scholarly journals Artifical Intelligence as Disruption Factor in the Civil Law: Impact of the use of Artifical Intelligence in Liability, Contracting, Competition Law and Consumer Protection with Particular Reference to the German and Indonesian Legal Situation

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 235
Author(s):  
Stefan Koos

The Article describes the impact of artificial intelligence in different areas of the civil law, namely tort law, contract law, antitrust law and consumer protection law. It shows that the use of artificial intelligence already leads to legal constellations, which cannot longer easily subsumized under elementary terms of the civil law and therefore cause a real disruption in the civil law. Terms, which are based on a freedom concept of the subjective rights of the actors, such as private autonomy and contractual will not fit anymore to the activity of artificial intelligence systems the more those systems are able to act independant of human actors. Similar applies to terms which are referring to the freedom of decision like the market behaviour in the competition law. The article discusses several solution approaches, such as personification approches, agent-principal approaches and the definition of new categories of market and contractual acting. In the consumer protection the special focus in the future legal development will be on the problem how to achieve adequate, though not overflowing, transparency for consumers, especially regarding the combination of big data and algorithms.

2021 ◽  
Vol 27 (6) ◽  
pp. 101-106
Author(s):  
М. Falaleev ◽  
◽  
N. Sitdikova ◽  
Е. Nechay ◽  
◽  
...  

The development of digital technologies, coupled with progress in the development of self-learning programs based on AI (Artificial Intelligence), has obvious advantages in improving the effectiveness of information impact on people around the world. During the 2010s, researchers have documented trends in the use of artificial intelligence for the construction and distribution of media content to indirectly manipulate political discourse at the national and global levels. Special interest in the context of this issue is how the rapid development of AI technologies affects political communication. The object of consideration within the framework of this article is the deepfake technology. Based on this, as a subject, the authors define deepfake as a phenomenon of modern political communication. Accordingly, the purpose of the study is to describe and predict the impact of deepfake technology on political communication at the global and national levels. The paper presents the definition of deepfake, assesses its characteristics depending on the methods and purposes of its distribution, and analyzes the prospects for using this tool to influence political discourse in modern Russia. To study the subject field of the research, methods of systematizing theoretical data, classification, analysis of a set of factors and forecasting have been applied. The practical significance of the work is presented by the authors’ definition and typology of the phenomenon of deepfake and describes its significance as a factor of political communication on the example of a particular country. The results of the work will be useful for researchers studying the problems of digitalization of the media space and modern means of disinformation in politics, both at the local and global levels


Author(s):  
O. Zozulyak ◽  
Y. Paruta

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract. The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations.  It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault. The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed. It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.


2019 ◽  
Vol 28 (01) ◽  
pp. 224-231 ◽  
Author(s):  
Alejandro Rodríguez-González ◽  
Massimiliano Zanin ◽  
Ernestina Menasalvas-Ruiz

Objectives: To provide an oveiview of the current application of artificial intelligence (AI) in the field of public health and epidemiology, with a special focus on antimicrobial resistance and the impact of climate change in disease epidemiology. Both topics are of vital importance and were included in the “Ten threats to global health in 2019“ report published by the World Health Organization. Methods: We analysed publications that appeared in the last two years, between January 2017 and October 2018. Papers were searched using Google Scholar with the following keywords: public health, epidemiology, machine learning, data analytics, artificial intelligence, disease surveillance, climate change, antimicrobial resistance, and combinations thereof. Selected articles were organised by theme. Results: In spite of a large interest in AI generated both within and outside the scientific community, and of the many opinions pointing towards the importance of a better use of data in public health, few papers have been published on the selected topics in the last two years. We identify several potential reasons, including the complexity of the integration of heterogeneous data, and the lack of sound and unbiased validation procedures. Conclusions: As there is a better comprehension of AI and more funding available, artificial intelligence will become not only the centre of attention in informatics, but more importantly the source of innovative solutions for public health.


2020 ◽  
Vol 11 (3) ◽  
pp. 683-692
Author(s):  
Giovanni SILENO

This short paper aims to unpack some of the assumptions underlying the “Policy and Investment Recommendation for Trustworthy AI” provided by the High-Level Expert Group on Artificial Intelligence (AI) appointed by the European Commission. It elaborates in particular on three aspects: on the technical-legal dimensions of trustworthy AI; on what we mean by AI; and on the impact of AI. The consequent analysis results in the identification, amongst others, of three recurrent simplifications, respectively concerning the definition of AI (sub-symbolic systems instead of “intelligent” informational processing systems), the interface between AI and institutions (neatly separated instead of continuity) and a plausible technological evolution (expecting a plateau instead of a potentially near-disruptive innovation).


2020 ◽  
Vol 10 (4) ◽  
pp. 70-75
Author(s):  
TOMAS MOLODTSOV ◽  

The article is devoted to the definition of artificial intelligence and its impact on human rights in the context of lawmaking activity. Purpose of the article: this paper aims to investigate the main approaches to understanding artificial intelligence and the consequences of its integration into the legislative process, as well as to assess the impact of artificial intelligence on human rights. The purpose of the article is also to identify the risks of such influence and ways to level them. Methodology and methods: this article uses general scientific methods of analysis, especially empirical and dialectical, which allow to consider raised issues comprehensively. The author also uses methods of analysis and synthesis, induction and deduction. Conclusions: as the result of this research, the author comes to the conclusion that artificial intelligence, understood as both an exclusively automated tool and a pure consciousness, can significantly optimize the current lawmaking system. However, its impact on human rights in this context may be negative, limiting the freedom of choice, privacy and secrecy of correspondence. To protect human rights, the author recommends using automation tools only as additional measure, but not as substitute. The conclusion raises the question of what consequences can occur for people if artificial intelligence, integrated into law-making activities, can become aware of itself. Scope of the results: this work can be interested to both lawmakers and society as a whole, as it raises basic issues of human rights protection in the context of global digitalization.


Author(s):  
A.M. Turobov ◽  
M.G. Mironyuk

How does the state security system evolve under the influence of the artificial intelligence technology? To answer this question, an empirical model is proposed. The model evaluates the state security system (by the example of the USA) using the security consistency parameter, which estimates how the state perceives threats (indicator of threats) and whether the state has the necessary capabilities to counter them (indicator of capabilities) in relation to the artificial intelligence technology. The model (as well as the conceptualization of the artificial intelligence technology in the context of the security domain) provides evidence of how security transformations occur. It serves as a tool for studying the corresponding changes and assessing the state security system. It is necessary to indicate the limitation of the study: we do not consider direct military applications in the field of automation and algorithms (artificial intelligence technology). The validation of the empirical model has been undertaken using the case of the USA (eight-time intervals are subject to analysis, namely: 1999, 2002, 2006, 2010, 2012, 2015, 2017, 2019). With the development of the technology itself, the “interest” of the state and the definition of threats, as well as the rapid growth of the capabilities of the artificial intelligence technology (coincides with the years of maximum progress in computing power and the introduction of new algorithms) are growing, and since 2012, the dynamic has been linear, since more new “discoveries” have contributed to evolutionary rather than “revolutionary” growth trajectory. The developed model is scalable. This feature may be useful in the empirical security studies: the artificial intelligence technology within the model can be replaced with other types of digital technologies (for example, big data, cloud computing or 5 g connection technologies, etc.); thus, empirical models of security consistency under the impact of other technologies can be developed. The approach proposed allows to under take cross-country comparisons with respect to specific types of digital technologies and their interactions with the security domain.


2021 ◽  
Vol 27 (2) ◽  
pp. 132-138
Author(s):  
V. Ya. Dmitriev ◽  
T. A. Ignat'eva ◽  
V. P. Pilyavskiy

Aim. To analyze the concept of “artificial intelligence”, to justify the effectiveness of using artificial intelligence technologies.Tasks. To study the conceptual apparatus; to propose and justify the author’s definition of the “artificial intelligence” concept; to describe the technology of speech recognition using artificial intelligence.Methodology. The authors used such general scientific methods of cognition as comparison, deduction and induction, analysis, generalization and systematization.Results. Based on a comparative analysis of the existing conceptual apparatus, it is concluded that there is no single concept of “artificial intelligence”. Each author puts his own vision into it. In this regard, the author’s definition of the “artificial intelligence” concept is formulated. It is determined that an important area of applying artificial intelligence technologies in various fields of activity is speech recognition technology. It is shown that the first commercially successful speech recognition prototypes appeared already by the 1990s, and since the beginning of the 21st century. The great interest in “end-to-end” automatic speech recognition has become obvious. While traditional phonetic approaches have requested pronunciation, acoustic, and language model data, end-to-end models simultaneously consider all components of speech recognition, thereby facilitating the stages of self-learning and development. It is established that a significant increase in the” mental “ capabilities of computer technology and the development of new algorithms have led to new achievements in this direction. These advances are driven by the growing demand for speech recognition.Conclusions. According to the authors, artificial intelligence is a complex of computer programs that duplicate the functions of the human brain, opening up the possibility of informal learning based on big data processing, allowing to solve the problems of pattern recognition (text, image, speech) and the formation of management decisions. Currently, the active development of information and communication technologies and artificial intelligence concepts has led to a wide practical application of intelligent technologies, especially in control systems. The impact of these systems can be found in the work of mobile phones and expert systems, in forecasting and other areas. Among the obstacles to the development of this technology is the lack of accuracy in speech and voice recognition systems in the conditions of sound interference, which is always present in the external environment. However, the recent advances overcome this disadvantage.


Author(s):  
Beata Agnieszka MADEJ

Aim: The research effort in the aspect of a model of a court control of a decision issued by the President of the Office for Competition and Consumer Protection is predominantly supported by significance and importance of applicable legal solutions in practice. The research was aimed at evaluating the model of court control of decisions of the OCCP President. Design / Research methods: Due to the scope of the research covered by the author, the core research methods is the dogmatic method. Because of the theoretical and legal nature of the considerations, the main method used in the research was the method of analytical and dogmatic legal research method. Conclusions / findings: The research shows that it is a complex process to assess the effectiveness of the model for court control of the OCCP President's decisions which is used, in particular in terms of ensuring full and effective guarantee and protection of entrepreneurs' rights. One should agree that the arguments raised by both proponents and antagonists of transformation of the applicable legal solutions seem justified.  Observations from two systems: the model of a control exerted by common court and administrative courts in the context discussed in the paper leads representatives of case law to formulating justified demands for changing the existing model.   Originality / value of the article: The unique nature of competition and consumer law cases is expressed in the hybrid nature of the proceedings run before the OCCP President and, later on, before common courts.  The legislator determined the particular procedure for verifying the governance forms of the impact of the President, which is particularly justified by the nature of competition and consumer protection cases and classifying them formally to civil law cases. Proceedings before the competition and consumer protection court is the first instance proceedings with the purpose of recognising the technical aspects of the case in the light of the civil law provisions. The deliberations presented in the paper clearly lead to the conclusion that submission of the decisions made in competition protection cases to the control of common court is decisive for its scope and applied criteria and, except for legality, criteria such as usefulness, applicability or efficient management are also applied by court. Implications of the research: The deliberations presented in the paper may contribute to initiate works on the transformation of the model for controlling decisions of Polish competition bodies by court.


2021 ◽  
Vol 5 (1) ◽  
pp. 1-18
Author(s):  
Stefan Koos

Technologic evolutions of the last two decades, such as the development of the  internet, had a strong disruptive effect to the society and the economy. However, because of the flexible concepts of the civil law codifications a disruptive effect in the private law until now did not exist. Especially the legal consequences  of the internet were integrated into the private law without bigger categorial or structural changes. This applies equally to most of the cases of the use of artificial intelligence (AI) in recent times. With more advanced development of AI-systems, though, it may not be possible anymore to apply the traditional terms of the private law to the use of AI without leaving the constitutional law background of the private law. This article discusses the impact of the use of a future advanced independent AI on the concept of the private autonomy in the contract law. Furthermore, it gives an overview on the new legislative approach of a human centric use of AI in the European Union. 


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