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Algorithms and Law [Kõva köide]

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  • Formaat: Hardback, 319 pages, kõrgus x laius x paksus: 235x158x24 mm, kaal: 620 g, Worked examples or Exercises; 1 Tables, black and white; 1 Halftones, black and white
  • Ilmumisaeg: 23-Jul-2020
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108424821
  • ISBN-13: 9781108424820
Teised raamatud teemal:
Algorithms and LawSuurem pilt
  • Formaat: Hardback, 319 pages, kõrgus x laius x paksus: 235x158x24 mm, kaal: 620 g, Worked examples or Exercises; 1 Tables, black and white; 1 Halftones, black and white
  • Ilmumisaeg: 23-Jul-2020
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108424821
  • ISBN-13: 9781108424820
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781108424820.html
Märksõnad:
Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

This collection is the first to comprehensively examine the implications of AI technology on legal and regulatory systems. Featuring experts from Europe and the US, this book will appeal to scholars of law, economics, and public policy, as well as readers generally interested in emerging legal questions related to algorithms.

Arvustused

'There is a shift in the academic debate from the 'if' to the 'how' AI should and could be regulated. This volume covers a broad range of fields, from robotics to copyrights and financial services, all united in one question: what would a regulatory framework that allows us to de-mystify algorithms and get to grips with the commercialisation of data look like? The regulatability of AI is the key issue of our times. The ten contributions provide dense up-to-date information and enticing inspiration in the search for societally acceptable solutions.' Hans W. Micklitz, European University Institute 'A timely book that finely addresses a crucial issue in the age of digitalization - the governance of algorithms - and helps to identify a new and necessary field of legal studies.' Ugo Pagallo, University of Turin 'The ubiquity of algorithms in many areas of our lives has become one of the burning issues of our time, with legislators and policy-makers around the world grappling with the many challenges associated with Artificial Intelligence and Algorithms. This development is significant for many disciplines, including law. This collection of essays examines many of the legal issues of AI and algorithms and illustrates just how complex an area this has become. It will be welcomed by any reader interested in understanding the many legal and ethical questions which need to be resolved.' Christian Twigg-Flesner, University of Warwick 'The book accomplishes a difficult task. It is an excellent source for those who dive for the first time into the legal challenges that AI poses to law The book is written in such a clear manner that it allows an interdisciplinary understanding. The authors and editors should be applauded for the clarity with which they explore an extremely complex subject.' Francisco de Elizalde, Prometheus

Muu info

Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.
List of Figures and Tables
xi
Notes on Contributors xiii
Preface xvii
Acknowledgments xxi
1 Robotics and Artificial Intelligence: The Present and Future Visions
1(36)
Sami Haddadin
Dennis Knobbe
1.1 Machine Intelligence: History in a Nutshell
1(15)
1.1.1 Back to the Roots
1(8)
1.1.2 The Modern Era of Robotics and AI
9(4)
1.1.3 A Big Step Forward
13(3)
1.2 Key Technologies in Modern Robotics and Artificial Intelligence
16(9)
1.2.1 Trustworthy Artificial Intelligence
16(1)
1.2.2 Safety in Physical Human-Robot Interaction
17(1)
1.2.3 Robot Mechatronics As AI Embodiment
17(1)
1.2.4 Multimodal Perception and Cognition
18(1)
1.2.5 Navigation and Cognition
19(1)
1.2.6 Modern Control Approaches in Robotics
20(1)
1.2.7 Machine-Learning Algorithms
21(3)
1.2.8 Learning in Intelligent and Networked Machines
24(1)
1.3 Man and Machine in the Age of Machine Intelligence
25(4)
1.3.1 Flying Robots
26(1)
1.3.2 Mobile Ground Robots
27(1)
1.3.3 Tactile Robots
27(2)
1.4 Applications and Challenges of Robotics and AI Technologies
29(5)
1.4.1 From Cleaning Robots to Service Humanoids
29(3)
1.4.2 Production and Logistics
32(1)
1.4.3 Robotic Disaster Relief
33(1)
1.44 Multimodal Communication for AI-Enabled Telemedicine
34(2)
1.4.5 The Future of Medicine with Molecular Robots
35(1)
1.5 Conclusion
36(1)
2 Regulating AI and Robotics: Ethical and Legal Challenges
37(63)
Martin Ebers
2.1 Scenario
37(7)
2.1.1 The Use of Algorithms by Businesses and Governments
37(3)
2.1.2 Concepts and Definitions
40(4)
2.1.3 Overview
44(1)
2.2 The Problematic Characteristics of AI Systems from a Legal Perspective
44(6)
2.2.1 Complexity and Connectivity
44(1)
2.2.2 From Causation to Correlation
45(1)
2.2.3 Autonomy
46(2)
2.2.4 Algorithms As Black Boxes
48(2)
2.3 Fundamental Questions
50(3)
2.3.1 Replacement of Humans by Machines: To What Extent?
50(2)
2.3.2 Brain-Computer Interfaces and Human Enhancement
52(1)
2.4 Safety and Security Issues
53(3)
2.4.1 Superintelligence As a Safety Risk?
53(1)
2.4.2 Current Safety Risks
54(1)
2.4.3 Security Risks Due to Malicious Use of AI
55(1)
2.5 Accountability, Liability, and Insurance for Autonomous Systems
56(5)
2.5.1 Emerging Questions
56(1)
2.5.2 Overview of Opinions
57(1)
2.5.3 Revising (Product) Liability Law in the European Union
57(3)
2.5.4 A Specific Legal Status for AI and Robots?
60(1)
2.6 Privacy, Data Protection, Data Ownership, and Access to Data
61(9)
2.6.1 The Interplay between Data and Algorithms
61(1)
2.6.2 Privacy, Data Protection, and AI Systems
62(4)
2.6.3 Data Ownership v Data Access Rights
66(4)
2.7 Algorithmic Manipulation and Discrimination of Citizens, Consumers, and Markets
70(13)
2.7.1 Profiling, Targeting, Nudging, and Manipulation of Citizens and Consumers
71(5)
2.7.2 Discrimination of Citizens and Consumers
76(5)
2.7.3 Market Manipulation: The Case of Algorithmic Collusion
81(2)
2.8 (International) Initiatives to Regulate AI and Robotics
83(9)
2.8.1 Overview
83(3)
2.8.2 European Union
86(3)
2.8.3 International Organizations
89(2)
2.8.4 Industry Initiatives and Self-Regulation at International Level
91(1)
2.9 Governance of Algorithms: Regulatory Options
92(6)
2.9.1 Should AI Systems and Robotics be Regulated by Ethics or Law?
92(1)
2.9.2 General Regulation versus Sector-specific Regulation
93(1)
2.9.3 Guiding Questions For Assessing the Need to Regulate
93(1)
2.9.4 Level of Regulation: Global, International, National, or Regional?
94(1)
2.9.5 Instruments for Modernizing the Current Legal Framework
95(2)
2.9.6 A Plea for an Innovation-friendly Regulation
97(1)
2.10 Outlook
98(2)
3 Regulating Algorithms: How to Demystify the Alchemy of Code?
100(36)
Mario Martini
3.1 Algorithms As Key to a Digital Cognitive World: Tomorrow's Leviathan?
100(2)
3.2 Out of Control? Risk Potentials of AI As Prediction Machines
102(6)
3.2.1 Opacity
102(2)
3.2.2 Unlawful Discrimination As Ethical and Legal Challenge
104(3)
3.2.3 Monopolization of Market Power and Knowledge: Influencing the Formation of Political Opinion
107(1)
3.3 Regulatory steps and proposals for further legislative measures
108(26)
3.3.1 Collective Data Protection As Part of Consumer Protection in the Digital World
109(3)
3.3.2 Preventive Regulatory Instruments
112(13)
3.3.3 Accompanying Risk Management and Supervision by Public Authorities
125(3)
3.3.4 Ex-post Protection
128(4)
3.3.5 Self-Regulation: Algorithmic Responsibility Code with a Declaration of Conformity
132(2)
3.4 Conclusion
134(2)
4 Automated Decision-Making under Article 22 GDPR: Towards a More Substantial Regime for Solely Automated Decision-Making
136(21)
Diana Sancho
4.1 Algorithms and Decision-Making
136(2)
4.2 Automated Processing, Profiling, and Automated Decision-Making
138(3)
4.2.1 A Dynamic Process
138(2)
4.2.2 The Procedural Design of Article 22
140(1)
4.3 Which Decisions?
141(6)
4.3.1 Classification
141(1)
4.3.2 Analysis
142(5)
4.4 The Right to Human Intervention and Article 22
147(3)
4.4.1 Prohibition
147(1)
4.4.2 Right
148(1)
4.4.3 Derogations
148(1)
4.4.4 The WP29 Guidelines
149(1)
4.5 The Right to an Explanation and Article 22
150(5)
4.6 Conclusion
155(2)
5 Robot Machines and Civil Liability
157(17)
Susana Navas
5.1 Robot Machines and Virtual Robots
157(5)
5.1.1 Broad Notion of a Robot
158(2)
5.1.2 Strict Notion of a Robot
160(2)
5.1.3 European Notion of a Robot
162(1)
5.2 Robots from a Legal Perspective
162(3)
5.2.1 Current Legal Framework
162(1)
5.2.2 Regulation of the Design and Production of Robot Machines
163(2)
5.3 The Liability of the Owner of a Robot: Some Reflections
165(1)
5.4 The Producer's Liability for Damage Caused by a Robot Machine: Review
166(7)
5.4.1 Robot Machines As Products
167(1)
5.4.2 Types of Defects
168(1)
5.4.3 Notion of Producer: The `Market Share Liability' Rule
169(2)
5.4.4 The Consumer Expectations Test
171(1)
5.4.5 Inclusion of Non-pecuniary Damages
172(1)
5.5 Conclusions
173(1)
6 Extra-Contractual Liability for Wrongs Committed by Autonomous Systems
174(33)
Ruth Janal
6.1 Damage Wrought by Autonomous Systems
174(4)
6.1.1 Robots As Legal Persons
175(1)
6.1.2 The Players Involved in Autonomous Systems
176(1)
6.1.3 Existing Liability Regimes
177(1)
6.2 Traditional Concepts of Liability
178(12)
6.2.1 Fault-Based Liability
178(2)
6.2.2 Liability for Things
180(5)
6.2.3 Liability for Employees and Other Assistants
185(3)
6.2.4 Liability for Minors
188(2)
6.3 Perspective: Liability for Autonomous Systems
190(15)
6.3.1 How to Define `Wrong' in the Context of Autonomous Systems
190(3)
6.3.2 User of the Autonomous System
193(1)
6.3.3 Keeper of the Autonomous System
194(8)
6.3.4 The Operator's Liability
202(3)
6.4 No-Fault Compensation Schemes
205(1)
6.5 Conclusion
205(2)
7 Control of Algorithms in Financial Markets: The Example of High-Frequency Trading
207(14)
Gerald Spindler
7.1 Algorithms and Financial Markets
207(2)
7.2 Control of Algorithms: High-Frequency Trading As a Blueprint for Regulation?
209(1)
7.3 Risks and Impact of High-Frequency Trading on Markets
209(1)
7.4 The German High-Frequency Trading Act
210(3)
7.5 Regulation on the European Level
213(6)
7.5.1 MiFID II
213(3)
7.5.2 Delegated Act: The Regulation of the European Union
216(3)
7.6 Outlook: High-Frequency Trading As a Blueprint?
219(2)
8 Creativity of Algorithms and Copyright Law
221(14)
Susana Navas
8.1 Creativity
221(5)
8.1.1 Definition: Types of Creativity
221(2)
8.1.2 The Relationship between Creativity and Algorithms
223(2)
8.1.3 Categories of Computational Art
225(1)
8.2 Creation by Algorithms and Copyright
226(6)
8.2.1 A Work Produced by an Algorithm as an Original `Work'
227(3)
8.2.2 Authorship: Ownership and Exercise of Rights
230(2)
8.3 Conclusion: Challenges for Copyright
232(3)
9 "Wake Neutrality" of Artificial Intelligence Devices
235(34)
Brian Subirana
Renwick Bivings
Sanjay Sarma
9.1 Wake Neutrality and Artificial Intelligence
235(7)
9.1.1 Product and Name Wake Neutrality of Smart Speakers
236(1)
9.1.2 Intelligence Wake Neutrality of Smart Speakers
237(1)
9.1.3 Wake Neutrality Legal Compliance: Open versus Closed Approaches
238(4)
9.1.4 A Voice Name System for Wake Neutrality
242(1)
9.2 Six Requirements for Wake Neutrality of AI Devices in OCC
242(5)
9.2.1 Requirements to Achieve Wake Neutrality
243(3)
9.2.2 Requirements to Enforce Wake Neutrality
246(1)
9.3 Net Neutrality and Wake Neutrality
247(5)
9.4 Legal Programming Enablers of Wake Neutrality
252(3)
9.5 Balancing Wake Neutrality with Automated Contracting
255(4)
9.6 Implications of Wake Neutrality for the AI Architecture Stack
259(8)
9.6.1 Wake Neutrality and the Sensor Stream
259(1)
9.6.2 Wake Neutrality and the Cognitive Core
260(3)
9.6.3 Wake Neutrality and the Brain Operating System
263(3)
9.6.4 Wake Neutrality and the Expression Layer
266(1)
9.7 Conclusion and Future Research
267(2)
10 The (Envisaged) Legal Framework for Commercialisation of Digital Data within the EU: Data Protection Law and Data Economic Law As a Conflicted Basis for Algorithm-Based Products and Services
269
Bjorn Steinrotter
10.1 The Link between Data and Algorithms
269(2)
10.2 Definition of Digital Data
271(1)
10.3 Data Economic Law
272(17)
10.3.1 Brief Description and Rationale
272(2)
10.3.2 The Free Flow of Data Initiative of the European Commission
274(13)
10.3.3 Non-personal Data Contract Law
287(2)
10.4 Data Protection Law
289(5)
10.4.1 Brief Description and Rationale
289(1)
10.4.2 Personal Data Movement and Trading
289(3)
10.4.3 Personal Data Ownership/Property in Personal Data?
292(1)
10.4.4 Personal Data Contract Law
293(1)
10.5 Conflicts
294(1)
10.6 Alternatives
295(1)
10.7 Conclusions
296
Martin Ebers is Associate Professor of IT Law at the University of Tartu and a permanent research fellow at the Humboldt University of Berlin. He is also the co-founder and president of the Robotics & AI Law Society (RAILS). Along with researching and teaching, he has been active in the field of legal consulting for many years. His main areas of expertise and research are IT law, private law, insurance law and European law. Professor Ebers is the author of Rights, Remedies and Sanctions in EU Private Law (2015). Susana Navas is Full Professor for Private Law at the Autonomous University of Barcelona. Her diverse fields of interest range from child law and copyright law to European private law. Recently, she has also devoted herself to the study of digital law and is a co-author of Inteligencia artificial Tecnología Derecho (2017). Professor Navarro has enjoyed research stays at both European and North American institutions and has been a key speaker at conferences and workshops across Europe.