Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-3130-3.ch010
K. Miller
The challenge presented is an age when some decisions are made by humans, some are made by AI, and some are made by a combination of AI and humans. For the person refused housing, a phone service, or employment, the experience is the same, but the ability to understand what has happened and obtain a remedy may be very different if the discrimination is attributable to or contributed by an AI system. If we are to preserve the policy intentions of our discrimination, equal opportunity, and human rights laws, we need to understand how discrimination arises in AI systems; how design in AI systems can mitigate such discrimination; and whether our existing laws are adequate to address discrimination in AI. This chapter endeavours to provide this understanding. In doing so, it focuses on narrow but advanced forms of artificial intelligence, such as natural language processing, facial recognition, and cognitive neural networks.
{"title":"A Matter of Perspective","authors":"K. Miller","doi":"10.4018/978-1-7998-3130-3.ch010","DOIUrl":"https://doi.org/10.4018/978-1-7998-3130-3.ch010","url":null,"abstract":"The challenge presented is an age when some decisions are made by humans, some are made by AI, and some are made by a combination of AI and humans. For the person refused housing, a phone service, or employment, the experience is the same, but the ability to understand what has happened and obtain a remedy may be very different if the discrimination is attributable to or contributed by an AI system. If we are to preserve the policy intentions of our discrimination, equal opportunity, and human rights laws, we need to understand how discrimination arises in AI systems; how design in AI systems can mitigate such discrimination; and whether our existing laws are adequate to address discrimination in AI. This chapter endeavours to provide this understanding. In doing so, it focuses on narrow but advanced forms of artificial intelligence, such as natural language processing, facial recognition, and cognitive neural networks.","PeriodicalId":231448,"journal":{"name":"Legal Regulations, Implications, and Issues Surrounding Digital Data","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114324099","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}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-3130-3.ch005
Brendan Walker-Munro
This chapter provides a thematic analysis for the Australian context of the legality and challenges to the use of big data analytics to identify risk, conduct compliance action, and make decisions within the tax administration space. Recent federal court jurisprudence and research is discussed to identify common themes (i.e., privacy/opacity, inaccuracy/bias, and fairness/due process) currently influencing the legal treatment of big data analytics within the tax administration and compliance environment in Australia.
{"title":"Use of Big Data Analytics by Tax Authorities","authors":"Brendan Walker-Munro","doi":"10.4018/978-1-7998-3130-3.ch005","DOIUrl":"https://doi.org/10.4018/978-1-7998-3130-3.ch005","url":null,"abstract":"This chapter provides a thematic analysis for the Australian context of the legality and challenges to the use of big data analytics to identify risk, conduct compliance action, and make decisions within the tax administration space. Recent federal court jurisprudence and research is discussed to identify common themes (i.e., privacy/opacity, inaccuracy/bias, and fairness/due process) currently influencing the legal treatment of big data analytics within the tax administration and compliance environment in Australia.","PeriodicalId":231448,"journal":{"name":"Legal Regulations, Implications, and Issues Surrounding Digital Data","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115420631","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}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-3130-3.ch007
M. Laubscher, Muhammed Siraaj Khan
When Nick Szabo pioneered the idea of a smart contract in the 1990s, the economic and communications infrastructure available at that time could not and did not support the protocols needed to execute and apply smart contracts. While smart contracts may be viewed as an example of the use of blockchain and blockchain technology which offers great opportunities to the field of law; others are more sceptical. The use of smart contracts in law is anything but straightforward, but this should not deter jurists from investigating the opportunities this instrument offers. This chapter aims to provide an overview of smart contacts, explaining how they work, the ways they differ from written contracts, their legal status, and the advantages and disadvantages associated with using them. Finally, it identifies the main challenges facing businesses and the legal profession with regard to the expanding use of smart contacts.
{"title":"Smart Contracts","authors":"M. Laubscher, Muhammed Siraaj Khan","doi":"10.4018/978-1-7998-3130-3.ch007","DOIUrl":"https://doi.org/10.4018/978-1-7998-3130-3.ch007","url":null,"abstract":"When Nick Szabo pioneered the idea of a smart contract in the 1990s, the economic and communications infrastructure available at that time could not and did not support the protocols needed to execute and apply smart contracts. While smart contracts may be viewed as an example of the use of blockchain and blockchain technology which offers great opportunities to the field of law; others are more sceptical. The use of smart contracts in law is anything but straightforward, but this should not deter jurists from investigating the opportunities this instrument offers. This chapter aims to provide an overview of smart contacts, explaining how they work, the ways they differ from written contracts, their legal status, and the advantages and disadvantages associated with using them. Finally, it identifies the main challenges facing businesses and the legal profession with regard to the expanding use of smart contacts.","PeriodicalId":231448,"journal":{"name":"Legal Regulations, Implications, and Issues Surrounding Digital Data","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114852521","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}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-3130-3.ch008
Migle Laukyte
More and more often legal scholars notice that developments in robotics are becoming increasingly relevant from a legal point of view. This chapter critically assesses the current debate in the regulation of artificial intelligence (AI)-based robotics, whose scope should be seen as part of a wider debate that concerns AI. Indeed, what interests legal scholars are those robots that are able to act autonomously and intelligently, that is, robots embedded with AI. The chapter looks at such robots from the twofold perspective: on the one hand, robot as a product (and therefore the chapter refers to consumer protection) and, on the other hand, robot as entity (and therefore it addresses robot rights). The chapter also includes a brief overview of some of the initiatives to regulate AI and robotics interpreting the nuances so as to extract some ideas on national priorities in this regard.
{"title":"Robots","authors":"Migle Laukyte","doi":"10.4018/978-1-7998-3130-3.ch008","DOIUrl":"https://doi.org/10.4018/978-1-7998-3130-3.ch008","url":null,"abstract":"More and more often legal scholars notice that developments in robotics are becoming increasingly relevant from a legal point of view. This chapter critically assesses the current debate in the regulation of artificial intelligence (AI)-based robotics, whose scope should be seen as part of a wider debate that concerns AI. Indeed, what interests legal scholars are those robots that are able to act autonomously and intelligently, that is, robots embedded with AI. The chapter looks at such robots from the twofold perspective: on the one hand, robot as a product (and therefore the chapter refers to consumer protection) and, on the other hand, robot as entity (and therefore it addresses robot rights). The chapter also includes a brief overview of some of the initiatives to regulate AI and robotics interpreting the nuances so as to extract some ideas on national priorities in this regard.","PeriodicalId":231448,"journal":{"name":"Legal Regulations, Implications, and Issues Surrounding Digital Data","volume":"192 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115294245","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}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-3130-3.ch009
Margaret A. Jackson
Artificial intelligence (AI) is already being used in many different sectors and industries globally. These areas include government (help desks, sending demand letters), health (predicative diagnosis), law (predicative policing and sentencing), education (facial recognition), finance (for share trading), advertising (social media), retail (recommendations), transport (drones), smart services (like electricity meters), and so on. At this stage, the AI in use or being proposed is ‘narrow' AI and not ‘general' AI, which means that it has been designed for a specific purpose, say, to advise on sentencing levels or to select potential candidates for interview, rather than being designed to learn and do new things, like a human. The question we need to explore is not whether regulation of AI is needed but how such regulation can be achieved. This chapter examines which existing regulations can apply to AI, which will need to be amended, and which areas might need new regulation to be introduced. Both national and international regulation will be discussed; Australia is the main focus.
{"title":"Regulating AI","authors":"Margaret A. Jackson","doi":"10.4018/978-1-7998-3130-3.ch009","DOIUrl":"https://doi.org/10.4018/978-1-7998-3130-3.ch009","url":null,"abstract":"Artificial intelligence (AI) is already being used in many different sectors and industries globally. These areas include government (help desks, sending demand letters), health (predicative diagnosis), law (predicative policing and sentencing), education (facial recognition), finance (for share trading), advertising (social media), retail (recommendations), transport (drones), smart services (like electricity meters), and so on. At this stage, the AI in use or being proposed is ‘narrow' AI and not ‘general' AI, which means that it has been designed for a specific purpose, say, to advise on sentencing levels or to select potential candidates for interview, rather than being designed to learn and do new things, like a human. The question we need to explore is not whether regulation of AI is needed but how such regulation can be achieved. This chapter examines which existing regulations can apply to AI, which will need to be amended, and which areas might need new regulation to be introduced. Both national and international regulation will be discussed; Australia is the main focus.","PeriodicalId":231448,"journal":{"name":"Legal Regulations, Implications, and Issues Surrounding Digital Data","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126705444","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}
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