PANEL SESSIONS V WEDNESDAY JUNE 27 2018 9.00 AM – 10.30 AM

Room: CYTT 3.20

  • INFORMATION TECHNOLOGY AND THREATS TO SECURITY IN NIGERIA: CHALLENGES FOR PUBLIC LAW
    Information Technology has enhanced productivity but has also increased the rate of criminal activities that are not limited by boundaries or territory. Conversely, Communications technologies have enhanced the capacity of law enforcement and governments to conduct surveillance, intercept and collate data. This raises concern about unwarranted intrusions into the privacy of individuals, companies and other entities and also the extent to which the law shields private interests. Another concern borders on safeguards against tampering with digital evidence. We examine the adequacy of the criminal justice legal framework in Nigeria in relation to IT crimes, (including crimes assisted by IT) as well as constitutional and evidential thresholds observed by the courts. We also propose that strong institutional safeguards and independent judiciary are necessary requirements for effective supervision of enforcement powers and protection of the public interest.
  • Can International Human Rights Law Survive the Rise of Artificial Intelligence
    What is the impact of the rise of artificial intelligence on the fabric of international human rights law? The paper examines possible answers to this question through the lens of the major challenges and critiques posed against human rights, namely (1) its failure to address issues of inequality and the related issue of privileging of political and civil rights at the expense of economic and social rights; (2) its fixation on stigmatization instead of real mobilization; and (3) the fragility of the global rule of law and international institutions. No longer the subject matter of science fiction, artificial intelligence amplifies these challenges and yet also presents opportunities for addressing them. Undertaking this preliminary task of relating issues of international human rights with artificial intelligence puts two areas in an important dialogue in the pursuit of global justice. It also contributes to the project of how to regulate artificial intelligence.
  • Artificial Intelligence: Challenging the Law
    Contemporary legal systems are insufficiently equipped to cope with potential issues arising from developments in AI. Systems using AI are becoming more autonomous in a sense of complexity of tasks they perform, their potential influence on the world and decreasing ability of humans to understand, predict or control their functioning. The functioning of autonomous agents, taking into account the abovementioned features, is not always predictable, while predictability is critical to modern legal approaches. The system that learns on the basis of information it gets from the external world can act in a way, which could not have been predicted by its creators. Therefore, optimal regulatory framework is needed, on the one hand, not to inhibit development and deployment of innovations; on the other hand, such framework must be capable of preventing the contingent risks. This paper looks into the ways to adapt current legal constructs to changing circumstances and proposes new approaches.
  • The Rule of Law and Algorithms
    The purpose of the paper is to investigate the doctrine of the Rule of Law in the algorithmic environment, exploring how the expertise of constitutional law might address the legal issues raised by these technologies. As a premise, this study considers the normative power of algorithms, in order to stand out the regulatory logic underlying to these tools. Secondly, it examines the principles of the Rule of Law more involved in this technological revolution, focusing in particular on equality, due process, and fair trial. Finally, according to this framework, it offers a brief outline of some new solutions introduced by the new EU GDPR, drawing the attention to the protections by design and by default and to the data protection impact assessment. The aim of the contribution, rather than offer a detailed analysis of the different legal remedies, is to foster the reflection on the design of these systems, stressing the need for more constitutionally oriented algorithms.

  • Artificial Intelligence – new challenges for public law and the human rights‘ doctrine
    We stand on the edge of a new technological revolution. The era of digital communication is slowly becoming a thing of the past. Now, we are entering the era of Artificial Intelligence (AI) – robots that able to communicate with humans, learn independently and work outside the algorithms. This is not science fiction. In 2017 two robots were recorded; one of them was even given citizenship. For months we have seen the development of intelligent cars, smart contracts or cryptocurrency. Thus the EU Parliament has responded with a new law on the civil aspects of robotics. However, the question arises if public law is ready for the new era of AI. I will try to focus on dilemmas regarding the development of AI, especially for public and constitutional law. I will claim the necessity of a new regulatory framework for robotics. In my paper I will want to draw attention to granting legal personality to robots as well as to risks regarding the enforcement of fundamental rights against robots.

  • Possible Public Law Framework on AI (Artificial Intelligence) and Security －AI Network and the Risk－
    Artificial Intelligence (AI) may change our lives dramatically. At the same time, risks are pointed out in the incoming networked society supported by such artificial intelligence (hereafter AI). In this paper, I will discuss the possibility of a legal framework to prevent such risks. In particular, I would like to discuss the possibility of setting up a guideline such as principles on AI development which can be agreed internationally and could be used or applied as a standard. As for a concrete example, there is AI development research guidelines discussed in Japan since 2015. We still do not know whether many countries agree on such guidelines or not, but it could be a public legal framework to curb the risk of AI society. In conclusion, as a possible legal framework to lessen risks of AI networked society, setting up an internationalized guideline may be one of the appropriate solutions to prevent the risks associated with AI networked society.

  • “Cybernetic“ Sovereignty and the future of Constitutional Law
    After the first “wave“ of XIX ce. revolutionary constitutions, the second “wave“ of XX ce. national and supranational constitutionalism, we are now entering a new era in which the rising super-power is Technology (“Cybernetic Power“ as the convergence of Digital Technology, Neuro Sciences and economic power). In the paper I’ll try to: a) define the specific nature of new Cybernetic Power and “Algorithmic“ Reason (replacement of reasonable causation by statistic correlation) b) assess the constitutional impact of this new superpower (the uncoupling of some unitary legal concepts: Intelligence from Conscience; Identity from Person, Freedom from Will) c) imagine the future role of Constitutional law in the era of Cybernetic Sovereignty (the ambivalence of technological paradigm and the end of the last contemporary Mythology – the linear growth of Technology and Freedom -, towards a new global constitutional precautionary principle)