Legal Perspectives in the Modern Era of Technological Transformations
Legal Perspectives in the Modern Era of Technological Transformations
Author(s): Cristina Elena Popa Tache, Heliona Miço (Bellani), Tiberiu Ban, Carmen Oana Mihăilă, Mircea Mihăilă, Tereza Jonáková, Cristina Simona CĂPĂȚÎNĂ, Dragoș Bîlteanu, Carmen Silvia Paraschiv, Verginia Vedinas, Ioan Laurenţiu Vedinaş, Sorin - Alexandru Vernea, Sorana Brisc, Gabriel Niță, Adriana Iuliana Stancu, Dora Arifi, Besa Arifi, Isabelle Oprea, Daniela Duță, Iryna Kushnir, Yuliia Stepanova
Contributor(s): Tiina Pajuste (Editor), Heliona Miço (Bellani) (Editor), Šejla Maslo Čerkić (Editor)
Subject(s): Criminal Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, EU-Legislation, Commercial Law, Comparative Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: FinTech law; artificial intelligence; digital currencies; algorithmic law;
Summary/Abstract: This volume includes some of the scientific papers submitted at the 4th International Conference on FinTech, Cyberspace and Artificial Intelligence Law that was held on March 22, 2024, Bucharest, online on Zoom. The conference is organized every year by the Society of Juridicial and Administrative Sciences. More information about the conference can be found on the official website: https://adjuris.ro/fintech/. The scientific studies included in this volume are grouped into three chapters: Ethical Implications and Regulatory Frameworks; Legal Strategies for Technological Innovation and Practical Applications and Challenges in Technology Law. This volume is aimed at practitioners, researchers, students and PhD. candidates in cyberspace and artificial intelligence law, who are interested in recent developments and prospects for development in this field at international and national level.
- E-ISBN-13: 978-606-95862-5-9
- Page Count: 236
- Publication Year: 2024
- Language: English
Some Reflections on Two of the Most Visible Developments: The Right to Refuse Internet Use and the „Chilling Effect”
Some Reflections on Two of the Most Visible Developments: The Right to Refuse Internet Use and the „Chilling Effect”
(Some Reflections on Two of the Most Visible Developments: The Right to Refuse Internet Use and the „Chilling Effect”)
- Author(s):Cristina Elena Popa Tache, Heliona Miço (Bellani)
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Law and Transitional Justice
- Page Range:13-23
- No. of Pages:11
- Keywords:internet, human rights; individual autonomy; chilling effect; lawfare; right to disconnect; digitization; new technologies; society; international law;
- Summary/Abstract:The use of technology brings forth several dilemmas, as does internet usage. Not all individuals possess the necessary skills to master technological capabilities – a challenging feat for most of the world's population. The internet is considered by definition a technology, and in this capacity, it is natural to be attached to a series of rights and obligations. From society's accumulated experience, we have witnessed various metamorphoses of human rights, and one of the precursors to the right not to use the internet is the right to disconnect, increasingly encountered. In what stage is this concept of the individual's right to abstain from participating in the online sphere? Is it an El Dorado for modern human rights? How far can individual autonomy go? Why together with the "chilling effect"? Because the connection between individual autonomy and freedom of expression lies in the fact that freedom of expression is often a way in which people express and affirm their autonomy. Through liberal expression, an individual can express their identity, values, and preferences, contributing to the development and affirmation of their own autonomy. The chilling effect, seen as a modern form of lawfare, stifles the evolution of individual rights, reduces freedom, and diminishes the autonomy of individuals in deciding whether or not to use the internet and to what extent they choose to do so online. This article aims to initiate essential discussions regarding the legal and ethical aspects that may make this option of humanity not to use the internet possible or impossible.
The Law in the Internet of Things Era between Created Opportunities and Vulnerabilities
The Law in the Internet of Things Era between Created Opportunities and Vulnerabilities
(The Law in the Internet of Things Era between Created Opportunities and Vulnerabilities)
- Author(s):Tiberiu Ban
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics
- Page Range:24- 38
- No. of Pages:15
- Keywords:information security; information privacy; security policies; processing procedures; preventing cyber-attacks;
- Summary/Abstract:In the context of computerization and automation of most economic sectors and private life, the increase in the number of attacks on computer systems that expose personal data to unauthorized persons is alarming. It started from a hypothesis already validated in the specialized literature that properly designed security policies and procedures can prevent attacks exploiting known vulnerabilities to a satisfactory extent. However, their simple existence is not enough, these security policies and procedures must be adapted to the specifics of each computer system, with the appropriate legal support. We followed a transdisciplinary analysis that combines elements of informatics and legal regulations regarding the opportunities and vulnerabilities of smart devices, face to face with the criminal phenomenon of cyber crime aimed at the security and confidentiality of personal data. The main objective of the present study is to identify and extract ‘lessons learned’ regarding vulnerabilities of the Internet of Things type information systems. These ‘good practices’ allow the development of procedures and security policies useful in preventing computer attacks criminalized as the crime of unauthorized access to a computer system.
Artificial Intelligence - The Era of Social Inequalities. In Regulating the Future, We Need to Look at the Risks
Artificial Intelligence - The Era of Social Inequalities. In Regulating the Future, We Need to Look at the Risks
(Artificial Intelligence - The Era of Social Inequalities. In Regulating the Future, We Need to Look at the Risks)
- Author(s):Carmen Oana Mihăilă, Mircea Mihăilă
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law and Transitional Justice
- Page Range:39-63
- No. of Pages:25
- Keywords:artificial intelligence system; privacy; discrimination; profiling; labour market; social inequalities;
- Summary/Abstract:AI brings ethical and legal issues, the discrimination, and workplace safetyrisks. Decision making through AI techniques is changing the relationships between individuals as we know them today. The development of AI and the integration of these systems into essential services for the population can accentuate imbalances in society and between states. Generating certain predictive models by identifying patterns in the collected data and grouping people in this way can lead to discrimination against certain groups (bias can be encoded in algorithms). Errors or biases may also occur that affect the integrity and confidentiality of information where it is difficult to understand how AI makes data security decisions. In the absence of human supervision and boundary drawing, autonomous AI may hold big surprises. The article will analyse some aspects related to the risks that the use of AI systems involves on fundamental rights, with reference to private life, data protection, non-discrimination regarding and to the effects that the development of AI has in creating new social inequalities.
Electronization of the Healthcare Sector and Its Responsibility in Relation to IT and AI
Electronization of the Healthcare Sector and Its Responsibility in Relation to IT and AI
(Electronization of the Healthcare Sector and Its Responsibility in Relation to IT and AI)
- Author(s):Tereza Jonáková
- Language:English
- Subject(s):Civil Law, Human Rights and Humanitarian Law, Law and Transitional Justice
- Page Range:64- 74
- No. of Pages:11
- Keywords:artificial intelligence; information technologies; accountability; healthcare; telemedicine;
- Summary/Abstract:The modern phenomenon of electronization and digitalization of the contemporary information society affects many areas of human life, and produces, mainly due to the unclear construction of legal liability in relation to AI and its activities, many relevant questions. If AI and the activities and services linked to it is to be responsible to society, they should, above all, be fair, accountable, transparent, confidential and secure to their users, not only with legal implications, but also with moral and ethical ones, all with the aim of mitigating technical and technological risks while maintaining the guarantee of fundamental human rights and freedoms.
Digital Currencies: Individual Perceptions of the Impact on Money Laundering and the Transition to a Cashless Environment
Digital Currencies: Individual Perceptions of the Impact on Money Laundering and the Transition to a Cashless Environment
(Digital Currencies: Individual Perceptions of the Impact on Money Laundering and the Transition to a Cashless Environment)
- Author(s):Cristina S. Căpățîna (Dumitrache), Dragoș Bîlteanu
- Language:English
- Subject(s):Criminal Law, Law and Transitional Justice, Law on Economics
- Page Range:75-102
- No. of Pages:28
- Keywords:money laundering; cryptocurrency; CBDC; blockchain; cash;
- Summary/Abstract:Based on the correlation between the use of cash and criminal activity demonstrated in the literature, we conducted a survey to identify the civilian community’s perception of the extent to which the adoption of cashless transactions could mitigate criminal behaviour. Our study investigates both attitudes towards digital currencies and the feasibility of transitioning to a cashless society. The survey results show scepticism towards limiting cash as a comprehensive solution to combat illicit financial activities, highlighting the importance for policymakers to weigh the potential benefits against criminal adaptability. The varied perspectives among legal and public policy respondents highlight the nuanced considerations surrounding cash restrictions, with some advocating their benefits in combating money laundering while others remain sceptical. Concerns expressed by respondents about privacy, institutional control and economic autonomy highlight the multiple implications of the transition to a cashless society. These findings underline the need for robust legal and regulatory frameworks to protect individual privacy rights and ensure transparency in the use of transaction data. In addition, respondents’ concerns about oversight and trust in digital payment systems underscore the need for thorough analysis prior to the adoption of centralised digital currencies.
Study on Digital Transformation and Algorithmic Law
Study on Digital Transformation and Algorithmic Law
(Study on Digital Transformation and Algorithmic Law)
- Author(s):Carmen Silvia Paraschiv
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law and Transitional Justice
- Page Range:104-114
- No. of Pages:11
- Keywords:digital transformation; blockchain; emerging legal instruments; algorithmic law;
- Summary/Abstract:The article studies the interaction between digital transformation and the legal field, analyzing the impact of digital technologies on legislation and legal practice. After outlining the basics of digital transformation, it examines how technological evolution affects the rule of law and the legal implications of digital transformation, with a focuson data protection and privacy in the digital age. Emerging legal tools such as smart contracts and blockchain technology present challenges and opportunities. Access to justice in the digital age is analyzed, noting the influence of technology on legal processes and online dispute resolution platforms. The paper also addresses the impact of digital transformation on legal education and the ethical issues associated with the use of technology in legal practice. In conclusion, the paper emphasizes the importance of adapting the legal system and educational practices to the changes generated by the digital transformation.
Scenarios for the Future of the Legal Profession in the Age of Artificial Intelligence?
Scenarios for the Future of the Legal Profession in the Age of Artificial Intelligence?
(Scenarios for the Future of the Legal Profession in the Age of Artificial Intelligence?)
- Author(s):Verginia Vedinas, Ioan Laurenţiu Vedinaş
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics
- Page Range:115-125
- No. of Pages:11
- Keywords:artificial intelligence; legal professions; digitization; evolution; future; computers; professional competence; categories; reports;
- Summary/Abstract:The present study aims to address, succinctly, aspects that concern the future. The changes that this period will bring to all professions represent a general concern. It is obvious, however, that the effects to be produced are not similar either as content, nor quantitatively. If they are professions ‘prone’ to be replaced, in completeness, computers, equally are professions whose content will be modified, without; however, they can be fully transferred from human to computers. Among these, we appreciate that there are also legal professions. Some of the ways in which they are exercised, it will be possible to move into the ‘competence’ of the computer, but man cannot ever disappear, entirely, from their exercise.
Liability of News Platforms under the Digital Services Act
Liability of News Platforms under the Digital Services Act
(Liability of News Platforms under the Digital Services Act)
- Author(s):Sorin - Alexandru Vernea
- Language:English
- Subject(s):Civil Law, Law and Transitional Justice, Law on Economics
- Page Range:126-137
- No. of Pages:12
- Keywords:news platforms; Digital Services Act; public communication law; journalist's responsibility; press freedom;
- Summary/Abstract:This article analyzes the conditions under which news platforms can be held liable under European Regulation (EU) 2022/2065 of the Parliament and of the Council (Digital Services Act). The first part concerns the object of the DSA regulation, by reference to news platforms, and the second part regards the notion of illegal content and its specific nature in the case of news platforms. The third and fourth parts concern the liability of the online platform both for posted articles and for advertising, in which the author has identified a distinct regime depending on the type of uploaded material. The conclusion of the paper concerns the importance of the European Regulation (EU) 2022/2065 of the Parliament and of the Council for the activity of journalists and news platforms.
The Processing of Personal Data in Contracts for the Supply of Digital Content and Services
The Processing of Personal Data in Contracts for the Supply of Digital Content and Services
(The Processing of Personal Data in Contracts for the Supply of Digital Content and Services)
- Author(s):Sorana Brisc
- Language:English
- Subject(s):Civil Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics
- Page Range:138-153
- No. of Pages:16
- Keywords:supply of digital content; supply of digital services; Directive (EU) 2019/770; Regulation (EU) 2016/679; consent; processing of personal data;
- Summary/Abstract:This paper highlights the impact of personal data processing in contracts for the supply of digital content and services. The primary aim of this study is to clarify the role played by the consent given by the data subject to the processing of personal data within the framework of these new-wave digital contracts. In particular, our focus lies on discerning the consequences of the withdrawal of consent on the contract itself. This subject requires a multidisciplinary approach. By using the historical, theoretical and descriptive method of scientific inquiry, we hope to provide a more precise understanding of the complex regulatory framework governing electronic commerce. The paper commences by explaining the socio-economic and regulatory context in which the processing of personal data influences contract law. In the first section of the paper, we underline the distinction between two manifestations of will: the contractual consent, understood as a prerequisite for the validity of a contract, and the GDPR consent, representing an agreement to the processing of personal data. Subsequently, we emphasize the role of GDPR consent in synallagmatic contracts for the supply of digital content and services whereas the third section deals with the effects of GDPR consent withdrawal on the digital contract. Following our research, we concluded that there is a symbiotic relationship between the two legal forms of consent, despite their different nature. It is certain that the extensive processing of data, often referred to as ‘Big Data’, which has been prevalent for at least a decade, claims the need to protect the consumer of digital content and services beyond the non-patrimonial nature of the fundamental rights regulated by Regulation (EU) 2016/679.
Artificial Intelligence Regulation: Approaches and Implications
Artificial Intelligence Regulation: Approaches and Implications
(Artificial Intelligence Regulation: Approaches and Implications)
- Author(s):Gabriel Niță
- Language:English
- Subject(s):International Law, Law and Transitional Justice, Law on Economics, EU-Legislation
- Page Range:154-176
- No. of Pages:23
- Keywords:artificial intelligence; risk; regulation; ethics; governance:
- Summary/Abstract:The complexity of technological risks and cyber security risks with a major significant impact on fundamental rights and freedoms arising from the adoption of new artificial intelligence technologies calls for the implementation of specific regulations adapted to the rapid pace of technological innovation and the continuous evolution of threats in this area. The proposed study will focus both on the critical analysis of the regulatory and institutional instruments for regulating artificial intelligence as one of the so-called disruptive technologies and on the challenges faced by regulators. Methodologically, the research will involve the identification and analysis of the risks associated with AI technology, followed by a systematic assessment of the mandatory (hard law) and non-mandatory (soft law) legal instruments applicable to the field, as well as proposed governance system proposals, in order to identify similarities and juxtapositions. In addition, synthesising the views expressed in legal doctrine will make an important contribution to analyse and understand the challenges to regulation and governance posed by new digital technology. By analysing from different perspectives, the proposed regulations to prevent risks associated with artificial intelligence, the scientific contribution brings into question possible directions for the future regulatory framework.
Hacking Vehicles’ Computer System
Hacking Vehicles’ Computer System
(Hacking Vehicles’ Computer System)
- Author(s):Adriana Iuliana Stancu
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics
- Page Range:178-192
- No. of Pages:15
- Keywords:hackers; engine control; codes; sensors;
- Summary/Abstract:The advent of automotive hacking is a result of the use of electronics in cars. A few years ago, tuning an automobile to produce more power required tuning automotiv egear; nowadays, the on – board computer is the new target. For the first time, researchers from Washington and California linked the on – board computer to the OBD – II connector, automatically hacked the system, and installed the Car Shark malware. A side fromother nefarious things, this program could lock the doors, turn off the engine, and force hot air into the cabin. The only solace is that accessing the OBD – II port requires entering the vehicle, and once an attacker is inside, it is simpler for him to take a vehicle than conducting hacking activities. Researchers from the University of South Carolina and Rutgers University had an opposite opinion. They claim that it is possible to remotely hack the car and even control it while it is moving. They use tyre pressure sensors to accomplish it. Radio frequencies are used by these sensors to transmit data. Scientists were able to follow the vehicles and tamper with the transmitted data with the use of this signal.
Cybercrime Victimization
Cybercrime Victimization
(Cybercrime Victimization)
- Author(s):Dora Arifi, Besa Arifi
- Language:English
- Subject(s):Criminal Law, Human Rights and Humanitarian Law, Law and Transitional Justice
- Page Range:193-204
- No. of Pages:12
- Keywords:cybercrime; cyber legislation; victims; cyberstalking; cybersecurity.
- Summary/Abstract:Digitization has taken over the whole world and it’s terrifying. The reason behind this is that the Internet offers many options for its users, some of which are very productive. Unfortunately, it also creates a space for hackers to operate freely and achieve their goals. As the number of internet users is increasing, cybercrime victimization is at the highest rate every day. Cybercrime is a new term that defines illegal activity that involves a network, computer, or network device. Cybercrime is a criminal offense committed against individuals or institutions. Anyone can be a victim of cybercrime. As a result, combating this type of crime presents a new challenge for law enforcement. It is crucial to understand the risks and consequences to take appropriate measures to protect the victims of such crimes. The paper is prepared based on other works to finally conclude that cybercrime is a worldwide problem, and no one is immune to it. We must raise awareness of the possible consequences and prevent future cyber victimization before it’s too late.
Integrating AI in Bank Digitalization: Strategies, Challenges and Future Perspectives
Integrating AI in Bank Digitalization: Strategies, Challenges and Future Perspectives
(Integrating AI in Bank Digitalization: Strategies, Challenges and Future Perspectives)
- Author(s):Isabelle Oprea, Daniela Duță
- Language:English
- Subject(s):International Law, Law and Transitional Justice, Law on Economics
- Page Range:205-216
- No. of Pages:12
- Keywords:artificial intelligence; banking financial system; AI Act: Convention on Artificial Intelligence; facial recognition;
- Summary/Abstract:The paper delves into the burgeoning role of artificial intelligence (AI) within the realm of banking digitalization. It begins by contextualizing the necessity for banks to adapt to digital transformation, driven by the increasing demand for efficient, personalized banking services and the pressure of fintech competitors. The core of the paper is dedicated to discussing the multifaceted strategies that banks are employing to integrate AI technologies, including automated customer service, fraud detection algorithms, and personalized financial advice systems. Moreover, the paper highlights significant challenges banks face in this integration process, such as data privacy concerns, and the need for substantial investment in technology and employees’ training. The issue of a potential digital divide and its implications for customer access to banking services is also explored. Future perspectives are optimistically outlined, emphasizing AI’s potential to revolutionize banking by further enhancing customer experience, optimizing operational efficiency, and fostering financial inclusion. The article argues that with thoughtful regulation, continuous innovation, and a focus on AI use, the integration of AI into banking can lead to more resilient and customer-centric financial institutions.
Information Support for Combating Criminal Offences by the State Border Guard Service of Ukraine
Information Support for Combating Criminal Offences by the State Border Guard Service of Ukraine
(Information Support for Combating Criminal Offences by the State Border Guard Service of Ukraine)
- Author(s):Iryna Kushnir, Yuliia Stepanova
- Language:English
- Subject(s):Criminal Law, Law and Transitional Justice, Administrative Law
- Page Range:217-235
- No. of Pages:19
- Keywords:information support; cross-border crime; information systems; artificial intelligence; criminological monitoring; risk analysis;
- Summary/Abstract:The article deals with the research of information support for combating criminal offences of the State Border Guard Service of Ukraine taking into account the criminological aspect. This area of information support is directly related to the development of the modern information digital society. The State Border Guard Service of Ukraine (SBGSU) uses modern methods and technologies of criminology to combat criminal offences. The need to improve the organisational and legal instruments (methods) of information support and continuous improvement of information technologies in the field of combating criminal offences determine the relevance of the research topic raised in the article. The purpose of the article is to study, identify the peculiarities and prospects of using information support for combating criminal offences by the SBGSU in the criminological aspect. The methodological basis of the research was formed by a combination of general scientific, sectoral and special scientific methods, which enabled to achievet he research objective when applied in a comprehensive manner. The dialectical method made it possible to consider information support as a complex legal phenomenon in the search for opposites of the essence, elements, and features in their interconnection. The structural and functional method was used to establish the components of information support and the relationship between them. The formal and logical method enabled to formulate concepts and identify areas of information support for combating criminal offences by the SBGSU. To formulate proposals for improving information support for combating criminal offences, the forecasting method was used. Within the article: the essence of information support is clarified; the information support of criminological monitoring is studied; the possibilities of risk analysis as a component of information support of criminological monitoring are analysed; information support for combating criminal offences based on open data is considered; the prospects for using artificial intelligence are studied, and promising directions for information support for combating criminal offences by the State Border Guard Service of Ukraine are proposed.
