Recent Debates in Cyberspace and Artificial Intelligence Law
Recent Debates in Cyberspace and Artificial Intelligence Law
Contributor(s): Nina Gumzej (Editor), Olga Sovová (Editor)
Subject(s): ICT Information and Communications Technologies, Socio-Economic Research, Philosophy of Law, Sociology of Law, Comparative Law
Published by: ADJURIS – International Academic Publisher
Keywords: Cyberspace; Artificial Intelligence Law; Law; Artificial Intelligence; cyberspace;
Summary/Abstract: This volume contains the scientific papers presented at the 3 rd International Conference on FinTech, Cyberspace and Artificial Intelligence Law that was held on March 31, 2023, Bucharest, online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://adjuris.ro/fintech/index_en.html. The scientific studies included in this volume are grouped into three chapters: • Alchemy of cyberspace in the fire of regulation. The papers in this chapter refer to: a few comments on FinTech in the light of cyber security; freedom of expression in cyberspace: the good and the bad; cyber space and security in the cyber environment - general considerations; profiling criminals in cyberspace; current standards for information security and privacy. • Artificial intelligence through the lens of today's law. This chapter includes papers on: new technologies are shaping arbitral proceedings; implications of ChatGPT technology on criminal law; the robot as a natural or legal person - another perspective on the concept of person; adapting non-contractual liability rules to artificial intelligence; artificial intelligence and the legal responsibilities in public financial administration. • Legal interface of the current standards in digitalization. The papers in this chapter refer to: brief considerations regarding work on digital platforms; digital Euro currency, economic and legal implications; the complexity of the legislative framework and the difficulties of correlation with economic and social impact in public administration - the digitalization of public services; blockchain technology and smart contracts - public policy needed in the technology race. This volume is aimed at practitioners, researchers, students and PhD candidates in cyberspace and artificial intelligence law, who are interested in recent developments and prospects for development in this field at international and national level. We thank all contributors and partners and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in AI law.
- Page Count: 184
- Publication Year: 2023
- Language: English
A Few Comments on FinTech in the Light of Cyber Security
A Few Comments on FinTech in the Light of Cyber Security
(A Few Comments on FinTech in the Light of Cyber Security)
- Author(s):Tereza Jonáková
- Language:English
- Subject(s):ICT Information and Communications Technologies, Socio-Economic Research, EU-Legislation, Sociology of Law
- Page Range:12-21
- No. of Pages:10
- Keywords:FinTech; segments of FinTech; cyber security; legislative background of FinTech; institutional background of FinTech;
- Summary/Abstract:The following paper examines the current opportunities for ensuring the security of cyberspace and financial technologies in relation to the institutional and legislative environment from the perspective of the European Union. The rapid growth in the field of financial technologies brings with it not only pros and benefits, but also cons and security threats, both on an individual and on a complex systemic level. The use of financial technology tools themselves thus poses not only the necessary co-responsibility of the target entities when using them, but also comprehensive reflections on, institutional security and national and supranational legal regulation of the so-called digital economy.
Freedom of Expression in Cyberspace: The Good and the Bad
Freedom of Expression in Cyberspace: The Good and the Bad
(Freedom of Expression in Cyberspace: The Good and the Bad)
- Author(s):Carmen Moldovan
- Language:English
- Subject(s):Human Rights and Humanitarian Law, ICT Information and Communications Technologies, Sociology of Law
- Page Range:22-35
- No. of Pages:14
- Keywords:free marketplace of ideas; scope; limits; normative equivalence; digital fundamental rights;
- Summary/Abstract:The hegemony of Internet and social networks created an unprecedented environment for communication of opinions and ideas, a fundamental need for the information society. Freedom of expression is one of the most important digital rights and strongly connected to the idea of a fundamental right to access to the Internet (supported by Special Rapporteur Frank la Rue and other international bodies) as part of fundamental rights. The aim of the paper is to analyse the flexibility of the scope and limits of freedom of expression in Cyberspace having as a starting point the general accepted approach that the same safeguards are applicable. The debate also concerns the power relationship between the owners of different parts of Cyberspace and the holders of rights that will be addressed from two different perspectives: positive and negative consequences. The constant evolution and development of communication technologies supports all components of expression and can be easily observed. The negative effects are more sensitive as they imply dissemination of hate speech, incitement to discrimination, war propaganda, misinformation, manipulation, and fake news.
Cyber Space and Security in the Cyber Environment. General Considerations
Cyber Space and Security in the Cyber Environment. General Considerations
(Cyber Space and Security in the Cyber Environment. General Considerations)
- Author(s):Carmen Silvia Paraschiv
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Information Architecture, ICT Information and Communications Technologies
- Page Range:36-40
- No. of Pages:5
- Keywords:cyber space; cyber security; optimization of human resources; virtual world; vulnerability; advantages; digital transformation; information technology; blockchain;
- Summary/Abstract:The tumult of changes recently encompassed the entire socio-economic field, including information technology, which developed rapidly and sustainably. If in its historical beginnings, information technology represented in society the tool that helped carry out the activity in the field in which it was used, in the sense of optimizing office activities, productive or non-productive, nowadays it is no longer possible to talk about carrying out any activity without the incidence information technology. Defining, in a generous manner, "cyberspace" we can say that it is the entire virtual world around us, the world in which and with which we carry out our entire activity.
Profiling Criminals in Cyberspace
Profiling Criminals in Cyberspace
(Profiling Criminals in Cyberspace)
- Author(s):Aurel Octavian Pasat
- Language:English
- Subject(s):Criminology, Social Informatics, ICT Information and Communications Technologies
- Page Range:41-52
- No. of Pages:12
- Keywords:cyber space; cyber crime; cyber crimes; cyber profiling;
- Summary/Abstract:The article deals with issues related to the definition of cybercrime, the ways in which crime manifestsitself in cyberspace, types of cybercrime, creating a profile of criminals in cyberspace. As in traditional criminal investigation, cybercrime profiling is a key component in cybercrime investigations as well. One of the components of this model is the theory by which it will be possible to describe, explain and subsequently predict not only criminal professionalism as a social phenomenon, but also the personality of a modern cybercriminal.
Current Standards for Information Security and Privacy
Current Standards for Information Security and Privacy
(Current Standards for Information Security and Privacy)
- Author(s):Tiberiu T. Ban
- Language:English
- Subject(s):Criminology, Social Informatics, ICT Information and Communications Technologies
- Page Range:53-71
- No. of Pages:19
- Keywords:information security; information privacy; security policies; processing procedures; preventing cyber-attacks;
- Summary/Abstract:The last ten years have seen a significant more than 10-fold increase in the number of cyber-attacks worldwide, resulting in an extremely large number of computer records being exposed to unauthorised persons. However, studies by independent international organisations reveal that 95% of these attacks exploiting security breaches could have been prevented. This paper reviews the main international and national standards related to the establishment of security policies and data processing procedures that are able to prevent cyber attacks on personal data, especially in the context of the Internet of Things. The analysis is a qualitative one aimed at highlighting best practices through security policies and processing procedures.
New Technologies are Shaping Arbitral Proceedings
New Technologies are Shaping Arbitral Proceedings
(New Technologies are Shaping Arbitral Proceedings)
- Author(s):Andrada Laura Tarmigan
- Language:English
- Subject(s):International Law, Social Informatics, ICT Information and Communications Technologies, Sociology of Law
- Page Range:73-80
- No. of Pages:8
- Keywords:technology law; international arbitration; innovation; digital justice;
- Summary/Abstract:The aim of this article is to analyze the impact and changes brought by new technologies in international arbitration procedures, what are the prospects for the future development of these tools in a fast-paced environment and how participants are expected to adapt in these off-the chain disputes. The results obtained through the comparative method are relevant for professionals involved in international arbitration. Furthermore, we will analyze the potential disputes arising out of the technology itself and how are these technologies going to shape decision making on a short, medium and long term. We will refer to the manner in which the leading institutions in arbitration and dispute resolution services position themselves. Lastly, we will refer to the potential issues of the parties’ acceptance of the “digital justice” and the prospect of autonomous enforceable arbitral awards.
Implications of ChatGPT Technology on Criminal Law
Implications of ChatGPT Technology on Criminal Law
(Implications of ChatGPT Technology on Criminal Law)
- Author(s):Silviu-Gabriel Barbu, Vasile Coman
- Language:English
- Subject(s):Criminal Law, Social Informatics, ICT Information and Communications Technologies, Sociology of Law
- Page Range:81-92
- No. of Pages:12
- Keywords:ChatGPT; OpenAI; artificial intelligence (AI); criminal law; criminal offence;
- Summary/Abstract:The scientific community has been discussing for a long time about the potential of creating an artificial, non-biological, impartial machine with human intelligence, considering that such an innovation with emotional - and not only computational - intelligence could bring many benefits to society, including the legal world. Recently introduced (November 2022) in a more publicly accessible form, the ChatGPT (Chat Generative Pre-trained Transformer) technology is one such artificial intelligence application, part of the OpenAI project, and is essentially built as a conversational interface with the potential to deliver results in a human-like manner. As an artificially intelligent chat-bot, ChatGPT has several functions subsumed to its use and performance, that are rather extensive, and there is a concern whether the ChatGPT technology may be used for judicial decision-making, in which context arises the question whether it can also be hijacked in order to commit criminal offences. The answer is positive, but accepting this fact raises some possible issues in criminal law enforcement practice such as establishing the guilt, the dialogue with the personal nature of the criminal liability, adapting the criminal sanction system to the specific environment of commission, and others, discussed in this article. ChatGPT is certainly the chat-bot of the moment and perhaps even of the year 2023. Formal artificial intelligence (AI) is still in its infancy, but despite its limitations, the ChatGPT technology can already be considered impressive in its timeliness and evolution compared to other automated chats or applications of robotics, as it has the capacity to communicate credibly and convincingly, as a human interlocutor and in real time.
The Robot as a Natural or Legal Person. Another Perspective on the Concept of Person
The Robot as a Natural or Legal Person. Another Perspective on the Concept of Person
(The Robot as a Natural or Legal Person. Another Perspective on the Concept of Person)
- Author(s):Cristina Elena Popa Tache, Marius Vasile Bârdan
- Language:English
- Subject(s):Social Informatics, ICT Information and Communications Technologies, Philosophy of Law, Sociology of Law
- Page Range:93-107
- No. of Pages:15
- Keywords:robot; religion; legal personality; new technologies;
- Summary/Abstract:The word you will find in the interface is to understand the concept of a person and what skills a being must have to be a person. This material also examines the religious perspective on the issue announced in the title. Manufacturers and computer scientists involved in building and training robots for consumers will need to consider the distribution market sector and by implication, the beliefs of the people who are to use this type of artificial intelligence as a tool. In the biblical account of man, it is said that man was created by God by a triumphant counsel: 'Let us make man in our image, after our likeness', and by making a person capable of communication, it means that he is a person, because communication makes you a person, but a freely consented communication. The concept of a person has evolved over time so that in the Greek period the man who was not free could only express himself behind a mask, as in the performance of a character in a play today, then in the Roman world, as a man who was not free could only express himself by having a patron who gave social witness for the man to express himself freely. So, freedom of expression was an ability of the human person, of a natural person in the legal sense. The article tries to expose the chosen topic from the perspective of two authors with their particular opinions: the professor of law in communications and new technologies who sees the objective whole of things and the eminent student, Orthodox priest who comes up with particularly interesting arguments. In the preparation of this material, we used an introspective method with qualitative and quantitative values.
Adapting Non-Contractual Liability Rules to Artificial Intelligence
Adapting Non-Contractual Liability Rules to Artificial Intelligence
(Adapting Non-Contractual Liability Rules to Artificial Intelligence)
- Author(s):Vasile Nemeş, Gabriela Fierbințeanu
- Language:English
- Subject(s):Social Informatics, ICT Information and Communications Technologies, Philosophy of Law, Sociology of Law
- Page Range:108-114
- No. of Pages:7
- Keywords:artificial intelligence systems; burden of proof; holistic liability system; level of harmonization;
- Summary/Abstract:Current national liability rules are not adequate to deal with liability claims for damage caused by AI-based products and services. The specificity of AI systems, their complexity and especially their autonomy and opacity (the so-called "black box" effect) make it difficult for victims to identify who is liable and to prove liability claims. The European Commission's AI policies propose a holistic approach to liability, aiming at adaptations of product liability under the Product Liability Directive and specific harmonisation under the Proposal for a Directive on the adaptation of non-contractual liability rules to artificial intelligence. These two initiatives complement each other to form an effective global civil liability system. They respond to the scenarios in which the risks envisaged by the general framework provided by the Proposal for a Regulation laying down harmonised rules on artificial intelligence (AI Act) materialise. This paper proposes a first incursion into the liability frameworks for damage caused by AI systems as set out in the Proposal for a Directive of the European Parliament and of the Council on the adaptation of the rules on non-contractual civil liability to artificial intelligence (the AI Liability Directive).
Artificial Intelligence and the Legal Responsibilities in Public Financial Administration
Artificial Intelligence and the Legal Responsibilities in Public Financial Administration
(Artificial Intelligence and the Legal Responsibilities in Public Financial Administration)
- Author(s):Olga Sovová, Zdeněk Fiala
- Language:English
- Subject(s):Public Administration, Social Informatics, ICT Information and Communications Technologies, Sociology of Law
- Page Range:115-124
- No. of Pages:10
- Keywords:financial administration; digitalisation; artificial intelligence; privacy; legal responsibility;
- Summary/Abstract:New digital technologies, especially tools for gathering information about persons and legal entities, are inevitable in modern public administration. State financial services and the tax administration represent one of the most critical parts of the administrative bodies, creating vast databases of personal and economic data. The exploitation of various software tools, including artificial intelligence for collecting, grouping and evaluating data sets, poses questions about the legal responsibility of the public administration when using such efficient but also assailable tools to intrude into personal and business privacy and space. The paper examines the new trend in the European Union for utilising digital technologies for public financial services. Based on the Czech tax control experience, the paper highlights the procedure's possible risks and weak spots. The paper points out possible benefits both for addressees and public authorities. The paper focuses on the responsibility of the public authority for the accuracy, completeness, and protection of registered data. The authors underline the specifics of the legal responsibility for introducing artificial intelligence into state financial services. The paper concludes with business and legal practice proposals when interacting with public financial administration. The authors examine the mentioned challenges through desk research and analyses of European and national legal regulations. In their considerations and proposals, the authors also lean on their practical experience with public administration.
Brief Considerations Regarding the Work on Digital Platforms
Brief Considerations Regarding the Work on Digital Platforms
(Brief Considerations Regarding the Work on Digital Platforms)
- Author(s):Ana Vidat
- Language:English
- Subject(s):ICT Information and Communications Technologies, Socio-Economic Research, EU-Legislation, Comparative Law, Labour and Social Security Law
- Page Range:126-136
- No. of Pages:11
- Keywords:individual employment contract; digital platforms; work; European Union acts; comparative law;
- Summary/Abstract:The European Commission's recent concerns include measures to improve working conditions for working on platforms and to support the sustainable growth of digital work platforms in the EU. There is a need to regulate the area of work on digital platforms – ensuring that people working through digital work platforms can enjoy their employment rights and social benefits. Workers will also benefit from additional protection for the use of algorithmic management (i.e., automated systems that support or replace managerial functions in the workplace). A common set of EU rules will provide greater legal certainty - enabling digital work platforms to fully benefit from the economic potential of the single market and a level playing field.
Digital Euro Currency, Economic and Legal Implications
Digital Euro Currency, Economic and Legal Implications
(Digital Euro Currency, Economic and Legal Implications)
- Author(s):Daniela Duță, Isabelle Oprea
- Language:English
- Subject(s):Law on Economics, Financial Markets, ICT Information and Communications Technologies, Socio-Economic Research, EU-Legislation
- Page Range:137-152
- No. of Pages:16
- Keywords:euro digital; coin; European Central Bank; electronic currency; customer;
- Summary/Abstract:The digitization of the economy, artificial intelligence and technological innovations are influencing consumers' perception of payment services. As cryptocurrencies and stablecoins became more popular, the central banks of the world realized that they had to offer an alternative, namely, digital currency. To ensure that the population continues to have unlimited access to central bank money in a way that meets their needs in the digital age, the Council of the European Central Bank has decided to advance work on the possible issuance of a digital euro – an electronic form of central bank money, accessible to all citizens and commercial companies. From a legal perspective, the introduction of a digital euro would require careful analysis of cybersecurity, data protection, and consumer protection issues. Legal changes would also be necessary to ensure that the digital euro is recognized as legal mean of payment and subject to the same legal framework as traditional currency, as well as to ensure consumer protection and interoperability with other digital payment systems. The digitalization of the economy and new technologies are likely to influence the users’ behavior regarding the digital euro currency?
The Complexity of the Legislative Framework and the Difficulties of Correlation with Economic and Social Impact in Public Administration. The Digitalization of Public Services
The Complexity of the Legislative Framework and the Difficulties of Correlation with Economic and Social Impact in Public Administration. The Digitalization of Public Services
(The Complexity of the Legislative Framework and the Difficulties of Correlation with Economic and Social Impact in Public Administration. The Digitalization of Public Services)
- Author(s):Vasilica Negruţ, Mircea Valentin Cârlan
- Language:English
- Subject(s):Public Administration, Public Law, Social Informatics, ICT Information and Communications Technologies, Socio-Economic Research
- Page Range:153-165
- No. of Pages:13
- Keywords:public administration; public service; digitalization; information technologies; cyber security;
- Summary/Abstract:Public administration intends, as in all modern countries, to solve public affairs, it is linked to the state system, and it must act for the common good. Continuous adaptation to society's needs is a constant concern of public authorities. One such concern is the digitalization of public services, which consists of a set of activities necessary to adapt all legally regulated processes to transfer the stages of their fulfillment to automated information technology infrastructures organized by artificial intelligence. In this article, starting from the purpose of the public administration, using the logical interpretation, as well as the comparative analysis, we aimed at highlighting the need for the digitalization of public services and the benefits of this process, in the context of a complex legislative framework, emphasizing, at the same time, the difficulties of correlation with economic and social impact in public administration. The digitalization of public services is a mandatory requirement, which will represent a solution for the uniqueness of the stages within the technical-material operations, aspects that will eliminate any possible violations of fundamental rights and freedoms. Digitalization aims not only at facilitating citizens' access to the benefits of public services, but also at changing the perception of citizens towards the public administration, the goal being the achievement of a transparent public administration, as close as possible to the citizen.
Blockchain Technology and Smart Contracts - Public Policy Needed in the Technology Race
Blockchain Technology and Smart Contracts - Public Policy Needed in the Technology Race
(Blockchain Technology and Smart Contracts - Public Policy Needed in the Technology Race)
- Author(s):Camelia Daciana Stoian, Dominic Bucerzan, Crina Anina Bejan
- Language:English
- Subject(s):Public Administration, Social Informatics, ICT Information and Communications Technologies, Socio-Economic Research, Sociology of Law
- Page Range:166-183
- No. of Pages:18
- Keywords:cryptoeconomy; encrypted contract; blockchain; smart contracts; technological change and growth;
- Summary/Abstract:To write about a branch of law entitled "new technologies" places us in a challenging but topical realm because we can only identify in a fragmentary way the meaning of a set of legal rules that have been promulgated by the legislature, and even less the positive law that is actually applicable at national level or even in most EU countries. However, it is not only with this thought that we proceed in the conception of the present material, but also with the idea that has become dominant as a business concern, an idea that highlights the prerogative of any person to "try his luck" by concluding a coded agreement , using a laptop and at the same time at least one other subject of law willing in consensus to use blockchain technology. We can also visualize the public official automatically enrolled in the digitization process, acting as a "business partner" of the public administration and performing in the context of the current legal area mismatch service duties using blockchain technology in energy market procurement. To conclude a so-called "smart contract" by means of blockchain technology certainly implies an agreement of wills and the typed intention of the parties concerned in a legal framework not regulated by general legal rules or specific and applicable particular provisions. We thus aim to quantify and even outline a legitimate content with finality, which aims at what as early as 2018 at the level of the Committee on International Trade was highlighted and expressed in the Report4 indicating blockchain technology as a policy and business practice of the future that seems to have already caught up with us. This paper proposes a statistical study that reflects the integration of the concepts of blockchain technology and smart contracts into the knowledge of legal-administrative practice in Romania.
