1,721,034 research outputs found
Effective Rights and Remedies in the Computable Era: Facing Informative Asymmetry When AI Adds to Transnational Cooperation
No full textNumerous contributions in the last years have dealt with identifying the advantages brought by the AI potential to the criminal justice systems, and perhaps even more authors have raised their voices about the risks posed by such technology for the integrity of fundamental rights in this domain.
However, AI systems often present significant challenges for transparency: information on the dataset is usually not available to the parties or the judge using the system, and a similar consideration may be made with regard to the information on the data processing methods and algorithms.
This Chapter builds on those studies by focusing on the notion of effectiveness in the multi-layer context of judicial cooperation.
With this perspective, the Chapter proceeds as follows: in section 2, an overview will be provided on the uses of AI systems in criminal justice, including investigations and judicial decision-making. In Section 3, a specific application of AI technology will be put in the context of the European Investigation Order cooperation mechanism. Looking at the EncroChat/Sky ECC transnational investigation that involved most EU Member States in recent years, the practical and systemic difficulties in ensuring fair trial rights will be highlighted when cooperation issues add up to technological challenges. Against such analysis, Section 4 stresses some proposals on how to approach the informative asymmetry typical of transnational technological investigations.
Last, Section 5 concludes by focusing on the policymaker perspective, examining the recently adopted AI act in light of the highlighted problematics, and proposing some corrective recommendations on better addressing such a complex state of affairs
Automation and liability: an analysis in the context of socio-technical systems
No full textThe introduction of highly automated technologies in socio-technical systems gives rise to new legal questions, especially as concerns liability for accidents, calling for new models of allocating decision-making tasks between humans and machines. In this article, I shall analyse the impact of automation in the allocation of liability within STSs. I shall also introduce the Überlingen aviation accident and analyse a lawsuit triggered by the accident, concerning the assessment of liabilities related to the development and use of automated technologies. I will conclude with some considerations on the role that the law can play with regards to the development and use of highly automated systems
Introduction
No full textThe volume develops an innovative analysis of EU cooperation mechanisms in the criminal matter through the lens of a computational approach to the law. This multi-level research tackles both EU and national legislation. The comparative analysis of the European Arrest Warrant, the European Investigation Order and Regulation 1805/2018 is integrated with legal informatics research, translating into computable language the relevant EU and national legislation. This breakthrough perspective highlights potentially uncovered deficit of the normative texts and enhances comparative analysis of legal systems, adding a novel viewpoint to the debate on the interaction between criminal matter and technology
Le ontologie giuridiche e la loro integrazione con i sistemi basati su regole
No full textIn questo contributo è descritta la creazione di una ontologia formale per il dominio del diritto d’autore, denominata ALIS IP Ontology. Le fasi dello sviluppo sono descritte sia dalla prospettiva giuridica sia dalla prospettiva tecnica. Sono discussi gli scopi e le caratteristiche di questa ontologia, i problemi incontrati durante il suo sviluppo, ed il modo in cui sono stati gestiti. Infine, è descritto il processo di integrazione dell'ontologia con una rappresentazione delle norme del diritto d'autore in forma di regole
INFORMATION TECHNOLOGY FOR THE LAW
No full textInformation technology has led to the emergence of the information society, a social model on which the private sector (industry, finance, insurance, etc.), the public sector (transport, healthcare, education, administrative services, etc.), and indeed most areas of human activity (culture, entertainment, etc.) rely on technologies that process information and on the production and exchange of information-based goods and services.
This has given rise to an information revolution that is creating new opportunities for individuals and for the whole of society, but in doing so it has also created new risks and consequently new challenges, both for the protection of social values and individual rights and for the promotion of technological development. In addition, the new environment is profoundly shaping the work of lawyers and legal professionals, who are increasingly finding themselves having to rely on information and communications technologies (ICT).
All lawyers stand to benefit from an understanding of the basic concepts and principles of ICT, for without such an understanding they would not be able to move about in the information society, much less address its legal issues.
Hence the need this work is intended to fill, proposing to offer an English-language introduction to the basic concepts of computing and information technology for lawyers and legal professionals. The book covers the legal aspects of the information society and the basics of computing, dealing with a range of topics and issues that include the Internet, data and algorithmic decision-making, artificial intelligence and law, liability and automation, and machine learning
When it is (also) algorithms and AI that decide on criminal matters: In search of an effective remedy
Full text linkThe paper presents the main areas of application of predictive systems based on algorithmic and AI technology, and analyses their impact on fundamental rights and fair trial principles. It focuses in particular on the definition of the right to an effective remedy against decisions taken (also) with the support of algorithmic and AI systems, and proposes some innovative solutions on how to ensure compliance with this right in technologically advanced criminal proceedings
Making Criminal Procedure Rights Computable
No full textArtificial Intelligence and algorithms are fundamentally transforming most aspects of human activities, starting with decision- making paradigms.
The criminal matter does not escape this phenomenon; actually, these technologies are a constant feature of current debates on the development of criminal justice policies. Until now, however, this trend has been especially evident with regard to the deployment of investigative tools that aim at supporting the
work of law enforcement in crime prevention and repression. AI can already be used today as a support to better understand complex legal bases, overcoming factors such as multilingualism and divergent legal cultures that negatively a!fect the capacity of defence lawyers to understand the conceptual framework that lies beneath legal notions and textual provisions of other legal systems, even within the EU. This is to say,
some forms of AI technology can help the legal operator, first of all the defendant and her defence counsel, to see through the layers of the textual expression and linguistic versions of the legal provisions, getting to the core of the legal notions. This may be obtained, as previously illustrated, by a computable approach to law, which exploits AI as a way to translate legal knowledge and reasoning in a symbolic representation that computers can understand and apply
Law via the Internet: Why there is no Lii for China?
No full textSpecial Interview with European University Institute’s Law Professor Dr. Giovanni Sartor、Max Weber Fellow Dr. Giuseppe Contissa and ittig-CNR’s Dr. Enrico Francesconi and Dr. Ginevra Perugenlli on FALM - Free Access to the Law Movements and LIIs - Legal Information Institutes in many countries
Liability and automation: legal issues in autonomous cars
No full textThe deployment of highly automated systems, such as autonomous cars, is going through an accelerated expansion: as usual for emerging disruptive technologies a slow start is followed by a more and more rapid surge. One of the most important legal issues concerning these systems is related to liability for accidents. In particular, highly automated systems will make choices and engage in actions – usually with some level of human supervision, or even without any such supervision. In this context, there is the need to analyse how the decision-making process is split between humans and machines, and critically revise the way tasks, roles, and liabilities are allocated. In this contribution we analyse the impact of automation in the allocation of liability within autonomous cars. We first discuss the tasks allocation between human and automation, and the resulting responsibilities. Then, we analyse how the introduction of different levels automation gives rise to a redistribution of tasks between human and automation and, therefore, a reallocation of the liability burden between the user and the manufacturer
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