Prawo a nowe technologie
Law and New Technologies
Contributor(s): Sławomir Tkacz (Editor), Zygmunt Tobor (Editor)
Subject(s): Law, Constitution, Jurisprudence, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: law; philosophy of law; informatics technology; artificial intelligence;new technologies;
Series: Prawo
- E-ISBN-13: 978-83-226-3798-2
- Print-ISBN-13: 978-83-226-3797-5
- Page Count: 174
- Publication Year: 2019
- Language: Polish
Noty o autorach
Noty o autorach
(About the authors)
- Author(s):Not Specified Author
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:171-173
- No. of Pages:3
Podmiot praw człowieka w perspektywie transhumanizmu
Podmiot praw człowieka w perspektywie transhumanizmu
(The subject of human rights in the perspective of transhumanism)
- Author(s):Sara Smyczek
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:15-24
- No. of Pages:10
- Keywords:Transhumanism; human rights;human nature;
- Summary/Abstract:Progress in the fields of genetic engineering, artificial intelligence, and new technologies causes some concerns regarding its impact on humanity and, in particular, on the idea of human rights. This article aims at formulating the conceptual framework for the transhuman subject, while trying to become an important contribution to the research on a wider problem, namely, the question concerning the direction of human rights as well as human freedoms development in the era of transhumanism. By analysing theoretical stances, the author attempts to establish a connection between the concept of human nature and the idea of human rights, in order to verify in what way human rights and freedoms should be granted based on the requirement of belonging to human race.
- Price: 4.50 €
Bliskość czy obcość, czyli o relacjach międzyludzkich w dobie nowych technologii
Bliskość czy obcość, czyli o relacjach międzyludzkich w dobie nowych technologii
(Closeness or alienness – about interpersonal relations in the era of new technologies)
- Author(s):Marlena Drapalska-Grochowicz
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:25-36
- No. of Pages:12
- Keywords:Closeness; virtual bonds; new technologies;interpretation;
- Summary/Abstract:New technologies opened a new chapter in interpersonal relations. They can bring people closer or create distance between them. The ramifications depend on how new technologies are used. Challenges for the interpretative community posed by this situation involve questions of how to define traditional concepts: proximity, presence, and conversation. In the present article, the author reflects on closeness in the era of new technologies: Are new technologies in this context a source of contradiction, illusion, or perhaps a new form of closeness?
- Price: 4.50 €
Czy Frankenstein i Sophia będą płacić podatki?
Czy Frankenstein i Sophia będą płacić podatki?
(Will Frankenstein and Sophia pay taxes?)
- Author(s):Mirosława Zajcew-Szwaj
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:37-42
- No. of Pages:6
- Keywords:robot; taxes;automation;
- Summary/Abstract:The title question is not a quote from a fantasy novel, but a real problem that has been of interest also to lawyers. During a forum Future Investment Initiative, Sophia ‒ the humanoid robot created by Hanson Robotics ‒ had delivered such a successful speech that it was granted the citizenship of Saudi Arabia. Another example here can be Ross, an “employee” of the US law firm BakerHostetler that is an intelligent software operating on the IBM supercomputer Watson. Ross can predict the probability associated with insolvency law issues with an accuracy of 88.6%, while the best result obtained by human lawyers is 66.3%. In turn, Frankenstein referred to in the title was mentioned in the Resolution of the European Parliament of 16 February 2017 (2015/2103 (INL)), as a contribution to the debate on the development of robotics and artificial intelligence. The debate concerned issues related to the scope of regulation in criminal, civil, and tax law for artificial intelligence. It seems necessary to develop a proper legal regulation that would enable protection of people’s interests in connection with the dynamic development of robotics and artificial intelligence. Moreover, what has to be determined is how the risks associated with taking robots from people can be minimized. One of the solutions can be appropriate taxation of robot work. But what kind of taxes for robots will be the most effective? The same as for people, flat, or maybe progressive? In this article, I try to answer these questions and outline the consequences of these changes in order to eliminate the negatives, and to show the positive opportunities that are associated with taxation of robots and artificial intelligence. The legislator will surely be forced to adapt the existing legislation to the rapid development of technology.
- Price: 4.50 €
Prawo a technologia. Zasada domniemania niewinności a dostęp mediów do procesu karnego w Polsce i Hiszpanii
Prawo a technologia. Zasada domniemania niewinności a dostęp mediów do procesu karnego w Polsce i Hiszpanii
(Law and technology. The presumption of innocence principle vs mass media access to criminal legal proceedings in Poland and Spain)
- Author(s):Paulina Konca
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:43-51
- No. of Pages:9
- Keywords:open court principle; principle of publicity; presumption of innocence; media; new media; Spanish criminal procedure; Polish criminal procedure; juicios paralelos; infoxication
- Summary/Abstract:The article concerns the principle of external publicity in Polish and Spanish criminal procedure, focusing on media access to the trial in the context of new media development. The author stresses the need to respect the principle of Presumption of innocence and gives an example of its violation, which occurred in relation to the Santiago de Compostela train crash in 2013. She also describes a Spanish phenomenon called juicios paralelos. Moreover, the article draws attention to the mechanisms ruling the internet functioning, which may impede the observance of the prohibition of press release of the data and image. As far as media access to the trial is concerned, the article provides an analysis of, on the one hand, the risks arising from the development of new media and, on the other, the advantages underlying the technology advances and media diversification.
- Price: 4.50 €
Internetowe słowniki polszczyzny w procesie wykładni prawa
Internetowe słowniki polszczyzny w procesie wykładni prawa
(Dictionaries of the Polish language in the process of interpretation of law)
- Author(s):Marek Suska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:52-60
- No. of Pages:9
- Keywords:Dictionary; statutory interpretation; lexicography;theory of law;
- Summary/Abstract:Dictionaries are one of the most popular tools of statutory interpretation. Nevertheless, lawyers frequently perceive their online forms with caution. Electronic lexicography developing for many years made this “prejudice towards online dictionaries” unjustified. Online dictionaries seem to have significant prevalence when compared to their traditional versions, but it does not mean that they are free of disadvantages. It seems that on contemporary stage of development of lexicography, the best effect will be achieved when we refer to both types of dictionaries.
- Price: 4.50 €
Artificial Intelligence w prawie Teraźniejszość i przyszłość
Artificial Intelligence w prawie Teraźniejszość i przyszłość
(Artificial Intelligence as a legal issue. The present and the future)
- Author(s):Szymon Bokota
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:63-75
- No. of Pages:13
- Keywords:AI; artificial intelligence; legal proceedings; algorithms; theory of law;legal theory;
- Summary/Abstract:Artificial Intelligence (AI) is evolving not only in computer sciences, but it also exerts huge impact in law. The present article is a short summary of the most basic information about AI and connected theoretical and practical concepts used in law, such as machine learning, adaptation of algorithms connected to logic, and the legal reasoning and potential results of ongoing fusion between world of law and AI.
- Price: 4.50 €
Ograniczenie prawa do intymności w kontekście technologizacji życia codziennego
Ograniczenie prawa do intymności w kontekście technologizacji życia codziennego
(Limits of the right to intimate life in the context of everyday life’s technologization)
- Author(s):Maria Pawińska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:76-84
- No. of Pages:9
- Keywords:right to privacy; sex works; artificial intelligence;legal status;
- Summary/Abstract:The study deals with the issue of the admissibility of production, distribution, and use of sex robots equipped with artificial intelligence, capable of expressing personality. The greatest controversy concerns the possibility of simulating a rape on a woman-robot and undertaking sexual activities with dolls that look like children. The author cited the thesis indicating legitimacy of both the limitation and full admission of said objects for sale and use. The analysis concerns not only ethical but also psychological, social, and legal arguments.
- Price: 4.50 €
Wyzwania systemu prawnego w kontekście diagnostyki preimplantacyjnej
Wyzwania systemu prawnego w kontekście diagnostyki preimplantacyjnej
(The impact of cryptocurrencies on changes in tax law)
- Author(s):Grzegorz Budziszewski
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:85-92
- No. of Pages:8
- Keywords:Preimplantation genetic diagnosis; genetics; legal;ethics;
- Summary/Abstract:It is said that the intense development of genetics expands the boarders of modern medicine. All knowledge from the field of genetics has a great influence on the early stages of human life. A great number of recent innovative medical procedures, which originate from genetics, still require any legal regulation. One of the most important medical procedures, a preimplantation genetic diagnosis, can be treated as notable example here, even though the development of genetics offers a great opportunity for this procedure. Nowadays, however, we are facing the situation where legal mechanisms do not cover a preimplantation genetic diagnosis.
- Price: 4.50 €
System dozoru elektronicznego – technologia w służbie publicznego ius puniendi
System dozoru elektronicznego – technologia w służbie publicznego ius puniendi
(Electronic surveillance system – a technology in the service of public ius puniendi)
- Author(s):Magdalena Gad
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:93-100
- No. of Pages:8
- Keywords:Technology; law; penal law; executive law; electronic surveillance;prison sentence;
- Summary/Abstract:New technologies develop very fast in almost every area of human life, including law. People have already accepted technology in civil law (connected to payments and deals) or in administrative law (e.g. in connection with offices), but there is also another branch that needs effective adaptation of technologies: executive law, which is focused on administering punishment, and administering punishment encroaches on the very basic constitutional laws, for instance, dignity and freedom. Electronic surveillance, which is the subjects of consideration in this article, could possibly become easier, more productive, and humanitarian form of executing prison sentences. So the question is, do we need technology in administering punishment, and is electronic surveillance really an institution of the future?
- Price: 4.50 €
Prawne aspekty eksploatacji bezzałogowych statków powietrznych (tak zwanych dronów)
Prawne aspekty eksploatacji bezzałogowych statków powietrznych (tak zwanych dronów)
(Legal aspects of the use of unmanned aerial vehicles (so-called drones))
- Author(s):Anna Mitręga
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:101-107
- No. of Pages:7
- Keywords:unmanned aerial vehicle; drones; operation of unmanned aerial vehicle
- Summary/Abstract:This article raises the problem of uncontrolled development of the unmanned aerial vehicle market, as compared to adoption of legal provisions defining the rules for their use and specifying the rules for their use in specific areas and for specific purposes. The article contains a brief description of the state of legal regulations at the EU level and a brief analysis of the existing Polish regulations regarding the use and operation of unmanned aircraft in various fields of economy, forensic science, in the fight against terrorism, and for commercial purposes.
- Price: 4.50 €
Lotnictwo, technologia i prawo w służbie bezpieczeństwu
Lotnictwo, technologia i prawo w służbie bezpieczeństwu
(Aviation, technology, and law in the service of security)
- Author(s):Aleksandra Wieczorek
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:108-116
- No. of Pages:9
- Keywords:aviation law; technologies; aviation safety;certification;
- Summary/Abstract:In this day and age, the ubiquitous technology and computerization surprises no one. More and more people entrust their lives and safety to machines, or particularly – to software of various devices. Aviation is a perfect example of a field dominated by technology. Modern planes F-16 or F-117 are unable to fly without computers operating on board.Aircraft software usually consists of several million lines of code. In a word – deciding to travel by plane, we entrust life to a sequence of zeros and ones. Aviation law is one of the youngest departments of transport law. New solutions in aviation are being implemented in record time. The best proof is the ongoing work on the another plane like Concorde.Concorde or the Boom XB-1 technology can propel passenger planes to exceed the sound barrier. The implementation of new solutions for general use is not only a matter of developing them, but also a certification procedure, preceded by numerous research, tests, and permits. An example of such changes are ubiquitous autopilots or the use of artificial horizon. There are a number of recognized laws regarding the admission of machines for use, and the relevant authorities and international organizations have additional control. Law – by its definition – should be stable and rarely changed. How does it react to the rapid development of aviation technologies?Virtually nothing guarantees the elimination of the risk of a catastrophe, however, autopilot or other types of software are almost never the only causes of accidents. From a technical point of view, the responsibility for every plane crash ultimately falls on human. During passenger flights it is still impossible to control the machine through the system without human intervention. Perhaps a total automation of the air transport would be a better and more reliable solution for our security. The machine undergoes no emotional disturbances, it does not get tired, it is not careless, it does not make decisions intuitively, but based on calculations of the probability, and applies a solution that is mathematically more favourable. Many air disasters would be avoided if ordinary human weaknesses were eliminated.
- Price: 4.50 €
Wykorzystanie chmur obliczeniowych przez organy administracji publicznej
Wykorzystanie chmur obliczeniowych przez organy administracji publicznej
(The use of cloud computing by public administration bodies)
- Author(s):Dominika Kuźnicka-Błaszkowska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:119-127
- No. of Pages:9
- Keywords:Cloud computing; public administration; digitalization; informatization;data protection;
- Summary/Abstract:Informatization of public administration, which is taking place in recent years both in Poland and in other countries, forces the public administration bodies to introduce new solutions in the field of IT. One of the most popular of these is the use of cloud computing in the work of the said bodies. The range of services that can be offered in the clouds and the benefits they bring increases their presence in public administration bodies. Regardless of whether the software used was designed for public administration or not, certain risks are associated with it. They are primarily connected with ensuring the confidentiality and integrity of personal data processed in the clouds, but also, more importantly ‒ with the protection of state security and public order against cyberattacks.
- Price: 4.50 €
Model usługi świadczonej w chmurze obliczeniowej a status administratora danych osobowych
Model usługi świadczonej w chmurze obliczeniowej a status administratora danych osobowych
(Cloud computing services model vs the status of personal data controller)
- Author(s):Wojciech Panek
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:128-136
- No. of Pages:9
- Keywords:GDPR; cloud computing; data controller; processor; cloud models
- Summary/Abstract:The article examines the influence of the cloud computing service model on the status of a personal data controller, with reference to the Court of Justice of the European Union sentences in C-131/12 and C-210/16 cases. First, the author shortly characterises cloud computing and the service models based on it. Then, he subordinates the roles of the controller and the processor to the particular models of cloud computing. Finally, the author points out that in cloud computing relations the customer is a personal data controller, whereas the cloud provider depending on the model may be a processor or, in case of IaaS and PaaS models, might use disclaimer mechanisms included in the Act on Rendering Electronic Services.
- Price: 4.50 €
Zastosowanie chmury obliczeniowej w sektorze bankowym. Analiza prawna
Zastosowanie chmury obliczeniowej w sektorze bankowym. Analiza prawna
(The use of cloud computing in the banking sector. A legal analysis)
- Author(s):Aleksandra Białyszewska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:137-148
- No. of Pages:12
- Keywords:Banking; cloud computing; data processing;outsourcing contract;
- Summary/Abstract:Cloud computing is a technology that aims at delivering computing as a utility. The global trend shows that cloud computing can be successfully applied in the banking industry. The paper focuses on the definition of cloud computing, the benefits of it, barriers which impair the process of its implementation in the banking sector, as well as legal issues. It is essential that under current law cloud computing has not been explicitly regulated. Therefore, the paper reviews Polish and European regulations which can be applicable to cloud computing. It also presents main issues connected with advantages and disadvantages of a potential regulation dedicated specifically to cloud computing.
- Price: 4.50 €
Wpływ kryptowalut na zmianę prawa podatkowego
Wpływ kryptowalut na zmianę prawa podatkowego
(The impact of cryptocurrencies on changes in tax law)
- Author(s):Katarzyna M. Gorzkowska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:149-158
- No. of Pages:10
- Keywords:Bitcoin; cryptocurrency; taxes; property rights; new technologies;FinTech;
- Summary/Abstract:On 11 September 2015, the Provincial Administrative Court in Warsaw in the case no. act III Sa/Wa 3374/14 qualified Bitcoin’s cryptocurrency as a property right within the meaning of the Personal Income Tax Act. The stand was then upheld by the Supreme Administrative Court in the judgment of 6 March 2018 in the case with reference number Act II FSK 488/16. As a consequence, the Ministry of Finance in the announcement of 4 April 2018 indicated that transactions in cryptocurrencies, as well as the socalled tokens, are subject to income tax and tax on civil law transactions. The positions expressed in both judgments, as well as the statement of the Ministry of Finance, have contributed to numerous social protests. Persons involved in cryptocurrencies did not expect that they would be obliged to pay tax on civil law transactions. The specificity of cryptocurrencies is manifested in the use of the so-called bots, allowing the execution of up to several hundred operations per day. Thousands of users have been faced with the need to pay the overdue tax with interest, which makes the trading in cryptocurrencies unprofitable and generates huge financial losses. This paper discusses the need to adapt the law to the realities of cryptocurrencies, in times of new technologies development.
- Price: 4.50 €
Handel algorytmiczny – zagadnienia prawne
Handel algorytmiczny – zagadnienia prawne
(Algorithmic trading – the legal issues)
- Author(s):Jakub Piwowarczyk
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:159-166
- No. of Pages:8
- Keywords:Bitcoin; cryptocurrency; taxes, property rights; new technologies;FinTech;
- Summary/Abstract:The main topic undertaken in the present article is the subject of algorithmic trading. Thus, the author is under an obligation to begin with a short outline of the history of stock exchange and financial markets’ computerization, paying most attention to the historical milestones like introducing DOT and SuperDOT to the New York Stock Exchange. Next, the author presents the controversies accompanying the attempts at defining the term in question – what algorithmic trading is in the strict sense and what are other iterations of the subject, such as high frequency trading, black box trading, or dark/black pools. It is also necessary to mention the emergence of a certain “arms race” between financial institutions and other agents involved in those markets that was caused by introduction of such technologies; and the consequence of this kind of escalation, namely, creation of increasingly complicated and independent algorithms.Latter part of the article is concerned with a more detailed presentation of the most common iteration of algorithmic trading – the high frequency trading, especially the dangers associated with assigning new roles to created algorithms, whose evolution fulfills preexisting market niches, while simultaneously creating spaces for new ones (e.g. quote staffing).Finally, the author focuses on the issue that involves the largest group of people (those completely uninvolved with the financial market as well), that is, the influence that the emergence of the algorithmic trading has had on the financial markets in general, based on the situation that occurred in 2010 – the “Flash Crash”, and the contrast occurring between the technological capabilities of the investors and the contemporary law, which caused a considerable obstacle in administrative reaction.
- Price: 4.50 €
Zamiast zakończenia. O tym, dlaczego prawnicy nie są „bogami”…
Zamiast zakończenia. O tym, dlaczego prawnicy nie są „bogami”…
(In Lieu of Conclusions, or: Why Lawyers Are Not "Gods"…)
- Author(s):Sławomir Tkacz
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:167-169
- No. of Pages:3
- Price: 4.50 €
