61 research outputs found

    From automation to autonomous systems: A legal phenomenology with problems of accountability

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    AI as a legal person

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    Abstract: The idea of the legal personhood of artificial intelligence (AI) — the idea that intelligent agents can have rights and incur obligations under the law— is controversial, and in fact is often dismissed out of hand: in this paper I will argue that, on the contrary, such legal personhood may be the next big challenge for our legal systems, and we need it to deal with the new kinds ofcomplexity introduced by AI. Furthermore, I argue that we already have experiences we can look: to this end we can draw on the reasoning applied to the legal personhood recognized for corporations and other nonhuman entities. In order to do this, I address some of the criticisms against ascribing legal personhood to AI. I also look at the Canadian and EU ethical guidelines so as to keep the development of AI within the framework of human values, and I show that an ascription of legal personhood to AI is consistent with them. I also address a few of the big issues involved in making the legal personhood of AI a reality.This paper is part of the project supported by the CONEX programme and has received funding from the Universidad Carlos III de Madrid, the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement N. 600371, el Ministerio de Economia, Industria y Competitividad (COFUND2014-51509), el Ministerio de Educacion, Cultura y Deporte (CEI-15-17) and Banco SantanderUniversidad Carlos III de Madrid (APC. Read & Publish Agreement CRUE-CSIC 2023

    An architecture for establishing legal semantic workflows in the context of integrated law enforcement

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    A previous version of this paper was presented at the Third Workshop on Legal Knowledge and the Semantic Web (LK&SW-2016), EKAW-2016, November 19th, Bologna, ItalyTraditionally the integration of data from multiple sources is done on an ad-hoc basis for each to "silos" that prevent sharing data across different agencies or tasks, and is unable to cope with the modern environment, where workflows, tasks, and priorities frequently change. Operating within the Data to Decision Cooperative Research Centre (D2D CRC), the authors are currently involved in the Integrated Law Enforcement Project, which has the goal of developing a federated data platform that will enable the execution of integrated analytics on data accessed from different external and internal sources, thereby providing effective support to an investigator or analyst working to evaluate evidence and manage lines of inquiries in the investigation. Technical solutions should also operate ethically, in compliance with the law, and subject to good governance principles

    Criminal liability of autonomous agents: from the unthinkable to the plausible

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    Series : Lecture notes in computer science, ISSN 0302-9743, vol. 8929The evolution of information technologies have brought us to a point where we are confronted with the existence of agents - computational entities - which are able to act autonomously with little or no human intervention. And their behavior can damage individual or collective interests that are protected by criminal law. Based on the analysis of different models of criminal responsibility of legal persons - which constituted an interesting advance in the criminal law in rela-tion to what was hitherto traditionally accepted -, we will appraise whether the necessary legal elements to have direct criminal liability of artificial entities are present.This work is part-funded by CROWDSOURCING project (Reference: DER2012-39492-C02-01)

    Legal linked data ecosystems and the rule of law

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    This chapter introduces the notions of meta-rule of law and socio-legal ecosystems to both foster and regulate linked democracy. It explores the way of stimulating innovative regulations and building a regulatory quadrant for the rule of law. The chapter summarises briefly (i) the notions of responsive, better and smart regulation; (ii) requirements for legal interchange languages (legal interoperability); (iii) and cognitive ecology approaches. It shows how the protections of the substantive rule of law can be embedded into the semantic languages of the web of data and reflects on the conditions that make possible their enactment and implementation as a socio-legal ecosystem. The chapter suggests in the end a reusable multi-levelled meta-model and four notions of legal validity: positive, composite, formal, and ecological

    Regulatory Fitness: Fintech, Funny Money, and Smart Contracts

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    © 2019, The Author(s). This article argues that there are many questions that lawyers might ask, and conversations that they might have, about smart contracts; that some questions that are asked are more important than others; and that there are some questions that are not asked but which should be asked. First, it is argued that the question that preoccupies ‘coherentists’ (concerning the application of the law of contract to smart contracts, and the fit between smart contracts and the paradigmatic ‘fiat contracts’ that are recognised by the law of contract) is neither as puzzling nor as important as might be supposed. Secondly, it is argued that, if there are concerns about the acceptability of smart contracts, then the conversation that needs to be had is of a ‘regulatory-instrumentalist’ nature; in particular, if the question is one of public policy restrictions on the use of smart contracts, then the appropriate balance of interests needs to be made by an institution that has both the necessary mandate and the appropriate mind-set. Thirdly, it is argued that there are conversations that we currently do not have but which urgently need to be had. Blockchain is a potentially transformative technology and it is important to have more fundamental conversations about the kind of community that we want to be
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