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Eoin O’Dell

@cearta.bsky.social
1.3K followers 2.3K following 327 posts

Inefficient academic lawyer @tcddublin.bsky.social Trying to write about Free Speech. Also GDPR, IP, IT, Privacy, Private Law. Thinking about Bach, books, chess, coffee, movies, music, screenplays, sport, theatre, whiskey www.cearta.ie

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Eoin O’Dell @cearta.bsky.social · 22/09/2026
48K RAM! Z80A CPU!! Sinclair BASIC programming language!!! Thanks Sir Clive (RIP 5 years ago last week)
A 1980s Sinclair Spectrum micro-computer
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Eoin O’Dell @cearta.bsky.social · 22/09/2026
Breaking News! The SCOIR research group draft Open Access Bill has been taken up by the Irish Govt (p20 of the Legislation Programme) cearta.ie/2026/09/more... [Kudos: Frances Madden; @niamhbrennan.bsky.social; Kaberi Basu; Arushi Sharma; Martin Bradley. Tnx: @knowledgerights21.org] #OpenAccess
cearta.ie
More Breaking News! Open Access!! – Cearta.ie
We interrupt our scheduled programming to bring you some more breaking news.
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Coffee @coffeeexplorer.bsky.social · 07/09/2026
There's nothing like the journey from bean to brew! ☕️❤️ #Coffee #Latte #Brewing #Beans #Art
Coffee beans, ground coffee, and a latte with heart art on a wooden surface.
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Coffee @coffeeexplorer.bsky.social · 07/09/2026
Perfectly packed coffee grounds for that rich brew! ☕✨ #Coffee #Brewing #Espresso #Culture #Craft
A portafilter filled with freshly ground coffee sits ready for brewing.
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Coffee @coffeeexplorer.bsky.social · 07/09/2026
There's nothing like a cozy cup of latte art to brighten your day! ☕❤️ #Coffee #Latte #Art #Cozy #Cafe
A blue cup with latte art on a wooden table.
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Coffee @coffeeexplorer.bsky.social · 07/09/2026
There's nothing quite like the sound of coffee brewing! ☕️✨ #Coffee #Brewing #Espresso #Cafe #Aroma
Coffee is being brewed from an espresso machine.
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Coffee @coffeeexplorer.bsky.social · 06/09/2026
Sipping on the rich aroma of freshly brewed coffee ☕️✨ #Coffee #Brew #Beans #Cozy
A cup of coffee beside scattered coffee beans on a wooden surface.
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Coffee @coffeeexplorer.bsky.social · 07/09/2026
Harvest time for these vibrant coffee cherries! ☕🍒 #Coffee #Cherries #Harvest #Nature #Agriculture
A cluster of red and green coffee cherries on a coffee plant.
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SpinningHugo @spinninghugo.bsky.social · 03/09/2026
What a rip off law books are. Sent new editions of two books in my field. One can just about justify its existence, it has lots of new cases in it. The other, which has been going for over 20 years, has gone through many editions, and has hardly changed a word. There are no cases in it. /1
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Aidan O’Brien @aidanobrien.bsky.social · 03/09/2026
Surprised I've not seen more coverage of @bitsoffreedom.eurosky.social victory against Meta in the Dutch courts last year. BoF sued Meta for failing to properly implement changes to Insta & Meta's feed to allow users to easily opt out of recommender system algorithms. And won. (links in alt text)
https://www.bitsoffreedom.nl/en/2025/10/02/judge-in-the-bits-of-freedom-vs-meta-lawsuit-meta-must-respect-users-choice/

Judge in the Bits of Freedom vs. Meta lawsuit: Meta must respect users’ choice

    Platforms 

    02 October 2025

Today, the judge issued a ruling in the summary proceedings brought by digital human rights organization Bits of Freedom against Meta. The organization demanded that Meta gives its users, on apps such as Instagram and Facebook, the option to select a feed that is not based on profiling.
https://dsa-observatory.eu/2026/07/30/ineffective-by-design-bits-of-freedom-vs-meta-at-the-forefront-of-enforcing-user-control-for-recommender-systems-under-the-dsa/

Ineffective by design: Bits of Freedom vs Meta at the forefront of enforcing user control for recommender systems under the DSA
July 30, 2026 / in Analysis
By Matteo Fabbri
This post unpacks the legal arguments and implications of Bits of Freedom vs. Meta Ireland, a case which constitutes an important early example of private enforcement of the DSA and may influence EU-wide interpretations for how VLOPSEs must implement user controls for recommender systems.
On October 2nd 2025, the District Court of Amsterdam issued a ruling for the Bits of Freedom vs Meta Ireland case, concerning the difficulty of finding and permanently saving the non-profiled option for Facebook and Instagram's recommender systems. This first-of-its-kind legal decision is a case study for the private enforcement of the Digital Services Act (DSA), highlighting that user autonomy is fundamental to democratic processes and must not be circumvented by platform designs leading to choice fatigue.
The following unpacks the legal arguments in the case, considering both the initial court's ruling and its appeal by Meta, which implemented the required design changes to its interface for Dutch users in January
2026. It also reflects on the possible EU-level implications for the case, given the current lack of clear regulatory guidance in this area - a void which may be partly filled through private enforcement of the DSA.
Legal argumentshttps://dsa-observatory.eu/2026/07/30/ineffective-by-design-bits-of-freedom-vs-meta-at-the-forefront-of-enforcing-user-control-for-recommender-systems-under-the-dsa/

Legal arguments
In September 2025, the Dutch NGO Bits of Freedom (BoF) sued Meta, claiming it violated its legal obligations under Articles 25, 27 and 38 DSA). These provisions include a prohibition on design practices known as 'dark patterns' (Art. 25), transparency and controllability requirements for recommender systems (Art. 27), and an option for users to access non-profiled recommendations (Art. 38). The case was opened as a summary proceeding, due to the urgency of implementing changes to Meta's platform interfaces ahead of the Dutch parliamentary elections in October 2025. The court found Meta Ireland (the EU subsidiary of Meta Inc) not compliant with Art. 27(3) and 38.
Bits of Freedom's arguments against Meta were the following:
• The option for non-profiled recommendations on Facebook and Instagram is not directly and easily accessible.
• The platforms actively ignore user preferences by automatically reapplying a profiled feed at the start of every new session and during navigation between different sections of the app.
• The design makes it impossible for users to establish a persistent, non-profiled choice that carries over across sessions and page navigation.
• Activating the non-profiled recommender system penalizes the user by presenting a significantly different interface stripped of essential functionalities.
In its ruling, the court agreed with BoF's arguments, citing "the Instagram home page on the Android app, the reels section of Instagram (on both apps and the website), and the home page and reels section of Facebook (on both apps and the website) as examples of features that do not meet the requirements" of Articles 27(3) and 38.What happened after the initial ruling
Three months after the initial ruling, on 6th January 2026, Meta implemented the required interface changes, with a delay of six days with respect to the extended deadline set on 31st December 2025 (this was granted despite the urgency due to the Dutch elections of October 2025). However, around 4% of Facebook and Instagram users were unable to see these updates until at least mid-March 2026, as the company claimed that keeping this portion of users on the previous interface was temporarily necessary to resolve bugs and other technical issues arising from the launch.
The company appealed the first court's decision in January 2026, but eventually decided to contest only procedural aspects — particularly the "urgent nature of the lawsuit" - after withdrawing all the other objections one day before the hearing. The appeal ruling of 10th March 2026 confirmed "the contested ruling in all other respects" apart from the amount of the maximum sanction for non-compliance, which the judges doubled to 10 million euros. This means that the mandated interface changes will remain in place for Instagram and Facebook users in the Netherlands.
On 21st May, Bits of Freedom shared that Meta filed for cassation before the highest court in the Netherlands, the Supreme Court (Hoge Raad), which will verify whether the lower courts applied the law correctly, without reassessing the substance of the case. Despite being procedural in nature, the outcome of this future ruling, if in favour of Bits of Freedom, could set a significant precedent for the application of Art. 27 and 38 DSA across the EU; if favourable to Meta, it may restore the feed to the same version as in the rest of
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Donncha O’Connell @donnchalaw.bsky.social · 03/09/2026
The Dublin University Law Journal (DULJ) has published a special issue marking the Law Reform Commission’s 50th anniversary. www.irishlegal.com/articles/dub...
irishlegal.com
Dublin University Law Journal marks 50 years of the Law Reform Commission
The Dublin University Law Journal (DULJ) has published a special issue marking the Law Reform Commission's 50th anniversary.
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Leah Litman @leahlitman.bsky.social · 02/09/2026
I have a piece in the Atlantic about SCOTUS’s ballroom order - and how the Court has a very wrongheaded and destructive account of the separation of powers www.theatlantic.com/ideas/2026/0...
“The court is totally wrong on separation of powers”
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Sam Tranum @samtranum.bsky.social · 03/09/2026
So maintain fuel excise cuts to subsidise driving more, and raise public transport fares -- is that where we are at with transport policy atm
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The Irish Times @irishtimes.com · 30/08/2026
Rock on: Kevin O’Sullivan gets a much sought-after tour of Kerry’s Skellig Michael
irishtimes.com
Rock on: Kevin O’Sullivan gets a much sought-after tour of Kerry’s Skellig Michael
Coming down was a problem, with the dreaded possibility that my fear of heights resulting from my aunt dangling me by the legs over the Cliffs of Moher as a boy would return
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Eoin O’Dell @cearta.bsky.social · 30/08/2026
Cerulean Roche
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Coffee @coffeeexplorer.bsky.social · 27/08/2026
The aroma of freshly roasted coffee brings warmth to any day. ☕✨ #Coffee #Roasting #Beans #Aroma #Craft
A person pours roasted coffee beans from a roaster into a cooling tray.
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TTABlog @ttablog.bsky.social · 27/08/2026
TTAB Affirms Functionality Refusal of the Color Green for Surveyor Tripods thettablog.blogspot.com/2026/08/ttab...
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Anthony Michael Kreis @anthonymkreis.bsky.social · 26/08/2026
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Coffee @coffeeexplorer.bsky.social · 27/08/2026
Savor the rich aroma of coffee surrounded by fresh beans! ☕️✨ #Coffee #Beans #Aroma #Brew #Cozy
A cup of coffee sits atop a surface scattered with coffee beans.
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Steve Peers @stevepeers.bsky.social · 26/08/2026
As the article points out, this is likely to jeopardise the adequacy decision on the EU side, therefore complicating the flow of data between the EU and the UK
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Steve Peers @stevepeers.bsky.social · 26/08/2026
Meta reaches $17 billion settlement in case involving childrens' use of its platforms www.bbc.co.uk/news/live/cy...
bbc.co.uk
Meta agrees to pay up to $17.1bn to settle claims its platforms harm children
As part of the settlement, in which the company denies wrongdoing, the Facebook and Instagram owner agrees to make changes to its platforms nationwide.
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Matthew Tokson @mtokson.bsky.social · 26/08/2026
What is Fourth Amendment law now? My new essay, forthcoming in the Notre Dame Law Review, tries to answer that question. papers.ssrn.com/sol3/papers....
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Jeff Kosseff @jkosseff.bsky.social · 26/08/2026
I spent years writing a book about the importance of anonymous speech from our nation’s founding through modern times. Today’s Meta settlement is a huge - and possibly fatal - setback to the ability to speak anonymously online.
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Eoin O’Dell @cearta.bsky.social · 26/08/2026
Mammoth judgments, and how to stop them www.cearta.ie/2026/08/mamm... Brief reflections on a fascinating article by @pwarchuk.bsky.social, with thanks to his colleague Hilary Young for the pointer
cearta.ie
Mammoth judgments, and how to stop them – Cearta.ie
the Irish for rights
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Eoin O’Dell @cearta.bsky.social · 24/08/2026
Censorship and constitutional speech rights – Part 2 – good reasons and legitimate aims www.cearta.ie/2026/08/cens... My most recent blogpost in my ongoing series on the constitutionality of the Irish censorship Acts. All comments very welcome.
cearta.ie
Censorship and constitutional speech rights – Part 2 – good reasons and legitimate aims – Cearta.ie
the Irish for rights
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Eoin O’Dell @cearta.bsky.social · 24/08/2026
Censorship and constitutional speech rights – Part 2 – good reasons and legitimate aims www.cearta.ie/2026/08/cens... My most recent blogpost in my ongoing series on the constitutionality of the Irish censorship Acts. All comments very welcome.
cearta.ie
Censorship and constitutional speech rights – Part 2 – good reasons and legitimate aims – Cearta.ie
the Irish for rights
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Don Moynihan @donmoyn.bsky.social · 23/08/2026
New, from me: Everything seems awful, but Co. Kerry, Ireland is great. A photo essay on what to do if you visit (especially for Killarney and Dingle). Replies are open, so please add your own suggestions. donmoynihan.substack.com/p/welcome-to...
donmoynihan.substack.com
Welcome to Kerry
Why you should visit the best county in Ireland
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Michael Walker @mwalkerfoot.bsky.social · 22/08/2026
Hull City excellent, but Man United desperate, ponderous, blunt. Hard to believe a team can lack urgency on the season’s opening day.
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Ciara | Ciaraíoch 🎨 @ciaraioch.bsky.social · 21/08/2026
There should be a little voice clip on everyone's profile so you know what accent to read their posts in
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Ellen P. Goodman @ellgood.bsky.social · 19/08/2026
Because I too needed to comment on Zuck’s “AI for all” manifesto … open weight models are not free so long as oligarchs control compute. Nods to Ithiel de Sola Pool @asad09.bsky.social @smw.bsky.social @davidthewid.bsky.social @justinhendrix.bsky.social www.techpolicy.press/zuckerbergs-...
techpolicy.press
Zuckerberg’s AI Manifesto Lost it at Compute
It's worth asking what it would take to actually democratize AI at each layer of the stack, writes Ellen P. Goodman, starting with compute.
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Tech Policy Press @techpolicypress.bsky.social · 22/08/2026
Ellen P. Goodman, a professor at Rutgers Law School and co-Director of the Rutgers Institute for Information Policy & Law, asks what it would take to actually democratize AI at each layer of the stack, starting with compute—the layer Zuckerberg's latest manifesto skips.
techpolicy.press
Zuckerberg’s AI Manifesto Lost it at Compute
It's worth asking what it would take to actually democratize AI at each layer of the stack, writes Ellen P. Goodman, starting with compute.
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Chance the Lawyer @chancethelawyer.bsky.social · 21/08/2026
say what you will about the myriad valid concerns with current LLMs but I personally will never get over the fact that Aaron Swartz was prosecuted to his literal death for downloading JSTOR and then a decade later, they downloaded & ingested the entire world and our IP laws just went ¯\_(ツ)_/¯
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Alan Greene @alangreene.bsky.social · 20/08/2026
I am at the stage now that reading students' work with spelling and grammatical errors is reassuring as it suggests that I'm not reading AI-generated slop.
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Pat Walshe - Privacy Matters 🇮🇪🇬🇧🇪🇺 @privacymatters.bsky.social · 20/08/2026
3/ smart glasses reminds me of the excellent book, ‘The Face That Launched a Thousand Lawsuits’ yalebooks.yale.edu/book/9780300... “A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries”
yalebooks.yale.edu
The Face That Launched a Thousand Lawsuits
A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of orig...
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Coffee @coffeeexplorer.bsky.social · 20/08/2026
Brighten your day with a warm cup of coffee! ☕✨ #Coffee #Neon #Cozy #Vibes #Warmth
A neon sign spelling 'Coffee' illuminated with bulbs.
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Coffee @coffeeexplorer.bsky.social · 19/08/2026
Savoring coffee with a view that calms the soul. ☕🌊 #Coffee #Ocean #Relaxation #Morning #Peace
A hand holds a coffee cup against a serene ocean backdrop.
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Eoin O’Dell @cearta.bsky.social · 17/08/2026
Censorship and constitutional speech rights – Part 1 – political expression and autonomous communication www.cearta.ie/2026/08/cens... My most recent post in an ongoing series on the constitutionality of Ireland's Censorship of Publications Acts All comments very gratefully welcomed
cearta.ie
Censorship and constitutional speech rights – Part 1 – political expression and autonomous communication – Cearta.ie
the Irish for rights
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John Sipher @johnsipher.bsky.social · 17/08/2026
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Anna Holmes @annabookwriter.bsky.social · 17/08/2026
Hey, guys, when the librarians get pissed about the destruction of books, it’s time to put those listening ears on. Because we are very comfortable with the idea that books are tools that can be retired. What’s happening right now is not that.
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Eoin O’Dell @cearta.bsky.social · 17/08/2026
Censorship and constitutional speech rights – Part 1 – political expression and autonomous communication www.cearta.ie/2026/08/cens... My most recent post in an ongoing series on the constitutionality of Ireland's Censorship of Publications Acts All comments very gratefully welcomed
cearta.ie
Censorship and constitutional speech rights – Part 1 – political expression and autonomous communication – Cearta.ie
the Irish for rights
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Coffee @coffeeexplorer.bsky.social · 16/08/2026
Savoring the perfect cup of coffee with a touch of nature 🌿☕ #Coffee #Latte #Cozy #Nature #Cafe
A latte with a heart design on a marble table next to a small vase with a plant.
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Coffee @coffeeexplorer.bsky.social · 16/08/2026
Discover the vibrant beauty of coffee cherry trees! ☕🌿 #Coffee #Nature #Harvest #Plants #Farming
A close-up view of coffee cherries growing on a coffee plant among green leaves.
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Coffee @coffeeexplorer.bsky.social · 16/08/2026
Nothing beats the aroma of fresh coffee beans! ☕️✨ #Coffee #Beans #Burlap #Aroma #Roast
A close-up of roasted coffee beans in a burlap sack.
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Coffee @coffeeexplorer.bsky.social · 14/08/2026
The perfect espresso shot in the making! ☕✨ #Coffee #Espresso #Brew #Cafe
Espresso is being poured into a white cup from an espresso machine.
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Richard M Re @richardre.bsky.social · 14/08/2026
Justice Kagan on Prof Dick Fallon:
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Richard M Re @richardre.bsky.social · 14/08/2026
harvardlawreview.org/print/vol-13...
harvardlawreview.org
In Memoriam: Professor Richard H. Fallon, Jr. Harvard Law Review
The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I...
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Margot Finn @eicathomefinn.bsky.social · 15/06/2026
'Transcribe Bentham began in 2010, and another 20,000 or so manuscript pages require transcription. We’d like to invite your readers to help us complete the project and to explore the writings and correspondence of a figure of enormous historical importance.' #Skystorians
theguardian.com
Join the crowd digitising Jeremy Bentham | Letter
Letter: Dr Tim Causer invites readers to help complete a transcription project and to explore the writings and correspondence of the philosopher and reformer Jeremy Bentham
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Peter Geoghegan @petergeoghegan.bsky.social · 03/08/2026
Behind the bewildering transformation of British universities, are management consultants being paid millions Really proud to have this vital piece on our unis are being gutted from the inside by @jheathershaw.bsky.social on Democracy for Sale. Do read democracyforsale.substack.com/p/inside-bri...
democracyforsale.substack.com
Inside Britain's university crisis
As teaching staff face job loss, their bosses have netted pay rises and bought advice from a “vampiric” management consultancy, writes Prof. John Heathershaw of the University of Exeter
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