1,721,482 research outputs found
The way forward for better regulation in the EU : better focus, synergies, data and technology
No full textThe report was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the JURI Committee.This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, looks at the use of data for the purpose of regulatory assessment/evaluation. The author finds that data is needed to support evidence-based regulation, that information technologies, and in particular AI, can enable a more extensive and beneficial use of data, and that the use of data in ex-post evaluations can improve the regulatory process. The in-depth analysis offers policy recommendations
Study: New aspects and challenges in consumer protection. Digital services and artificial intelligence
No full textThe study addresses the new challenges and opportunities for digital services that are provided by artificial intelligence, in particular which regard to consumer protection, data protection, and providers’ liability.
The discussion addresses the way in which digital services rely on AI for processing consumer data and for targeting consumers with ads and other messages, with a focus on risks to consumer privacy and autonomy, as well as on the possibility of developing consumer-friendly AI applications.
Also addressed is the relevance of AI for the liability of service providers in connection with the use of AI systems for detecting and responding to unlawful and harmful content.
This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on the Internal Market and Consumer Protection (IMCO)
Le direzioni della ricerca logica in Italia
No full textLa logica- intesa in un senso ampio come lo studio dei metodi formali che garantiscono Ia correttezza del ragionamento - puo contribuire allo studio critico del diritto, e fornire strumenti concettuali utili alla stessa pratica giuridica. Gli studi di logica giuridica possono avere implicazioni che vanno a! di Ia del diritto. Infatti, quest'ultimo offre esempi realistici, documentati per iscritto, di contenuti e ragionamenti normativi, e in esso hanno luogo importanti applicazioni informatiche. Se Ia logica puo "catturare" il diritto, allora essa puo affrontare anche altre dimensioni della normativitlt: Ia morale, le regole sociali, le istituzioni, le strutture dell'interazione sociale. In particolare, le ricerche sulla logica giuridica sono rilevanti per Ia costruzione di agenti informatici o robotici guidati da norme e di sistemi multiagente govemati da norme condivise
Artificial intelligence and human rights: Between law and ethics
Full text linkThe ethics and law of AI address the same domain, namely, the present and future impacts of AI on individuals, society, and the environment. Both are meant to provide normative guidance, proposing rules and values on which basis to govern human action and determine the constrains, structures and functions of AI-enabled socio-technical systems. This article examines the way in which AI is addressed by ethical and legal rules, principles and arguments. It considers the extent to which the demands of law and ethics may pull in different directions or rather overlap, and examines how they can be coordinated, while remaining in a productive dialectical tension. In particular, it argues that human/fundamental rights and social values are central to both ethics and law. Even though they can be framed in different ways, they can provide a useful normative reference for linking ethics and law in addressing the normative issues arising in connection with AI
L'informatica giuridica e le tecnologie dell'informazione. Corso di informatica giuridica
No full textL’informatica giuridica studia gli aspetti giuridici della rivoluzione tecnologica, economica e sociale prodotta dall’informatica, l’elaborazione automatica delle informazioni. Il volume approfondisce i temi dell’informatica giuridica, esaminando le diverse connessioni tra le tecnologie informatiche e il diritto: introduce le tecnologie dell’informatica, soffermandosi sui loro fondamenti concettuali e culturali, e indica come tali tecnologie possano essere impiegate nelle attività giuridiche e come il loro uso possa essere regolato dal diritto. La rapida evoluzione delle tecnologie informatiche e della loro disciplina giuridica ha reso necessaria la preparazione di una nuova edizione a pochi anni dalla precedente. In particolare, il volume è stato integrato da sezioni dedicate ai seguenti temi: big data, open data, bitcoin, smart contract, diritti e governo della rete, memoria della rete e oblio, robotica, armi intelligenti
Search engines as controllers : inconvenient implications of a questionable classification. Case C-131/12, Google Spain and Google Inc. v. AEPD et Costeja Gonzalez
No full textA striking aspect of the ruling in Google v. Agencia Española de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez is the radical contrast between the Opinion of Advocate General Jääskinen and the decision of the Court of Justice (CJEU). Not only did the Advocate General and the CJEU reach contrary conclusions, but they also differing the analysis of essential points of the case and on the comparative assessment of the values at stake. Here, I shall focus on a key point of their disagreement, namely, the classification of search engine operators as controllers. I shall side with the Advocate General on this point, arguing that search engine operators should not be viewed as controllers who process personal data, with regard to the construction and usage of their indexes. I shall also argue that this view could be made consistent with an adequate protection of data subjects, by applying to data protection and search engines the regime of providers’ immunities established by the eCommerce Directive
Interpretation, argumentation, and the determinacy of law
No full textThe paper models legal interpretation though argumentation and provides a logical analysis of interpretive arguments, their conflicts and resulting indeterminacies in interpretation.
First a general pattern is introduced for representing interpretive arguments. Such
arguments are modelled as defeasible inferences, which can be challenged by
counterarguments. Arguments and counterarguments participate in larger argumentative interactions, where defeated arguments may be reinstated when their defeaters are in their turn defeated.
The idea is then developed of an interpretive argumentation basis, i.e., the set of
interpretive canons and premises that can be used to build or attack interpretive arguments.
It is shown what claims are possibly (defensibly) or necessarily (justifiably) supported by
the arguments constructible from a given interpretive basis. Finally, it is established under what conditions such arguments provide single outcomes, or rather support alternative interpretive solutions, and consequently lead to propositions of law whose truth value is undetermined
Defeasibility and Burdens of Proof
No full textDefeasibility is often related to burdens of proof. By meeting its burdens of proof, a
party may defeat a claim by the other party that would have been supported had the burdens
not been met. To provide an adequate logical account of burdens of proofs, two
notions need to be distinguished: the burden of production and the burden of persuasion.
First the burden of production is introduced, showing how it contributes to defining the
logical structure of legal norms. Then the burden of persuasion is introduced, and its
function is examined in adjudicating conflicts between arguments and in determining the dialectical status of such arguments and of the claims they support
The right to be forgotten : balancing interests in the flux of time
No full textPublished: 25 November 2015The passage of time may reverse the balance of interests involved in the processing of personal data. This provides a rationale for the so-called ‘right to be forgotten’—namely, data subjects’ right to exclude or limit the further processing of their personal information. This right has been endorsed in a number of judicial decisions in various EU Member States and has been affirmed in the recent Google-Spain decision by the European Court of Justice. To analyse the rationale of the right to be forgotten, I consider the evolving balance between legally relevant advantages and disadvantages resulting from the processing of personal data. For modelling this evolving balance, I propose a method based on the identification of trends over time and on their graphical representation. On the basis of this analysis, I consider how remedies and sanctions meant to implement the right to be forgotten may affect expectation and motivations of content and host providers, and consequently influence their behaviour. I argue that in the EU legal framework data subjects should be granted the right to request from competent authorities an injunction to have their personal data removed or their distribution limited when unrestricted online distribution is no longer justified by the balance of the interests at stake. However, sanctions against online distribution may induce premature forgetting. In particular, they may have a chilling effect on the distribution of information for journalistic purposes, negatively affecting freedom of expression and information
Human rights and information technologies
No full textOnline Publication Date: Jan 2017The social changes brought about by the deployment of information technologies are wide-ranging and fundamental. A human rights analysis of such technologically driven changes shows how they implicate significant opportunities as well as risks. The chapter argues that human rights are a core aspect of regulating such technologies, particularly as human rights provide a unifying purposive perspective for diverse technologies and deployment contexts. To this end, the chapter examines how the opportunities and risks of information technologies affect and relate to the fundamental values of freedom, dignity, and equality, as well as specific human rights, such as privacy or freedom of expression
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