Artificial Intelligence and Law

This second edition provides a broad range of perspectives on the legal implications of artificial intelligence (AI) across different global jurisdictions. Contributors identify the potential threats that AI poses to the protection of fundamental rights and human wellbeing, anticipating future developments in technological and legal infrastructures. Providing critical insights into risk-based regulations and governance, leading experts discuss the rapid growth in AI's computational ability and the implications of its usage in consumer finance, law enforcement, business law and taxation. Chapters examine the rise of artificial creativity, the impact of AI on evidence inspection and criminal accountability, as well as the importance of responsible usage in the ever-changing AI landscape. Covering authorship, patents and copyright law as potential sites for misuse, this Research Handbook challenges notions of consumer autonomy and civil liability relating to damage caused by AI. This Research Handbook will be an essential reference source for students and scholars interested in AI law and regulation and will greatly benefit practising attorneys and regulators of technology.

This book presents a comprehensive analysis of the transformative impact of artificial intelligence (AI) on legal frameworks within the European Union and beyond. It illustrates both the promising benefits of AI in improving access to justice and the significant challenges that necessitate thoughtful regulatory frameworks and interdisciplinary cooperation. This book highlights the expansive applications of AI, ranging from case management to predictive analytics, while also scrutinizing ethical challenges and legal implications. It addresses the pressing issue of data protection in the context of Generative Pre-trained Transformer (GPT) technology, emphasizing the EU's commitment to individual privacy rights. This book also evaluates AI's role in public governance, using Albania as a case study, and examines the potential of blockchain technology in enhancing legal processes. The ethical nuances surrounding AI's integration into legal systems are critically examined, particularly regarding algorithmic bias and human oversight. This book advocates for a collaborative approach involving legal experts and data scientists to navigate these complexities effectively. This book is a key resource for postgraduate students, researchers, and legal professionals seeking to better understand the benefits and risks of incorporating AI into legal practice.

This informative Handbook provides a comprehensive overview of the legal, ethical, and policy implications of AI and algorithmic systems. As these technologies continue to impact various aspects of our lives, it is crucial to understand and assess the challenges and opportunities they present. Drawing on contributions from experts in various disciplines, the book covers theoretical insights and practical examples of how AI systems are used in society today. It also explores the legal and policy instruments governing AI, with a focus on Europe. The interdisciplinary approach of this book makes it an invaluable resource for anyone seeking to gain a deeper understanding of AI's impact on society and how it should be regulated. This title is also available as Open Access on Cambridge Core.

This textbook offers a starting point for the education of attorneys and other legal professionals about the potential impact of artificial intelligence (AI) on the law, as well as a forum for discussing artificial intelligence's legal and ethical concerns. Intended for classroom use, this book will help students, legal professionals and policymakers alike. AI is swiftly transforming the world, including the legal system. Legal applications to areas such as ethics, human rights, climate change, labor law, health, social protection, inequality, lethal autonomous weapons, the criminal justice system and autonomous vehicles, contract drafting, legal investigation, criminal analysis and evidence investigation, utilize AI. As AI becomes more sophisticated, its impact on the law will likely increase.

This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it investigates vital questions on where accountability and responsibility for AI-related violations of human rights should lie. Expert contributors examine the evolution, strengths, weaknesses and loopholes of international guidelines and standard-setting initiatives for AI by the United Nations, Council of Europe and European Union. Chapters focus on key situations in which the use of AI raises human rights concerns, including AI-supported decision-making in healthcare, public administration and cases of asylum; the use of facial recognition software; and the creation of deepfakes. Ultimately, the book highlights the need to establish effective oversight systems and adaptable remedies to protect human rights as AI continues to develop. Demonstrating the significant implications of AI technology in all areas of human life, this book is a vital resource for academics and students of international human rights law and European law. It is also an important read for policymakers and professionals interested in data security and the utilization of AI-powered solutions.

As artificial intelligence continues to transform our world, Europe stands at the forefront of ensuring this revolutionary technology serves humanity's best interests. This essential volume brings together experts on law, regulation, human rights, ethics, and policy to provide the first comprehensive analysis of Europe's pioneering approach to AI regulation.  From the landmark AI Act to data protection and data governance frameworks, this meticulously curated collection offers unprecedented insights into (1) the delicate balance between the public and private benefits of AI, and the public and private risks it poses; (2) the regulatory policy and regulatory strategy influencing European law-making; (3) the role of ethics and human rights in regulating AI in Europe; (4) the real-world implications of evolving European AI regulation; and (5) future challenges and opportunities in the rapidly evolving AI landscape. Distinguished contributors from the fields of legal scholarship, policymaking, and legal practice provide unique perspectives on the legal and policy foundations of the AI Act, the Council of Europe Framework Convention, and other international documents; the regulatory design and requirements of the AI Act; the challenges of using AI in adjacent legal and regulatory areas; ethical issues surrounding the technology and their impact on its proliferation in the private and public sectors; and compliance-related challenges and practical solutions in key sectors. This authoritative work offers invaluable guidance to help legal professionals, researchers, policymakers, and technology executives navigate the complexities of AI regulation at the intersections of innovation, the public and private good, and social control. The volume combines theoretical depth and contextual analysis with practical applicability, making it an indispensable resource for anyone involved in shaping or adapting to Europe's AI regulatory landscape. The book is also essential reading for AI researchers and developers, technology consultants and industry analysts, policymakers and regulators, legal practitioners and compliance officers.

It is inevitable, given the enormous media-driven concern generated by the recent application of artificial intelligence (AI) to an ever-expanding spectrum of day-to-day human experience, that the need for a clearly articulated legal response has become imperative. This book both clarifies the controversial issues surrounding the use of AI and explores in great detail how, far from being "unregulated," the creation, distribution, and operation of AI systems currently is, and will remain, subject to a vast array of existing laws and regulations all over the world. Demonstrating beyond any doubt that the traditional concepts of legal responsibility, including duty of care, negligence, and compensation for damages, will always be applicable to those humans who create and/or use artificially intelligent things or systems, the author shows how AI systems are clearly implicated in numerous existing legal regimes, including the following: relevant provisions under international law and EU law; applicable provisions in the laws of the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore; and numerous national provisions in the legal fields of health and safety, intellectual property, competition, privacy and data protection, and military engagement. However, given the lack of international consensus on this vitally important issue, the author suggests that any worldwide agreement on the legal responsibilities relating to the use of AI will need to be carefully defined, and that provisions will need to be reviewed to determine how they will apply to any new range of artificially intelligent creations. The purpose of this book is to review those legal concepts, throughout the world, that currently govern the application of AI and to comment on modifications or extensions of the rule of law that are being proposed as necessary to serve and protect humanity in relation to the expanding applications of AI. It is important that anyone who uses or is affected by AI products understands the relationship between existing laws and regulations in major markets around the world and those areas where initial regulations may be required. For them, for their counsel, and for the various policy and regulatory authorities confronted with AI issues, this book will prove an essential guide.

With Determann's Field Guide to Artificial Intelligence Law, readers can navigate a complex field traversing new technologies, business models, risks, rights, and legal issues. The author presents practical recommendations in a user-friendly and accessible format, designed to help organizations build and maintain their AI compliance and risk mitigation programs. A leading voice on data and technology law, Lothar Determann discusses existing and new laws pertaining to AI around the world and examines distinct advantages of different governance models. Key Features: Roadmap on how to identify, prioritize, and address risks and compliance obligations Checklists, action items, and sample protocols A-to-Z list of risks and mitigation measures Examples of jurisdiction-specific legal requirements Guidance on governance and accountability mechanisms Practitioners in corporate legal departments and private practice, compliance officers, programmers, privacy officers, data scientists, human resources (HR) specialists, and other professionals who must address AI and related legal compliance issues will find the guidance on risk assessments and mitigation, data law compliance, intellectual property, and other AI-related topics a vital resource.

Experts predict that in 5 years' time, more than 90% of all digital content will be wholly or partially AI generated. In a synthetic society, it may no longer be possible to establish what is real and what is not. Central to this open access book are 4 technologies on the frontline of this trend: humanoid robots, deepfakes, augmented reality, and virtual reality. Although they are only in their relative infancy, these technologies can already produce content that is indistinguishable from authentic material. The impact of this new reality on democracy, the judicial system, the functioning of the press, as well as on personal relationships will be unprecedented. Van der Sloot describes the technological fundaments of each of those technologies and maps their positive uses for educational purposes as well as for the treatment of patients, for the entertainment and creative industries, and the retail and financial sectors. The book also conceptualises their negative uses for fraud, deception, exploitation, identity-theft and exploitation, and shows their deeper effects on the post-truth society, the privatisation of the public sphere, and the loss of individual autonomy and societal trust. The book evaluates how the current European legal paradigm applies to these technologies, focussing on the right to privacy and data protection, freedom of expression, procedural law, tort law, and the regulation of AI. It discusses regulatory alternatives to solve existing regulatory gaps and shows that there are no easy answers. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

As computational power, the volume of available data, IT systems' autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the "autonomous systems" phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes - including judicial sentencing - also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence. If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change. The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.

Data sharing - broadly defined as the exchange of health-related data among multiple controllers and processors - has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of "open data" and "open innovation." The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today. Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Artificial intelligence (AI) has the potential to radically transform our society. It may lead to a massive increase in the capabilities of humankind and allow us to address some of our most intractable challenges. It may also entail profound disruption to structures and processes that have sustained our society over centuries. These developments present a unique challenge to the socio-economic constitutional arrangements which govern our world at national, regional and international level. The deployment of increasingly powerful AI systems, able to function with increasing degree of autonomy, has led to concerns over loss of human control of important societal processes, over the disruption of existing economic, social and legal relationships, and over the empowerment of some societal actors at the expense of others, together with the entrenchment of situations of domination or discrimination. It has also made increasingly clear how tremendous the potential benefits, that these technologies may bring, are to those who successfully develop and deploy them. There is therefore great pressure on governments, international institutions, public authorities, civil society organisations, industry bodies and individual firms to introduce or adapt mechanisms and structures that will avoid the potentially negative outcomes of AI and achieve the positive ones. These mechanisms and structures, which have been given the umbrella term 'AI governance', cover a wide range of approaches, from individual firms introducing ethical principles which they volunteer to abide by, to the European Union legislating an AI Act, which will prohibit certain types of AI applications and impose binding obligations on AI developers and deployers. The fast pace of innovation in the development of AI technologies is mirrored by the fast pace of development of the emerging field of AI governance, where traditional legislation by public bodies is complemented with more innovative approaches, such ashybrid and adaptive governance, ethical alignment, governance by design and the creation of regulatory sandboxes. The chapter "AI and Sensitive Personal Data Under the Law Enforcement Directive: Between Operational Efficiency and Legal Necessity" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. 

As the capabilities of Artificial Intelligence (AI) have increased over recent years, so have the challenges of how to govern its usage. Consequently, prominent stakeholders across academia, government, industry, and civil society have called for states to devise and deploy principles, innovative policies, and best practices to regulate and oversee these increasingly powerful AI tools. Developing a robust AI governance system requires extensive collective efforts throughout the world. It also raises old questions of politics, democracy, and administration, but with the new challenges posed by AI's growing influence on markets, governing structures, international relations, healthcare, science, and political activism. The Oxford Handbook of AI Governance delineates the scope of these issues and addresses the key questions of AI governance. Across forty-nine chapters, organized in nine major sections, the Handbook covers the theoretical and ethical foundations of AI governance, different frameworks for developing a governance structure for AI, practical perspectives on AI governance in different policy domains, economic analyses of AI governance, and concrete lessons about the impact of AI governance domestically and internationally. Chapter authors come from a wide set of disciplines, areas of study, and cultural backgrounds, providing a global perspective on AI governance.

Artificial Intelligence and Market Abuse Legislationpresents a wide-reaching interdisciplinary examination of the impact of AI on the EU Market Abuse Regulation (MAR). Assessing the principles and rules governing the MAR disclosure regime as well as the mechanisms of market manipulation, Filippo Annunziata examines the important role of AI systems in the prompt disclosure of inside trading information. The author analyses the threat of breaches in disclosure protocol posed by technological malfunctions, as well as the opportunities and drawbacks presented by market manipulation in algorithmic trading. This incisive book goes on to argue for greater trading venue monitoring and the installation of adequate systems that can analyse, predict and thus anticipate situations that result in market manipulation. A state-of-the-art study analysing the impact of AI in relation to MAR from both a disclosure regime and an algorithmic trading perspective, this book will be critical reading for researchers interested in the law on AI, and in the regulation of global financial trading and market regulation. It will also be of interest to practitioners and policymakers working in the global financial sector.

This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.

This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, recognising how it has been established over the last decade as one of the focal points of legal scholarly debate. Adopting a multidimensional approach, the Research Handbook on Law and Technologybrings together an array of esteemed experts and new voices in the field with chapters considering antitrust, artificial intelligence, consumer law, legal responses to techlaw uncertainties, internet, methodology, and human rights in the digital age. Contributors examine the interaction between various branches of law and technology and analyse specific challenges that technology poses to law and legal scholarship, using theoretical reasoning and case-specific examples to support key arguments. Ultimately, this Research Handbook encourages a critical approach when engaging with discussions on law and technology, arguing that our understanding can only be improved and developed by challenging existing paradigms. The Research Handbook on Law and Technologyis a fundamental resource for legal students, academics, researchers and practitioners interested in the legal challenges stemming from the use of different technologies. Providing a comprehensive examination of technology's multidisciplinary nature, this book will also appeal to academics in the fields of philosophy, social science, political science and public policy.

This provocative and timely book identifies and disrupts the conventional regulation and governance discourses concerning AI and big data. It suggests that, instead of being used as tools for exclusionist commercial markets, AI and big data can be employed in governing digital transformation for social good. Analysing the ways in which global technology companies have colonised data access, the book reveals how trust, ethics, and digital self-determination can be reconsidered and engaged to promote the interests of marginalised stakeholders in data arrangement. Chapters examine the regulation of labour engagement in digital economies, the landscape of AI ethics, and a multitude of questions regarding participation, costs, and sustainability. Presenting several informative case studies, the book challenges some of the accepted qualifiers of frontier tech and data use and proposes innovative ways of actioning the more conventional regulatory components of big data. Scholars and students in information and media law, regulation and governance, and law and politics will find this book to be critical reading. It will also be of interest to policymakers and the AI and data science community.

This book provides a comprehensive analysis of the primary challenges, opportunities and regulatory developments associated with the use of artificial intelligence (AI) in the financial sector. It will show that, while AI has the potential to promote a more inclusive and competitive financial system, the increasing use of AI may bring certain risks and regulatory challenges that need to be addressed by regulators and policymakers. After analysing the technological foundations of AI, the book focuses on the use and regulatory challenges of AI in the banking, capital markets and insurance industries. It also analyses, compares and assesses the different strategies and international approaches that have been adopted to address the challenges raised by the use of AI. The book concludes by providing a holistic and cross-sectoral analysis of the use of AI in the financial sector. The comprehensive, interdisciplinary, and industry-relevant approach adopted in Artificial Intelligence in Financewill provide students, practitioners and academics interested in financial markets with a broad understanding of the challenges and opportunities of AI in the financial sector. Additionally, the comparative and policy-oriented approach also adopted in the book will provide regulators and policymakers with innovative ideas and regulatory solutions that will help them address some of the most critical challenges associated with a new data-driven financial system.

AI in combination with other innovative technologies promises to bring unprecedented opportunities to all aspects of life. These technologies, however, hold great dangers, especially for the manipulation of the human mind, which have given rise to serious ethical concerns. Apart from some sectoral regulatory efforts to address these concerns, no regulatory framework for AI has yet been adopted though in 2021 the European Commission of the EU published a draft Act on Artificial Intelligence and UNESCO followed suit with a Recommendation on the Ethics of Artificial Intelligence. The book contextualises the future regulation of AI, specifically addressing the regulatory challenges relating to the planned prohibition of the use of AI systems that deploy subliminal techniques. The convergence of AI with various related technologies, such as brain-computer interfaces, functional magnetic resonance imaging, robotics and big data, already allows for "mind reading" or "dream hacking" through brain spyware, as well as other practices that intrude on cognition and the right to freedom of thought. Future innovations will enhance the possibilities for manipulating thoughts and behaviour, and they threaten to cause serious harm to individuals as well as to society as a whole. 　 The issue of subliminal perception and the ability to deceive and manipulate the mind below the threshold of awareness causes severe difficulties for law and democracy and raises important questions for the future of society. This book shows how cognitive, technological, and legal questions are intrinsically interwoven, and aims to stimulate an urgently needed transdisciplinary and transnational debate between students, academics, practitioners, policymakers and citizens interested not only in the law but also in disciplines including computer science, neuroscience, sociology, political science, marketing and psychology.