert Urs Kind Internet and Media Regulation Internet-enabled Innovation Martina Dopfer Felix Krupar Internet-enabled Innovation Internet and Media Regulation Frédéric Dubois Artur Krutsch Internet Policy and Governance Management Benedikt Fecher Hannfried Leisterer Internet-enabled Innovation Global Constitutionalism and the Internet Kristin Franz Sebastian Leuschner Management Global Constitutionalism and the Internet Sascha Friesike Martin Lose Internet-enabled Innovation Internet and Media Regulation Kai Gärtner Benjamin Lück Management Global Constitutionalism and the Internet Kirsten Gollatz Rike Maier Internet Policy and Governance Global Constitutionalism and the Internet Maximilian von Grafenstein Uta Meier-Hahn Internet-enabled Innovation Internet Policy and Governance Adrian Haase Moritz Neujeffski Global Constitutionalism and the Internet Internet-enabled Innovation 10 Konstanze Neumann Thomas Schildhauer Internet-enabled Innovation Internet-enabled Innovation Markus Oermann Jana Schudrowitz Internet and Media Regulation Management Emma Peters Wolfgang Schulz Global Constitutionalism and the Internet Internet and Media Regulation Ingolf Pernice Rüdiger Schwarz Global Constitutionalism and the Internet Global Constitutionalism and the Internet Jörg Pohle Hanna Soditt Global Constitutionalism and the Internet Global Constitutionalism and the Internet Karina Preiß Julian Staben Management Internet and Media Regulation Nancy Richter Robin P. G. Tech Internet-enabled Innovation Internet-enabled Innovation Lies van Roessel Jennifer Wollniok Internet Policy and Governance Management Maria Rothämel Martin Wrobel Global Constitutionalism and the Internet Internet-enabled Innovation Osvaldo Saldías Larissa Wunderlich Global Constitutionalism and the Internet Management Armin Sauermann Lennart Ziehbart Internet-enabled Innovation Internet and Media Regulation Kaja Scheliga Theresa Züger Internet-enabled Innovation Global Constitutionalism and the Internet FELLOWS & ASSOCIATES Ayad Al-Ani · Antonio Compagnone · Anett Göritz · Ulrike Höppner · Nuri Khadem-Al-Charieh · Mordehai Moti Mironi · Christopher Newmann · Christian Pentzold · Cornelius Puschmann · Simon Rinas · Tobias Schneider · Hendrik Send · Stefan Stumpp · Florian Süssenguth · Leonie Maria Tanczer · Stefan Trifonov · Steffen Tröger FAREWELL 2014 Dennys Antonialli · Ina Bassarak · Engin Bozdag · Julia Ebert · Birgit Gebhardt · Björn Grzywacz · Stefan Groß- Selbeck · Travis Hall · Sarah Herweg · Constantin Hoferer · Maximilian Kornwachs · Stefan Keitel·