Data Science, Machine Intelligence, and Law – serie

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole (“algorithmic governance”), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics (“governance of algorithms”). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole (“algorithmic governance”), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics (“governance of algorithms”). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part ofa larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld)

This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part ofa larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld)

In the automotive sector, digitalisation, connectivity and automation are rapidly expanding. In tomorrow’s vehicles, human beings will merely be passengers – which raises a host of complex legal issues regarding accidents involving self-driving vehicles. This book is the first to offer a comprehensive, global overview of civil liability regimes for all levels of vehicle automation in jurisdictions that represent some of the most important markets for the automotive industry. After a technical introduction to how self-driving cars work, the individual chapters analyse the liability for driving automation at SAE J3016 levels 0 through 5 from a country-specific perspective. All chapters were written by experts in the field and follow a uniform legal structure. Hence, the book offers an essential comparative analysis of similarities and differences in the jurisdictions examined, while also providing suggestions for future legislative changes at the national and international level. The book is not only relevant for legal scholars and practitioners but will also be of particular interest to anyone involved in the design, manufacture, distribution and operation of self-driving vehicles.

In the automotive sector, digitalisation, connectivity and automation are rapidly expanding. In tomorrow’s vehicles, human beings will merely be passengers – which raises a host of complex legal issues regarding accidents involving self-driving vehicles. This book is the first to offer a comprehensive, global overview of civil liability regimes for all levels of vehicle automation in jurisdictions that represent some of the most important markets for the automotive industry. After a technical introduction to how self-driving cars work, the individual chapters analyse the liability for driving automation at SAE J3016 levels 0 through 5 from a country-specific perspective. All chapters were written by experts in the field and follow a uniform legal structure. Hence, the book offers an essential comparative analysis of similarities and differences in the jurisdictions examined, while also providing suggestions for future legislative changes at the national and international level. The book is not only relevant for legal scholars and practitioners but will also be of particular interest to anyone involved in the design, manufacture, distribution and operation of self-driving vehicles.

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 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.

This book tries to answer the question “What happens if an AI system makes a mistake while contracting?” by applying an interdisciplinary and comparative legal methodology. It offers a tantalizing glimpse into the intricate web of legal, psychological, and technical phenomena involved, and how they are interconnected within the realm of contractual mistake doctrine as we know it today. It covers a wide range of topics, including the common origins of German and English contract law, the pivotal role of intentions as a prerequisite for effectual contracts in both jurisdictions, the classification of and psychological approach to contractual mistakes, and the complexities of AI’s participation in contract law. Particular attention is paid to the juxtaposition of human- and AI-made mistakes from the perspective of information processing. As a result, the book offers a jurisdiction-agnostic framework for AI-made contractual mistakes that can aid legislators and policymakers in their deliberations on the regulation of AI in contract law. The framework considers cultural and historical differences between German and English contract law, and thus proposes an approach that can fit both (and potentially other similar) jurisdictions with minor adjustments. In addition to these novel discussions, the work explores the views of prominent scholars and international experts in the field. As such, it will appeal to researchers and scholars in the fields of law, technology, psychology, and (especially) Artificial Intelligence. By presenting “a framework for AI-made mistakes in German and English contract law,” Dr. Ismayilzada offers a valuable contribution to the field, inviting readers to explore the uncharted territory of AI and the law. Join the author on this intellectual journey and gain insights that will redefine your perception of contracts in the age of AI.

This book tries to answer the question “What happens if an AI system makes a mistake while contracting?” by applying an interdisciplinary and comparative legal methodology. It offers a tantalizing glimpse into the intricate web of legal, psychological, and technical phenomena involved, and how they are interconnected within the realm of contractual mistake doctrine as we know it today. It covers a wide range of topics, including the common origins of German and English contract law, the pivotal role of intentions as a prerequisite for effectual contracts in both jurisdictions, the classification of and psychological approach to contractual mistakes, and the complexities of AI’s participation in contract law. Particular attention is paid to the juxtaposition of human- and AI-made mistakes from the perspective of information processing. As a result, the book offers a jurisdiction-agnostic framework for AI-made contractual mistakes that can aid legislators and policymakers in their deliberations on the regulation of AI in contract law. The framework considers cultural and historical differences between German and English contract law, and thus proposes an approach that can fit both (and potentially other similar) jurisdictions with minor adjustments. In addition to these novel discussions, the work explores the views of prominent scholars and international experts in the field. As such, it will appeal to researchers and scholars in the fields of law, technology, psychology, and (especially) Artificial Intelligence. By presenting “a framework for AI-made mistakes in German and English contract law,” Dr. Ismayilzada offers a valuable contribution to the field, inviting readers to explore the uncharted territory of AI and the law. Join the author on this intellectual journey and gain insights that will redefine your perception of contracts in the age of AI.

As artificial intelligence continues to transform our world, Europe stands at the forefront of ensuring this revolutionary technology serves humanity’s best interests. This essential volume brings together experts on law, regulation, human rights, ethics, and policy to provide the first comprehensive analysis of Europe’s pioneering approach to AI regulation. From the landmark AI Act to data protection and data governance frameworks, this meticulously curated collection offers unprecedented insights into (1) the delicate balance between the public and private benefits of AI, and the public and private risks it poses; (2) the regulatory policy and regulatory strategy influencing European law-making; (3) the role of ethics and human rights in regulating AI in Europe; (4) the real-world implications of evolving European AI regulation; and (5) future challenges and opportunities in the rapidly evolving AI landscape.Distinguished contributors from the fields of legal scholarship, policymaking, and legal practice provide unique perspectives on the legal and policy foundations of the AI Act, the Council of Europe Framework Convention, and other international documents; the regulatory design and requirements of the AI Act; the challenges of using AI in adjacent legal and regulatory areas; ethical issues surrounding the technology and their impact on its proliferation in the private and public sectors; and compliance-related challenges and practical solutions in key sectors.This authoritative work offers invaluable guidance to help legal professionals, researchers, policymakers, and technology executives navigate the complexities of AI regulation at the intersections of innovation, the public and private good, and social control. The volume combines theoretical depth and contextual analysis with practical applicability, making it an indispensable resource for anyone involved in shaping or adapting to Europe’s AI regulatory landscape. The book is also essential reading for AI researchers and developers, technology consultants and industry analysts, policymakers and regulators, legal practitioners and compliance officers.

As artificial intelligence continues to transform our world, Europe stands at the forefront of ensuring this revolutionary technology serves humanity’s best interests. This essential volume brings together experts on law, regulation, human rights, ethics, and policy to provide the first comprehensive analysis of Europe’s pioneering approach to AI regulation. From the landmark AI Act to data protection and data governance frameworks, this meticulously curated collection offers unprecedented insights into (1) the delicate balance between the public and private benefits of AI, and the public and private risks it poses; (2) the regulatory policy and regulatory strategy influencing European law-making; (3) the role of ethics and human rights in regulating AI in Europe; (4) the real-world implications of evolving European AI regulation; and (5) future challenges and opportunities in the rapidly evolving AI landscape.Distinguished contributors from the fields of legal scholarship, policymaking, and legal practice provide unique perspectives on the legal and policy foundations of the AI Act, the Council of Europe Framework Convention, and other international documents; the regulatory design and requirements of the AI Act; the challenges of using AI in adjacent legal and regulatory areas; ethical issues surrounding the technology and their impact on its proliferation in the private and public sectors; and compliance-related challenges and practical solutions in key sectors.This authoritative work offers invaluable guidance to help legal professionals, researchers, policymakers, and technology executives navigate the complexities of AI regulation at the intersections of innovation, the public and private good, and social control. The volume combines theoretical depth and contextual analysis with practical applicability, making it an indispensable resource for anyone involved in shaping or adapting to Europe’s AI regulatory landscape. The book is also essential reading for AI researchers and developers, technology consultants and industry analysts, policymakers and regulators, legal practitioners and compliance officers.

This open-access volume provides a comprehensive guide to the most pressing challenges arising from the technologies that enable personalized medicine. It brings together theoretical, empirical, and case study-based contributions that span across disciplinary boundaries to examine related problems and propose solutions critically.Personalized medicine is the next frontier in scientific, public health, and commercial advancements. By recognizing the uniqueness of each human body, data-driven treatments and digital, robotic devices are being increasingly developed to enable patients and medical personnel to benefit from highly accurate and personalized diagnoses and therapies. Healthcare customization is based on predictive, preventive, personalized, and participatory elements – each of which requires an interplay between healthcare systems, medical personnel, patients, as well as bioengineers, economists, regulators, lawyers, and business owners. If the goal of more proactive patient inclusion is to enhance the efficacy of personalized medical interventions, it is also paramount to evaluate whether the adoption of customized solutions is sustainable from both economic and organizational perspectives. Legal norms provide the framework in which the development of new medical devices, the sharing of data for the public good, and the provision of healthcare may occur.This area of research and practice is regulated by a complex mix of norms concerning personal and non-personal data, AI governance, cybersecurity, health law, and liability regimes. In ever-evolving domains where some regulations still need to be defined, approved, or implemented, researchers and practitioners need guidance to enable the safe-by-design development of medical technologies.The book is organized in three sections: I) “Facilitating and Protecting Personalized Medicine,” which revolves around the mechanisms that enable the sharing and reuse of health data within the Common European Data Spaces, seeks to address the cybersecurity challenges posed by medical technologies, and critically discusses the definition of scientific research in recent legislative efforts; II) “Scoping Challenges Through the Players in the Personalized Medicine Ecosystem,” which gathers varied interdisciplinary insights from scholars and practitioners in the fields of medicine, economics, engineering, education and compliance; and III) “Challenges of Personalized Medicine for Liability,” which focuses on the challenges that personalized data-driven medicine poses for traditional and novel liability regimes.

This book presents a comprehensive collection of essays that explore the complex issues surrounding Artificial Intelligence (AI) governance. It is divided into five parts, each offering a unique perspective on AI sovereignty, transparency, and accountability. The book begins by introducing the concept of AI sovereignty and its enablers in Brazil, South Africa, and India. It then delves into the meanings of AI transparency and accountability, proposing new concepts for regulation and innovative analytical frameworks. Following this, the book presents multiple regional perspectives on AI governance, starting with the Western viewpoint, which examines the European Union's approach, the role of corporate governance, and the implications of AI for military affairs. The subsequent chapters focus on Asian and African perspectives, analyzing China's AI law, India's Digi Yatra project, and the development of AI governance in Africa, highlighting the need for AI standards for the Majority World. The collection concludes with Latin American perspectives, featuring case studies and detailed regulatory landscapes from Brazil, Colombia, Chile, and Argentina. Throughout the book, readers will encounter a diverse range of topics, including the operationalization of AI accountability, the regulation of AI based on its supply chains, the promise of AI sovereignty, and the challenges of responsible innovation. With contributions from experts worldwide, "The Quest for AI Sovereignty, Transparency, and Accountability" offers a critical examination and pragmatic guidance on the complexities of AI governance, providing valuable insights for policymakers, entrepreneurs, and scholars alike.