Том 5, № 2 (2024)
Искусственный интеллект и право
Legal Horizons of the New Artificial Intelligence Paradigm
Аннотация
Modern society is undergoing a structural transformation of the world economy. This is as a result of the transition to a new technological base through the introduction of artificial intelligence, cutting-edge information and communication technology, energy technology, biotechnology and nanotechnology. Artificial intelligence has the ability to significantly change the economy and social relations in society, and its newly discovered capabilities are transformational and global in nature. At the same time, the extraordinary capabilities of artificial intelligence technologies involve risks that can threaten stability and undermine human values. In order to eliminate possible threats and risks and mitigate potential dangers, it is crucial to develop systemic legal measures and ways to regulate AI technologies and models on a national and international scale and to define the legal status of AI, which must include protection of humans from the uncontrolled influence of AI and the inviolability of guarantees of human rights and freedoms. With this in mind, and in order to mitigate potential dangers and ensure the controllability and sustainability of AI technologies based on the concept of trusted (responsible) AI, it is necessary to agree on universal international guidelines for the development and application of AI technologies and models. Furthermore, it is necessary to create a universal code of conduct for AI developers, who together can create a basis for a uniform framework of legal regulation within the national legislation of each country on the principles of human rights protection, privacy and data protection, transparency and explainability, fairness, accountability and safety of artificial intelligence, adequate human oversight and ethical standards for the creation and application of AI models.
Legal Issues in the digital Age. 2024;5(2):4-35
4-35
Progress in Natural Language Processing Technologies: Regulating Quality and Accessibility of Training Data
Аннотация
Progress in natural language processing technologies (NLP) is a cardinal factor of major socioeconomic importance behind innovative digital products. However, inadequate legal regulation of quality and accessibility of training data is a major obstacle to this technological development. The paper is focused on regulatory issues affecting the quality and accessibility of data needed for language model training. In analyzing the normative barriers and proposing ways to remove them, the author of the paper argues for the need to develop a comprehensive regulatory system designed to ensure sustainable development of the technology.
Legal Issues in the digital Age. 2024;5(2):36-56
36-56
IT, INDUSTRIES, LAW: TELEMEDICINE
The Use of AI in Medicine: Health Data, Privacy Risks and More
Аннотация
In the era of advancements in artificial intelligence (AI) and machine learning, the healthcare industry has become one of the major areas where such technologies are being actively adopted and utilized. The global health care sector generated more than 2.3 zettabytes of data worldwide in 2020. Analysts estimate that the global market for artificial intelligence (AI) in medicine will grow to $13 billion by 2025, with a significant increase in newly established companies. Artificial intelligence in medicine is used to predict, detect and diagnose various diseases and pathologies. The sources of data can be various results of medical research (EEG, X-ray images, laboratory tests, e.g. tissues, etc.). At the same time, there are understandable concerns that AI will undermine the patient-provider relationship, contribute to the deskilling of providers, undermine transparency, misdiagnose or inappropriately treat because of errors within AI decision-making that are hard to detect, exacerbate existing racial or societal biases, or introduce algorithmic bias that will be hard to detect. Traditional research methods, general and special ones, with an emphasis on the comparative legal method, were chosen. For the AI to work it needs to be trained, and it’s learning from all sorts of information given to it. The main part of the information on which AI is trained is health data, which is sensitive personal data. The fact that personal data is qualified as sensitive personal data indicates the significance of the information contained, the high risks in case it’s leaking, and hence the need for stricter control and regulation. The article offers a detailed exploration of the legal implications of AI in medicine, highlighting existing challenges, the current state of regulation, and proposes future perspectives and recommendations for legislation adapted to the era of medical AI. Given the above, the study is divided into three parts: international framework, that will focus primarily on applicable WHO documents; risks and possible ways to minimize them, where the authors have tried to consider various issues related to the use of AI in medicine and find options to address them; and relevant case-study.
Legal Issues in the digital Age. 2024;5(2):57-79
57-79
The French Telemedicine System: Challenges, Procedures and Difficulties
Аннотация
In France, telemedicine has been developing rapidly for several years, in response to economic, technical and legal challenges. The aim of the article is to present the broad outlines of the system that has been put in place, from a number of angles. The first deals with the problems to which telemedicine is proposed as a response. These problems are essentially what are known as “medical deserts”. Telemedicine is presented as a tool for compensating for the absence or shortage of healthcare professionals in a given area. This system would then promote reliable access to healthcare for the population. While this is a laudable objective, a more detailed analysis casts doubt on whether this result will be achieved. The second angle of this reflection concerns the conditions and procedures for implementing telemedicine. This involves looking at the players involved in order to determine what type of person can be mobilized, in terms of both the type of healthcare professional involved and the type of patient concerned. It is also a question of determining where a telemedicine procedure should be carried out, which shows the diversity of possibilities: where can the booths be set up and, more generally, where should the patient be on this occasion? The third and final angle of this contribution deals with the question of the risks that the practice of telemedicine may generate for patients over and above the benefits that can be imagined.
Legal Issues in the digital Age. 2024;5(2):80-96
80-96
IT, INDUSTRIES, LAW: MEDIA
Regulating Digital Era: A Comparative Analysis of Policy Perspectives on Media Entertainment
Аннотация
The rapid proliferation of digital media platforms has democratized content creation and distribution, enabling a vast spectrum of voices to be heard. It has brought about a significant shift in media entertainment landscapes worldwide, with India being a prominent case study due to its vast and diverse content consumption patterns. The massive content on the Internet has also raised concerns regarding misinformation, copyright infringement, and cultural sensitivity. Therefore, in the context of media entertainment, the regulation of the digital era presents a vast complex array of challenges for policymakers. Thereby, it analyzes the regulatory challenges and policy perspectives; addressing how India is navigating the complexities introduced by digital technologies. The study outlines India’s current regulatory framework including legislative measures. Apart from this, the paper contains exploration of challenges of balancing free speech with societal norms in a country characterized by its cultural pluralism. The authors of the article argue that rational regulation is able to help to prevent the spread of misinformation, protect national security, and ensure privacy. It can play a pivotal role in promoting national integration by fostering unity, preventing communal tensions, and ensuring equal representation. To achieve the objectives, the paper analyzes three case studies — Swami Ramdev v. Facebook, Inc.* (2019), the Tandav Controversy (2021), and the Tiktok ban for privacy and security concerns (2020). In the later section, the authors analyze and compare the regulatory framework of different states including India, the United States, European countries, Australia, and China. In the end, the paper summarizes the need for changes in the regulatory framework and also recommends policy measures that may be implemented to safeguard the consumers’ interest, preserve cultural values, and ensure the integrity of content.
Legal Issues in the digital Age. 2024;5(2):97-112
97-112
Электронное государство
Technologies Versus Justice: Challenges of AI Regulation in the Judicial System
Аннотация
The article examines issues of using artificial intelligence in such a sensitive area of human activity as justice. The authors refer to numerous facts on attempts to create a kind of “smart court” in various countries. At the same time, these attempts run up against circumstances that indicate the need to establish legal restrictions on the use of artificial intelligence in the administration of justice. Moreover, according to the authors’ reasoned conviction, there are areas in which the robot judge turns out to be powerless to replace human intelligence. Based on the philosophical and legal approach to assessing such a phenomenon as digitalization and the phenomenology of legal judgment, the authors conclude that the adoption of a court decision that meets the requirements of the principle of justice is something beyond the reach of artificial intelligence. Such a decision can only be made by a human judge, but not by a robot. AI systems in the judicial system should support rather than supersede judges.
Legal Issues in the digital Age. 2024;5(2):113-126
113-126
Digitizing Law-Making at Federal Executive Agencies
Аннотация
With digital technologies gaining ground in all spheres of life across the world, the digitization is becoming especially relevant, only to require in-depth technical and legal analysis. Current digital development of public administration in Russia calls for a change of approach to drafting and adoption of regulations. Today’s technologies are expected not only to make sure that regulation is timely and complete, but that it is as efficient as possible in view of an enormous and ever growing number of tasks, as well as non-controversial and comfortable for all those involved in the law-making process. Annually the Justice Ministry and its territorial offices receive about 1 million draft regulations for anti-corruption and legal review and state registration at the relevant level. It is exactly for this reason that this paper purports to conduct a comprehensive analysis of digitization processes affecting law-making at federal executive agencies using the example of the state information system “National shared environment for collaboration between the parties to the law-making process” (SIS Normotvorchestvo) and to identify operational problems. The study aims to explore the current operational status of the system, analyze issues and constraints related to digitization of law-making, identify potential advantages and benefits to be gained via digitization, and to discuss further prospects. The methodological basis of the research includes formal legal method of inquiry as well as logical method allowing to present findings and draw conclusions; methods of analysis and synthesis; comparative legal method.
Legal Issues in the digital Age. 2024;5(2):127-147
127-147
Review
Digital Platforms in the Focus of National Law
Аннотация
The paper contains an overview of the research workshop Digital platforms: new environment for collaboration at the Institute of Legislation and Comparative Law under the Federal Government (ILCL) on 23 April 2024, and findings of the expert survey Digital platforms in the focus of national law. Presentations by participants were systematized by the authors of the overview around the most relevant subjects related to digital platform operations: general issues of digital platform regulation; digital platforms’ impact on human rights; digital platforms in public administration; digital platforms in private law, criminal law and specific branches. The workshop was attended by researchers representing the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics, Moscow State University, Russian Academy of National Economy and Public Administration under the President of Russia, Plekhanov Russian University of Economics, Orenburg State University, Siberian Federal University, Gubkin Russian State University of Oil and Gas, Saint Petersburg University of the Interior Ministry, MTS Joint-Stock Company, etc. Legal themes under discussion included the legal nature of digital platforms; digital platforms’ impact on the economy, public administration, human rights and the underlying changes to their amount and content; associated risks; digital platforms and anti-trust regulation; networking effect of digital platforms; labor relations and platform employment; labor right protection and digital platforms; dangers of discrimination related to digital platforms.
Legal Issues in the digital Age. 2024;5(2):148-169
148-169