Artificial intelligence (AI)1, together with big data, is the driving force behind the ever-accelerating digital revolution. AI has what it takes to call into question our fundamental concepts and processes of political, social, economic etc. order (Macron, 2018; Zuboff, 2018), and the law will not be spared. Therefore, all societal actors (inter alia from politics, the economy, legal practice and academia) must take responsibility for the crucial twin tasks of determining the right, balanced relationship between AI and the law, and even to hybridise them. .
El passat 27 de juny de 2018, el grup de recerca Dret d'Internet - DDI (grup consolidat AGAUR 2017SGR1711), dels Estudis de Dret i Ciència Política de la UOC, va organitzar la jornada «Intel·ligència Artificial i Dret», a la seu de la Universitat Oberta de Catalunya, a Av. del Tibidabo, 39, de Barcelona. Com a ponents es va comptar amb la presència dels professors Manuel Desantes (catedràtic de Dret Internacional Privat, Universitat d'Alacant), Jane C. Ginsburg, Morton L. Janklow (professor de Dret de Propietat Literària i Artística, Columbia University Law School), Andrés Guadamuz (professor agregat de Propietat Intel·lectual, Universitat de Sussex), Aurelio López-Tarruella (professor titular de Dret Internacional Privat, Universitat d'Alacant), Alessandro Mantelero (professor de Dret Privat, Politecnico di Torino), Anna Ramalho (professora ajudant de Propietat Intel·lectual, Maastricht University) i Antoni Rubí Puig, (professor agregat de Dret Civil, Universitat Pompeu Fabra). ; On 27 June 2018, the "Internet Law" (IL) research group (consolidated group AGAUR 2017SGR1711) of the Legal Studies and Political Science department of the UOC organised the "Artificial Intelligence and Law" conference in the headquarters of the Universitat Oberta de Catalunya in Barcelona, on Av. Tibidabo 39. Speakers included the lecturers Manuel Desantes (Lecturer in International Private Law, Universitat d'Alacant), Jane C. Ginsburg, Morton L. Janklow (Professor of Literary & Artistic Property Law, Colombia University Law School), Andrés Guadamuz (Senior Lecturer on Intellectual Property, University of Sussex), Aurelio López-Tarruella (Tenured Lecturer in International Private Law, Universitat d'Alacant), Alessandro Mantelero (Professor of Private Law, Politecnico di Torino), Anna Ramalho (Assistant Professor of Intellectual Property, Maastricht University), and Antoni Rubí Puig (Assistant Lecturer in Civil Law, Universitat Pompeu Fabra). ; El pasado 27 de junio de 2018, el grupo de investigación «Derecho de internet» DDI (grupo consolidado AGAUR 2017SGR1711), de los Estudios de Derecho y Ciencia Política de la UOC, organizó la Jornada «Inteligencia Artificial y Derecho," en la sede de la Universitat Oberta de Catalunya, en Av. Tibidabo 39 de Barcelona. Como ponentes se contó con la presencia de los profesores Manuel Desantes, catedrático de Derecho internacional privado, Universitat d'Alacant), Jane C. Ginsburg, Morton L. Janklow, Professor of Literary & Artistic Property Law (Columbia University Law School), Andrés Guadamuz, Senior Lecturer on Intellectual Property (University of Sussex), Aurelio López-Tarruella, profesor titular de Derecho Internacional Privado (Universitat d'Alacant), Alessandro Mantelero, Professor of Private Law (Politecnico di Torino), Anna Ramalho, Assistant Professor of Intellectual Property (Maastricht University) y Antoni Rubí Puig, profesor agregado de Derecho Civil (Universitat Pompeu Fabra).
This paper presents an overview of legal aspects of the Information Society, especially, the role of the governments and new law regulation problems. It considers also what impact has for lawyers new information technology and artificial intelligence. The paper suggests (hat law can support Information Society formation processes or to be the obstacle for such processes. It is necessary as soon as possible to break the monopoly of telecom and to liberalize the market of integrated services. It is also necessary to establish the legal status of electronic documents and solve legal problems in order to protect documents and data in computer networks. It is especially important to avoid the split in the society into skilled professionals and "computer unliterate" people which are unable to work and even to live in new conditions. This problem is a great challenge for Government. The Government has responsibility also for solving other legal regulation problem which hinder to form Information Society. Lawyers must change their work style too. Artificial Intelligence (AI) plays an important role in this process because the legal knowledge is very complex, formalized in great degree and legal reasoning is logically based and uses precedents. AI can be helpful in order to conceptualize and to compare different law theories. It enables to use computers in knowledge management and can support the legislative engineering processes.
This paper presents an overview of legal aspects of the Information Society, especially, the role of the governments and new law regulation problems. It considers also what impact has for lawyers new information technology and artificial intelligence. The paper suggests (hat law can support Information Society formation processes or to be the obstacle for such processes. It is necessary as soon as possible to break the monopoly of telecom and to liberalize the market of integrated services. It is also necessary to establish the legal status of electronic documents and solve legal problems in order to protect documents and data in computer networks. It is especially important to avoid the split in the society into skilled professionals and "computer unliterate" people which are unable to work and even to live in new conditions. This problem is a great challenge for Government. The Government has responsibility also for solving other legal regulation problem which hinder to form Information Society. Lawyers must change their work style too. Artificial Intelligence (AI) plays an important role in this process because the legal knowledge is very complex, formalized in great degree and legal reasoning is logically based and uses precedents. AI can be helpful in order to conceptualize and to compare different law theories. It enables to use computers in knowledge management and can support the legislative engineering processes.
Political systems across much of the West are now subject to populist disruption, which often takes an anti-Constitutional form. This interdisciplinary book argues that the current analysis of anti-Constitutional populism, while often astute, is focused far too narrowly. It is held here that due to an obscured complex of dynamics that has shaped the history of the West since its inception and which remains active today, we do not understand the present. This complex not only explains the current disruptions across the fields of contemporary religion, politics, economics and emerging artificial intelligence but also how these disruptions derive each from originary sources. This work thereby explains not only the manner in which this complex has functioned across historical time but also why it is that its inherent, unresolvable flaws have triggered the shifts between these key fields as well as the intractability of these present disruptions. It is this flawed complex of factors that has led to current conflicts about abortion reform, political populism, the failure of neoliberalism and the imminent quantum shift in generative artificial intelligence. It is argued that in this, law is heavily implicated, especially at the constitutional level. Presenting a forensic examination of the root causes of all these disruptions, the study provides a toolbox of ideas with which to confront these challenges. This is a book of originality and significance, which will make fascinating reading for academics and researchers working in the areas of Socio-legal Studies, Legal Philosophy, Political Science, Theology, AI and Neuroscience.
Political systems across much of the West are now subject to populist disruption, which often takes an anti-Constitutional form. This interdisciplinary book argues that the current analysis of anti-Constitutional populism, while often astute, is focused far too narrowly. It is held here that due to an obscured complex of dynamics that has shaped the history of the West since its inception and which remains active today, we do not understand the present. This complex not only explains the current disruptions across the fields of contemporary religion, politics, economics and emerging artificial intelligence but also how these disruptions derive each from originary sources. This work thereby explains not only the manner in which this complex has functioned across historical time but also why it is that its inherent, unresolvable flaws have triggered the shifts between these key fields as well as the intractability of these present disruptions. It is this flawed complex of factors that has led to current conflicts about abortion reform, political populism, the failure of neoliberalism and the imminent quantum shift in generative artificial intelligence. It is argued that in this, law is heavily implicated, especially at the constitutional level. Presenting a forensic examination of the root causes of all these disruptions, the study provides a toolbox of ideas with which to confront these challenges. This is a book of originality and significance, which will make fascinating reading for academics and researchers working in the areas of Socio-legal Studies, Legal Philosophy, Political Science, Theology, AI and Neuroscience.
The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Part I -- Chapter 1. Problem Definition, Structure and Methodology -- Chapter 2. Cyber Security -- Chapter 3. Artificial Intelligence and Law -- Chapter 4. Data Protection -- Part II: Data Protection Law – Selected Countries of Asia -- Chapter 5. South Korea -- Chapter 6. Hong Kong -- Chapter 7. Macau -- Chapter 8. The Philippines -- Chapter 9. Taiwan -- Chapter 10. Lao -- Chapter 11. Vietnam -- Chapter 12. China -- Part III: North America -- Chapter 13. Canada -- Chapter 14. The United States -- Chapter 15. Comparison, Challenges and A Way Forward.
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In: Forthcoming in Nathalie Smuha (ed.), The Cambridge Handbook on the Law, Ethics and Policy of Artificial Intelligence (Cambridge University Press 2024)