Law, Technology and Humans最新文献_第3页

When Art Becomes a Lemon: The Economics of Machine-Enabled Artworks and the Need for a Rule of Origin 当艺术变成柠檬:机器艺术的经济学和对起源规则的需要

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2787

Jerome De Cooman

{"title":"When Art Becomes a Lemon: The Economics of Machine-Enabled Artworks and the Need for a Rule of Origin","authors":"Jerome De Cooman","doi":"10.5204/lthj.2787","DOIUrl":"https://doi.org/10.5204/lthj.2787","url":null,"abstract":"In 2021, an artificial intelligence system wrote a law article. The results were far from perfect but begged the question of whether a human author will still be able to compete against artificial intelligence. Leaving aside the Luddites scenario, this paper starts with the premise that human-made art might be more valued than machine-enabled art. However, to be properly valued, machine-enabled and human-made art must be distinguishable—they are not. Indistinguishability creates an asymmetry in information. This leads to a ‘lemons problem’—that is, a market erosion of good-quality products (in this scenario, human-made products). Against that background, this paper proposes a solution in light of international law and rules of origin. This paper argues that the lemons problem induces the need for a rule of origin labelling work as either human-made or machine-enabled. Determining human or machine authorship may be dauntingly complex when the artwork owes its existence to both humans and machines. One solution may be to review how the country of origin is identified whenever products are not created in a single location and then to apply, mutatis mutandis, to rules of authorship origin the solutions once identified in the context of geographical origins, that is, the so-called ‘substantial transformation test’. In the context of machine-enabled artwork, this test is whether a human edited the machine output and, if so, whether those edits constituted a substantial transformation of the work of art.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132650809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Disaster for Darwin vs Australia on Fire—a Politico-Legal Review of Governments in Action 达尔文与着火的澳大利亚的灾难——对政府行动的政治法律评论

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2718

J. Scutt

{"title":"Disaster for Darwin vs Australia on Fire—a Politico-Legal Review of Governments in Action","authors":"J. Scutt","doi":"10.5204/lthj.2718","DOIUrl":"https://doi.org/10.5204/lthj.2718","url":null,"abstract":"For two days in December 1974, from 24 to 26 December, Cyclone Tracy hit Darwin, in the Northern Territory of Australia, killing 71 people, seriously injuring 145, causing minor injuries to 500, damaging buildings, tearing roofs from houses, sweeping up trees and rubbish bins, rending children’s playground equipment, and bending in half the anemometer needle in Darwin Airport control tower. The festive season ended with a damage bill topping AUD$800 million.\u0000From June 2019 through to March/April 2020, bushfires ravaged Australia, burning 10 million hectares, ending lives and destroying livelihoods, killing or injuring some three billion animals, with kangaroos leaping to avoid the inferno, while koalas whimpered as the oncoming flames sped towards them, filling the Australian bush with the agonised cries of animals in danger, distress, dying and death. Some 3,500 homes were burned out, almost 6,000 outbuildings demolished, 34 people killed, more injured, and the cost in monetary terms was estimated at over AUD$103 billion. During Black Summer, the Australian land expanse devastated was as if, were the conflagration to be experienced in England, the entire country would burn from Dover to the Scots’ border.\u0000These disasters found both serving prime ministers absent overseas at crucial times. Gough Whitlam, prime minister during the cyclone disaster, returned from Greece immediately. Scott Morrison, prime minister during the fires, left in the midst of the conflagration. Whitlam set up a Darwin Reconstruction Commission. No Bushfire Reconstruction Commission was established by Morrison. Two different leaders, two different responses from government. This paper explores the disasters and the differences, the politico-legal dimensions of the way governments can respond or fail, and the process of recovery.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134129224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Friday the 13th: The Symbolic Power of Trials on Countering Terrorism with Democracy 13号星期五:民主反恐审判的象征力量

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2749

V. Hayaert

引用次数: 0

Risky Artificial Intelligence: The Role of Incidents in the Path to AI Regulation 风险人工智能:事件在人工智能监管路径中的作用

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2682

Giampiero Lupo

{"title":"Risky Artificial Intelligence: The Role of Incidents in the Path to AI Regulation","authors":"Giampiero Lupo","doi":"10.5204/lthj.2682","DOIUrl":"https://doi.org/10.5204/lthj.2682","url":null,"abstract":"The history of high-tech regulation is a path studded with incidents. Each adverse event allowed the gathering of more information on high technologies and their impacts on people, infrastructure, and other technologies, posing the bases for their regulation. With the increasing diffusion of artificial intelligence (AI) use, it is plausible that this connection between incidents and high-tech regulation will be confirmed for this technology as well. This study focuses on the role of AI incidents and an efficient strategy of incident data collection and analysis to improve our knowledge of the impact of AI technologies and regulate them better. To pursue this objective, the paper first analyses the evolution of high-tech regulation in the aftermath of incidents. Second, the paper focuses on the recent developments in AI regulation through soft and hard laws. Third, this study assesses the quality of the available AI incident databases and their capacity to provide information useful for opening and regulating the AI black box. This study acknowledges the importance of implementing a strategy for gathering and analysing AI incident data and approving flexible AI regulation that evolves with such a new technology and with the information that we will receive from adverse events—an approach that is also endorsed by the European Commission and its proposal to regulate and harmonise rules on AI.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134417146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Parental Responsibilities and Health Issues: An Exploratory Study of Legal Disputes 父母责任与健康问题:法律纠纷的探索性研究

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2681

Paula Casaleiro, P. Branco, L. Sotero

引用次数: 0

Condition Critical 条件至关重要

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2922

P. Branco, F. Contini, R. Mohr

{"title":"Condition Critical","authors":"P. Branco, F. Contini, R. Mohr","doi":"10.5204/lthj.2922","DOIUrl":"https://doi.org/10.5204/lthj.2922","url":null,"abstract":"The introduction to the ‘Condition Critical’ symposium explains the background to the series on the climatic and pandemic crises at the beginning of the 2020s. What is the role of the law in times of crisis? How does this force for continuity, predictability and order react to the discontinuity characteristic of disasters? The suspension of the law or its day-to-day operations is a moment of extreme danger, rivalling that of the disaster itself, in the licence it gives to powerful actors, governments and others to exercise unfettered force. Yet it also presents institutions, communities and disruptors with opportunities for reinvention and renewal. In this symposium, legal, political science, clinical psychology, history and sociology researchers investigate critical conditions from pandemic responses and extreme weather to terrorist attacks and parental disputes. Law courts have responded by modifying their operations and applying new technologies. This was observed in the United Kingdom and in cross-border European proceedings. A major terrorist trial in France established new architectural and information and communication technology configurations. Courts and the technologies they use can also cause critical incidents, including the disruption of artificial intelligence applications and the critical condition of the Italian justice system. Research into the Portuguese family courts investigated whether they alleviate or exacerbate disputes over the healthcare of children. Government responses to extreme weather events and the novel coronavirus (COVID-19) pandemic are studied at the intersection of law and politics in Australia. The individualising forces of neoliberal finance and law, and of urban communication technologies are criticised as dysfunctional when crises require solidarity.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127279575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Digitalisation of European Union Procedures: A New Impetus Following a Time of Prolonged Crisis 欧盟程序数字化:长期危机后的新动力

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2706

E. A. Onţanu

{"title":"The Digitalisation of European Union Procedures: A New Impetus Following a Time of Prolonged Crisis","authors":"E. A. Onţanu","doi":"10.5204/lthj.2706","DOIUrl":"https://doi.org/10.5204/lthj.2706","url":null,"abstract":"The COVID-19 pandemic temporarily brought national and cross-border procedures to a standstill. Prior to the pandemic, the use of information and communication technology in court procedures was mostly voluntary and seldom used; although various developments were contemplated, they were slow to be financed and implemented. The pandemic and associated limitations gave digitalisation of procedures, including at the European Union (EU) level, a new impetus and increased authorities’ and professionals’ openness towards technology, including in cross-border judicial cooperation. The measures adopted at the time of writing focus on aspects such as communication between competent national authorities in taking of evidence and service of documents. These are expected to soon be extended to all other EU private international law instruments. In cross-border claims, e-CODEX will be the decentralised information technology system used in this process of facilitating access to justice with digital support. The aim is for identification and certifications of e-signatures and e-identities in this digital environment to be based on the eIDAS Regulation. While all these are welcome developments for facilitating and speeding up access to justice, this paper points out that the process still requires some years for its full implementation and may be exposed to various risks, complexities and challenges. Consequently, the process will not put an end to the EU fragmentation but will work around national and EU realities.\u0000 ","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132529674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mark Andrejevic and Neil Selwyn (2022) Facial Recognition. Cambridge: Polity Press 马克·安德烈维奇和尼尔·塞尔温(2022)面部识别。剑桥:政治出版社

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2908

Pedro Zucchetti Filho

引用次数: 0

Legal Reform in China: Technology, Transparency, and Enculturation 中国的法律改革:技术、透明度与文化同化

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2619

V. I. Lo

引用次数: 0

To Face the World Alone or Together: Jus ad Bellum and the Lives of Child Soldiers in Neon Genesis Evangelion 独自或共同面对世界:《创世纪福音战士》中的正义与战争和儿童士兵的生活

Law, Technology and Humans Pub Date : 2023-04-11 DOI: 10.5204/lthj.2510

E. Muir

引用次数: 0