Artificial Intelligence and Law

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.

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.

Autonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions. Its chapters question the adequacy of accident compensation systems designed around the human wrongdoer, or a human whose conduct can be attributed to a legal person, when the 'wrongdoer' is an autonomous system. With a multi-jurisdictional approach, including both common and civil law perspectives, this book examines the many challenges that autonomous systems present in tort law and sets forth that tort lawyers will need to significantly adjust their thinking to face these challenges. Focus is given to proposals and developments at an EU level and finding solutions to the problems brought about by autonomous systems. This insightful text will be of great value to both students, researchers and practitioners in tort law, accident compensation and AI. High tech companies, think tanks, consultancies and organisations interested in autonomous systems and accidents will also widely benefit from its expertise.

This open access book presents an interdisciplinary, multi-authored, edited collection of chapters on Artificial Intelligence ('AI') and the Law. AI technology has come to play a central role in the modern data economy. Through a combination of increased computing power, the growing availability of data and the advancement of algorithms, AI has now become an umbrella term for some of the most transformational technological breakthroughs of this age. The importance of AI stems from both the opportunities that it offers and the challenges that it entails. While AI applications hold the promise of economic growth and efficiency gains, they also create significant risks and uncertainty. The potential and perils of AI have thus come to dominate modern discussions of technology and ethics - and although AI was initially allowed to largely develop without guidelines or rules, few would deny that the law is set to play a fundamental role in shaping the future of AI. As thedebate over AI is far from over, the need for rigorous analysis has never been greater. This book thus brings together contributors from different fields and backgrounds to explore how the law might provide answers to some of the most pressing questions raised by AI. An outcome of the Católica Research Centre for the Future of Law and its interdisciplinary working group on Law and Artificial Intelligence, it includes contributions by leading scholars in the fields of technology, ethics and the law. 

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.

This timely book provides an extensive overview and analysis of the law and regulation as it applies to the technology and uses of Artificial Intelligence (AI). It examines the human and ethical concerns associated with the technology, the history of AI and AI in commercial contexts. Written by outstanding lawyers, technologists and other professionals, this book will help readers acquire an understanding of the taxonomy of AI, the legal rules that apply to AI and the way AI has been utilised in various commercial contexts. Key features include: explanation of the technology and practical legal issues relating to the use of AI exploration of AI in the traditional legal categories; including contract and tort law chapters written by procurement, legaltech, algorithm auditing and other professionals use cases from the main industries utilising the technology, such as financial services, real estate and insurance. Artificial Intelligencewill help to further readers' engagement with AI and enable them to ask themselves the right questions while doing so. It will prove a crucial reference point for all lawyers, policy makers and academics with an interest in the interaction between law and AI, and to any lawyer with clients that use or consider using AI in their business.