Artificial Intelligence Assets and Criminal Law

 

Artificial Intelligence Assets and Criminal Law

 

criminal law and AI stock ile ilgili görsel sonucu

 

Hakan Aksoy

PhD Student

Istanbul University

2021

 

 

 

 

Abstract

 

“With the development of technology, artificial intelligence assets have started to be used in almost every area of our daily lives. It is anticipated that these assets, which are now available to people service and make their jobs easier, will achieve human status and do some professions in the future. These developments also bring some legal and criminal questions. What are the legal status of artificial intelligence assets, who will have criminal responsibility for crimes that arise due to their use, and what is their role in criminal proceedings are among the questions to be answered. The purpose of this study is to make an assessment on these questions with existing legal regulations. The methodology of the study is carried out as a literature review. As a result of the study, it has been concluded that artificial intelligence assets are in the status of ‘property’, cannot be held responsible for crimes due to their use, and cannot be replaced by the subjects (judges, prosecutors, lawyers) of the proceedings, although they have important contributions to the criminal proceedings. In this context, existing legal regulations are sufficient to solve the problems that will arise. However, if artificial intelligence assets acquire ‘human’ status as a fully autonomous and conscious entity, radical changes will be required in our legal system.”

 

You

can find original paper from the link below:

https://dergipark.org.tr/en/download/article-file/1293489

 

Is Turkish Copyright Law Ready to Protect Works Generated by Artificial Intelligence?

Is Turkish Copyright Law Ready to Protect Works Generated by

Artificial Intelligence?

 

Image for post

 

 

 

Dr. Hasan Kadir YILMAZTEKİN

Türkiye Adalet Akademisi

GSÜHFD, 2020; 2: 1513-1586

 

 

 

 

 

 

Portreit generated via AI by Mario Klingemann

 

 

Abstract

 

“Artificial intelligence (“AI”) nowadays immensely and importantly infiltrates our lives. From Apple’s Siri to Tesla’s auto-driving car and Amazon’s Alexa, we live in a world of AI goods.

The advent of AI-powered technologies increasingly affects people‟s life across the globe. With its technological advances, AI also shapes our economy and welfare.

Current AI Technologies can produce many works that might be subject of copyright law. An AI device’s ability to generate works raises the question of who will own the intellectual property rights over those works. Will it be the author who hires or contracts with the AI device programmer? Will it be the programmer? Or will it be the AI device itself? Or will it be a joint work?

In this article, we seek answers to these questions under European Union (EU), United States of America (US), United Kingdom (UK) laws and more comprehensively under Turkish law. In short, this study makes policy proposals for Turkish copyright law. It particularly offers a proposal of a solution based on a three-step test to single out the human authors(s) from the relevant actors around the AI device and model legal norms for AI-generated works.

 

 

You can reach original article from the link below:

https://dosya.gsu.edu.tr/docs/hukukfakultesi/tr/fakultedergisi/GSUHFD-2020-2.pdf

Click to access GSUHFD-2020-2.pdf

 

The European Code of Ethics on the Use of Artificial Intelligence in Jurisdictions 

 

The European Code of Ethics on the Use of Artificial Intelligence in Jurisdictions 

 

global network artificial intelligence ethics

 

Gizem YILMAZ

Marmara Avrupa Araştırmaları Dergisi

Vol 28, No 1

2020

 

 

 

Abstract

 

Artificial intelligence, which is included in many technologies we use today, serves the justice system by facilitating the work of the judicial organs thanks to the analysis, storage and connections between the systems. Especially in the United States and China, it is seen that legal counseling services are provided with lawyer robots and artificial intelligence software with the ability to make decisions is developed. Increasing the powers of artificial intelligence and the widespread use of it also lead to questioning its reliability and discussing the risks it carries. So that, even the issue of who/what will be the responsibility for the compensation of damages caused by artificial intelligence software requires new acceptance in legal systems alone. In this new society model in which artificial intelligence is included in our lives, legal rules will be regulated within the framework of ethical rules to be adopted. In this sense, the European Union, which has taken an important step to establish ethical principles between artificial intelligence and human rights and to use artificial intelligence in judicial systems, has first created a Declaration of Cooperation to determine the rules that artificial intelligence technologies will follow while serving the judiciary in the legal world and then “human-oriented ethics” with the understanding of Artificial Intelligence has published the Ethical Charter. These two basic texts are of particular importance, as they will shed light on future artificial intelligence studies in the European Union.

 

 

You can reach original article from the link below:

https://avrupa.marmara.edu.tr/dosya/avrupa/mjes%20arsiv/vol%2028_1/2_Gizem_Yilmaz.pdf

 

Sociological Imagination; Artificial Intelligence and Alan Turing

 

Sociological Imagination: Artificial Intelligence and Alan Turing

 

Çağatay Topal

DTCF Press, 2017

 

Abstract

“C. Wright Mills views sociological imagination as the ability to relate the most intimate to the most impersonal. There are essential linkages between personal troubles and social issues. The sociologist should be able to trace the linkages between biographies and histories. Sociological imagination necessitates sensibility, commitment and responsibility since sociology is a practice of life as well as a practice of work. Sociology is, then, a practice that potentially everyone can perform. The crucial condition is the existence of sociological imagination and sensibility. This sensibility indicates the capacity to picture a social imaginary, however broad or limited. This paper traces the sociological imagination of Alan Turing, who is often considered as the founder of modern computing technology. The history of Turing’s scientific endeavours follows (and is followed by) his biography, revealing the strong linkages between his life and work. Turing’s sensible, committed and responsible attitude is clear in several cases. This paper focuses on the case of artificial intelligence in order to assess Turing’s sociological imagination. The paper claims that Alan Turing has the sensibility and imagination to picture a social imaginary. In order to analyse Turing’s imagination in the example of artificial intelligence, the paper refers to three faces of sociological imagination of Mills: (1) emphasis on the relation between the most intimate and the most impersonal; (2)
developing new sensibilities and new spaces of sensibility; (3) imagining a social picture. By referring to these three faces, the paper analyses the biography of Turing, his mathematical but also sociological imagination, and artificial intelligence as the product of this imagination; and again through artificial intelligence, it further aims to demonstrate the different possibilities in C. W. Mills’ concept of sociological imagination.”

 

You can find original and full article from the link below:

AI Governance in the Public Sector

 

AI Governance in the Public Sector:

Three tales from the frontiers of automated decision-making in democratic settings

 

Author links open overlay pane

 

Maciej Kuziemski, Berkman Klein Center for Internet and Society, Harvard University

GianlucaMisuraca, European Commission, Joint Research Centre, Digital Economy Unit

April 2020

 

 

 

Abstract

“The rush to understand new socio-economic contexts created by the wide adoption of AI is justified by its far-ranging consequences, spanning almost every walk of life. Yet, the public sector’s predicament is a tragic double bind: its obligations to protect citizens from potential algorithmic harms are at odds with the temptation to increase its own efficiency – or in other words – to govern algorithms, while governing by algorithms. Whether such dual role is even possible, has been a matter of debate, the challenge stemming from algorithms’ intrinsic properties, that make them distinct from other digital solutions, long embraced by the governments, create externalities that rule-based programming lacks. As the pressures to deploy automated decision making systems in the public sector become prevalent, this paper aims to examine how the use of AI in the public sector in relation to existing data governance regimes and national regulatory practices can be intensifying existing power asymmetries. To this end, investigating the legal and policy instruments associated with the use of AI for strenghtening the immigration process control system in Canada; “optimising” the employment services” in Poland, and personalising the digital service experience in Finland, the paper advocates for the need of a common framework to evaluate the potential impact of the use of AI in the public sector. In this regard, it discusses the specific effects of automated decision support systems on public services and the growing expectations for governments to play a more prevalent role in the digital society and to ensure that the potential of technology is harnessed, while negative effects are controlled and possibly avoided. This is of particular importance in light of the current COVID-19 emergency crisis where AI and the underpinning regulatory framework of data ecosystems, have become crucial policy issues as more and more innovations are based on large scale data collections from digital devices, and the real-time accessibility of information and services, contact and relationships between institutions and citizens could strengthen – or undermine – trust in governance systems and democracy.”

 

You can find original paper from the link below:

https://ec.europa.eu/jrc/en/publication/ai-governance-public-sector-three-tales-frontiers-automated-decision-making-democratic-settings

The Role and Future of Artificial Intelligence in Criminal Procedure Law

 

The Role and Future of Artificial Intelligence in Criminal Procedure Law

 

 

 

Dr. Zafer İçer, Marmara University Law Faculty

Research Asst. Başak Buluz, Gebze Technical Universty Engineering Faculty

 

 

 

Abstract

Since the beginning of the present century, innovative technologies have evolved with unprecedented speed; cyber-physical systems and the innovations which produced through the internet linking these systems have created technological era. One of the most important subjects of the digital era is “artificial intelligence systems” what called the catalyzer of industrial digital transformation of course. Artificial intelligence systems are interact with many different disciplines and that touch humanity and everyday life at any point from driveless cars to virtual assistants, from smart home products to industrial automation; and in recent years, as in all legal fields, it has began to take its place in Criminal Procedure. In various countries, intelligent digital assistants have been actively used to identify and analyze concrete legal conflicts and predict the possible consequences of the lawsuits to be opened and artificial intelligence platforms are being used in subjects such as legal analysis and evidence evaluation. Undoubtedly, the common goal of these systems is to provide fast, efficient and accurate solutions in this area. On the other hand, in the near future, robotic systems are likely to become the subjects of judging and they may have important roles in decision-making processes as robot judges, prosecutors and lawyers. In this study, the role and future of these intelligent systems in criminal proceedings will be discussed with a scientific perspective in light of current examples and possible developments by referring to technical aspects of artificial learning and artificial intelligence.”

 

You can find original and full paper from the link below:

Law and Artificial Intelligence: E-Person, Liability, and A Legal Application Example

 

Law and Artificial Intelligence: E-Person, Liability, and A Legal Application Example

 

How artificial intelligence is transforming the world - Axiom Groupe

Prof. Dr. Zafer ZEYTİN

Turkish-German University, Law Faculty

Dr. Eray GENÇAY

Tübingen University, Department of Computer Science

2019

 

 

Abstract

“Nowadays artificial intelligence is used in many fields such as city planning, production, automation, medicine and security. In legal field, artificial intelligence research is making progress since 30 years. Nevertheless, many questions about the implementation are still open. The interaction between artificial intelligence and law is examined on two levels in this study. Firstly, it is discussed whether artificial intelligence systems can be a legal subject, and if so, what could be the consequences and implications. Secondly, it is discussed how law as a discipline can be supported with artificial intelligence systems. An example is put forward as to how such systems can be designed to be implemented in marital property regimes.”

 

You can find original and full paper below:

Emergent Medical Data: Health Information Inferred by Artificial Intelligence

Emergent Medical Data: Health Information Inferred by Artificial Intelligence

 

Mason Marks

Gonzaga University  

School of Law

2020

 

 

Abstract

“Artificial intelligence can infer health data from people’s behavior even when their behavior has no apparent connection to their health. AI can analyze social media to track the spread of infectious disease outbreaks, scrutinize retail purchases to identify pregnant customers, and track people’s movements to predict who might attempt suicide. These feats are possible because in modern societies, people continuously interact with internet-enabled devices in homes, workplaces, schools, and public spaces, and these devices are increasingly designed for surveillance. Smart phones track people’s whereabouts, wearables monitor their physical activity, smart speakers record their voices, and surveillance cameras observe their facial expressions. Continuous daily exposure to these devices produces millions of digital traces, the electronic remnants of people’s interactions with technology.

Digital traces provide insight into who we are, what we have done, and what we might do. However, in their raw form, they are rarely very interesting or useful; one’s retail purchases and internet browsing habits are relatively mundane pieces of information. Before scientists, corporations, and government agencies can profit from them, they must transform those traces to enhance their value. Transforming digital traces into health information is called mining for emergent medical data (EMD) because, through analysis with AI, the connections between digital traces and people’s health emerge unexpectedly, as if by magic.

This Article argues that EMD should be viewed as a new type of health information, distinct from traditional medical data (TMD), which is transmitted voluntarily from patients to healthcare providers. It describes how EMD-based profiling and predictions are increasingly promoted as solutions to public health problems such as the opioid crisis, rising rates of suicide, and the high prevalence of gun violence. However, there is little evidence to show that EMD-based profiling works. Even worse, it can cause significant harm, and current health privacy and data protection laws contain loopholes that allow public and private entities to mine EMD without people’s knowledge or consent.

After describing the EMD mining process, and the benefits and risks of EMD, the Article proposes six different ways of conceptualizing this emerging technology. It concludes with preliminary recommendations for effective regulation. Potential options include banning or restricting the collection of digital traces, regulating EMD mining algorithms and limiting which entities can use them, restricting how EMD can be used once it is produced, and requiring ethics board approval for EMD mining research.”

 

You can reach original article from the link below:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3554118

Robots, Artificial Intelligence and Criminal Law

 

Robots, Artificial Intelligence and Criminal Law

 

 

 

Dr. Sinan Altunç

Bahçeşehir University, Law Faculty, Departmant of Criminal Law 

 

 

 

 

Introduction

English translation is soonish! 🙂

 

 

You can reach original and full article from the link below:

https://www.researchgate.net/publication/336406393_Robotlar_Yapay_Zeka_ve_Ceza_Hukuku

Patenting the Inventions of Artificial Intelligence

 

Patenting the Inventions of Artificial Intelligence

 

 

 

 

Armağan Ebru BOZKURT YÜKSEL

Dokuz Eylül University

2018

 

 

 

Abstract

“Today, news about developments in the technological area, especially robots, unmanned aerial vehicles, unmanned automobiles, cloud computing, Internet of things and artificial intelligence, are frequently on the agenda. It is obvius that artificial intelligence, which is one of these technological developments, will cause major changes in our everyday lives and, of course, in legal regulations. It is anticipated that it will affect the regulations related to medical law, civil law, criminal law, liability law in time. One of the areas that artificial intelligence is going to influence is the area of regulations on intellectual property rights. It is a complicated problem that must be resolved about who should be the owner of the patent for the inventions that have made by artificial intelligence. In this study, firstly, artificial intelligence is explained, and then, it has been given place to the debates who will be the inventor of the artificial intelligence generated inventions. Finally, it has been tried to refer to what kind of regulations should be done in patent law area with a futuristic view.”

 

You can find the original and full article from the link below:

https://dergipark.org.tr/tr/download/article-file/495005

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