- Research Article
9
- 10.21564/2663-5704.49.229779
LAW IN DIGITAL REALITY
- May 26, 2021
- The Bulletin of Yaroslav Mudryi National Law University. Series:Philosophy, philosophies of law, political science, sociology
- Zhanna Pavlenko
LAW IN DIGITAL REALITY
The paper discusses the use of artificial intelligence technology in legal activities. The author examines the problem of differentiating between weak and strong artificial intelligence. Attention is focused on the possibility of creating a superintelligence in the future, which already creates the need for scientists to pay close attention to the issues of introducing a system of ethical values into artificial intelligence. The paper highlights the problems of creating datasets necessary for training neural networks intended for the use in legal practice, as well as their quality. The author analyzes specific examples of the use of artificial intelligence systems in domestic and foreign legal practice. The author also justifies the possibility of considering the use of artificial intelligence as a separate type of legal technology. It is concluded that despite the large number of developments successfully used in legal practice based on artificial intelligence systems, they are all examples of weak artificial intelligence and act only as a means of increasing the efficiency of a lawyer, but do not replace it. The future of legal activities will be associated with an effective combination of artificial intelligence functionality and creative expert professional skills of a lawyer.
LAW IN DIGITAL REALITY
LAW IN DIGITAL REALITY
Real-Time AI Systems for Monitoring Cancer Treatment Responses
Real-time cancer therapy success is what determines customising medicines, enhancing patient results, and lowering of unwanted side effects. This monitoring shapes the evolution of cancer therapy. The use of artificial intelligence (AI) in this field might result in a clear shift in the course of evolution of objects. This allows one to continuously and precisely monitor patient reaction to treatment. The purpose of this project is research on the many uses of artificial intelligence systems in the area of cancer therapy. More particularly, it underlines how they may combine imaging, genomic, and clinical records—among other types of data—to provide real-time information on the efficacy of these treatments. Artificial intelligence driven models—such as convolutional neural networks (CNNs) for image processing and natural language processing (NLP) for unorganised clinical data—allow one to find signals and patterns otherwise difficultly detected. These systems utilise adaptable algorithms able to learn from long-term data on people to project patient responses to treatments like immunotherapy, chemotherapy, and targeted drugs. This is made feasible by these systems' capacity to generate these predictions. Apart from improving the quality and speed of the information, the integration of intelligent devices collecting real-time biological data helps as well. We are highlighting how important it is for the many artificial intelligence technologies to cooperate, be scalable, and be used in a way fit for the architecture we have suggested. Real-time feedback loops enable oncologists to remain current with the most recent data, therefore enabling early intervention and customised treatment plan change. Case studies have shown how effectively these algorithms spot early indicators of treatment resistance and simplify the selection of which drugs to modify. Making use of real-time artificial intelligence systems presents some difficulties. Among these issues are concerns about data privacy, government rules must be strong, and unequal access to new technology in the healthcare industry. Resolving these problems will assist to ensure that cancer monitoring powered by artificial intelligence operates well and is deployed everywhere.
Read moreArtificial intelligence and administrative (control) activities of public authorities: European view
The article is devoted to the study of the phenomenon of rapid transformation of the world, which is artificial intelligence (AI). It is noted that the aforementioned is due to the ability of AI to accelerate innovation, change economic processes, influence the ways in which people interact with technology, and open up new prospects for the development of humanity. It is noted that in recent years, unprecedented rates of AI implementation have been observed in key areas of life, which allows for significant changes in the labor market, scientific research, social communications, global security and the economy. Attention is focused on the successful implementation of AI in the military sphere, which in the current conditions of an undeclared war against the Russian Federation is extremely important, since this helps to properly ensure national security. Examples of the use of AI in various spheres of life in Ukraine are given, including public management, administration, and control, which helps to perform complex tasks and make decisions based on data analysis, and such use of AI will become increasingly widespread and significant. The integration of AI into public administration, in particular, will help to analyze regulatory and legal acts and translate European legislation. It is very important that digital expertise of regulatory and legal acts will be carried out thanks to AI tools. And in the future, of course, all these solutions can be scaled for the work of the government as a whole. Digital technologies, especially AI, are the future of digital governments. Ukraine has already established itself as a powerful player in the field of technology, and is now taking other important steps in the development of artificial intelligence. At the same time, attention is drawn to the fact that, along with the above-mentioned positive aspects of AI, concerns have been expressed in the world about the existence of a danger of the introduction of AI, the emergence of a potentially catastrophic risk for humanity. This is confirmed by the signing of the Bletchley declaration (November 1–2, 2023, Great Britain) on the first day of the Artificial Intelligence Security Summit organized by the British government, according to which countries agreed to work together on AI security research. It was emphasized that the summit participants focused on the need for appropriate international efforts to study and address the potential impact of AI systems, as well as recognizing that the protection of human rights, transparency and clarity, fairness, accountability, regulation, safety, appropriate public oversight, ethics, bias mitigation, privacy and data protection require urgent attention. It is noted that the above requires appropriate knowledge and consideration of advanced European experience in this area and an appropriate vision of AI. For this purpose, we will analyze the content of the scientific article by Oriol Mir Puigpel “The Impact of the AI Law on Public Authorities and Administrative Procedures”. The said Law (Regulation) will have an impact on automated decision-making by public authorities throughout Europe. In addition, Member States may supplement its provisions with their national acts on administrative procedure, which will positively affect the creation of a regulatory framework and the use of artificial intelligence systems by European public authorities. It is noted that the Law aims to guarantee the free movement of artificial intelligence systems with equal application to entities of different forms of ownership. In this case, public authorities are usually considered “users”. At the same time, they will also be “suppliers” if they develop their own AI systems themselves or purchase an individual AI system. The Law prohibits certain AI systems and imposes numerous obligations on suppliers and, to a lesser extent, on users of high-risk systems, and defines four levels of risk for AI systems. The Law’s impact on EU and Member State public authorities when using or developing AI systems is disclosed, and their respective responsibilities are also defined.
Read moreLegal Mechanisms for Distributing the Responsibility for the Harm Caused by Artificial Intelligence Systems
Objective: to formulate proposals to form a system of subsidiary liability for harm resulting from the use of artificial intelligence systems. Methods: the research is based on a comprehensive methodological basis, including the abstract logical method for theoretical understanding of the legal nature of artificial intelligence as an object of legal regulation; the method of comparison to analyze the Russian and European legislations on tort liability; generalization to systematize the existing concepts of responsibility distribution between subjects of law; and correlation analysis to identify the relationships between the typology of artificial intelligence systems and the mechanisms of legal responsibility for their functioning. Results: the study summarizes and systematizes modern theoretical and legal concepts and regulations of the European Union and the Russian Federation on the distribution of subsidiary responsibility for the adverse effects of artificial intelligence. Potential subjects of responsibility were identified, as well as the key factors influencing the distribution of responsibility between them. A multidimensional matrix was developed for responsibility distribution between the subjects, taking into account their impact on the specific artificial intelligence system functioning and the systems typologization under the risk-based approach. Scientific novelty: for the first time, an original concept is proposed, which combines the differentiation of the subjects’ roles in terms of their real impact on the artificial intelligence results; the differentiation of artificial intelligence systems under the risk-based approach; and the system of legal presumptions of responsibility distribution corresponding to the above two classifications. The novelty lies in the creation of a multidimensional matrix of subsidiary liability, which allows taking into account many factors when determining the subject of responsibility in each specific case of harm caused by artificial intelligence systems, which differs significantly from existing unilateral approaches to this issue. Practical significance: the research conclusions and suggestions can be used to develop the doctrine of subsidiary responsibility in the field of artificial intelligence use, to develop and modify the legal norms regulating artificial intelligence. The proposed multidimensional matrix of responsibility distribution can serve as a theoretical basis for improving judicial practice in cases of compensation for damage caused by artificial intelligence systems, as well as for creating an effective balance between stimulating the development of AI technologies and ensuring the protection of the rights and legitimate interests of individuals and legal entities.
Read moreTHE INTERSECTION BETWEEN ARTIFICIAL INTELLIGENCE AND SUSTAINABILITY: CHALLENGES AND OPPORTUNITIES
The development of the digital revolution facilitates innovative models that generate new markets and business opportunities. The reappearance of artificial intelligence (AI) has created further potentials and types of market participation. AI is understood as a cutting-edge technology and a key driver of the transition of our economy into the digital economy. It is important to recognize and constantly bear in mind that artificial intelligence systems provide certain benefits but are associated with certain risks and potential negative effects. The European Commission, in its Ethical Guidelines for Trustworthy Artificial Intelligence (2019), emphasizes ethical principles and associated values that must be respected in the development, introduction, and use of artificial intelligence systems: respect for human autonomy, prevention of harm, fairness, and explainability. The question arises as to whether the emerging fundamental ethical principles and regulatory policies concerning AI systems require certain adaptations when it comes to the application of AI technology in connection with the sustainable development goals. The development of artificial intelligence systems compatible with the goals of sustainable development, as defined in the 1987 report of the UN Brundtland Commission as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”, is encouraged. Sustainability or sustainable development is defined in the literature as a concept based on three pillars - encompassing social, economic, and environmental aspects. The European Commission highlights that sustainable development is a fundamental principle of the Union Treaty and a priority goal of Union policies, along with digitization and a robust single market. In recent years, doctrine has sought to bridge the gap between the two disciplines by introducing the term “Sustainable AI”. The aim of the paper is to understand the development of AI that is compatible with sustainable goals. To understand this, it is necessary to comprehend the basic concepts of artificial intelligence systems and explore the sociological, ecological, and economic implications of these systems, all with the aim of finding ways to achieve the goals of sustainable development and the sustainability of AI systems themselves. These are closely tied to adhering to the highest ethical principles with the responsible use of artificial intelligence systems.
Read moreChallenges and best practices in corporate AI governance: Lessons from the biopharmaceutical industry
While the use of artificial intelligence (AI) systems promises to bring significant economic and social benefits, it is also coupled with ethical, legal, and technical challenges. Business leaders thus face the question of how to best reap the benefits of automation whilst managing the associated risks. As a first step, many companies have committed themselves to various sets of ethics principles aimed at guiding the design and use of AI systems. So far so good. But how can well-intentioned ethical principles be translated into effective practice? And what challenges await companies that attempt to operationalize AI governance? In this article, we address these questions by drawing on our first-hand experience of shaping and driving the roll-out of AI governance within AstraZeneca, a biopharmaceutical company. The examples we discuss highlight challenges that any organization attempting to operationalize AI governance will have to face. These include questions concerning how to define the material scope of AI governance, how to harmonize standards across decentralized organizations, and how to measure the impact of specific AI governance initiatives. By showcasing how AstraZeneca managed these operational questions, we hope to provide project managers, CIOs, AI practitioners, and data privacy officers responsible for designing and implementing AI governance frameworks within other organizations with generalizable best practices. In essence, companies seeking to operationalize AI governance are encouraged to build on existing policies and governance structures, use pragmatic and action-oriented terminology, focus on risk management in development and procurement, and empower employees through continuous education and change management.
Read moreHow Is Socially Responsible Academic Performance Prediction Possible?
The availability of big data at universities enables the use of artificial intelligence (AI) systems in almost all areas of the institution: from administration to research, to learning and teaching, the use of AI systems is seen as having great potential. One promising area is academic performance prediction (APP), which is expected to provide individual feedback for students, improve their academic performance and ultimately increase graduation rates. However, using an APP system also entails certain risks of discrimination against individual groups of students. Thus, the fairness perceptions of affected students come into focus. To take a closer look at these perceptions, this chapter develops a framework of the “perceived fairness” of an ideal-typical APP system, which asks critical questions about input, throughput and output, and based on the four-dimensional concept of organizational justice, sheds light on potential (un-)fairness perceptions from the students' point of view.
Read moreArtificial Intelligence in Healthcare as a Driver of Sustainable Development: Ethical and Legal Aspects
Given the fact that AI is developing very quickly and penetrating into many areas of public and state life, the issue of its legal regulation is becoming more and more relevant. In this regard, the need to develop the most optimal model of legal, technical and ethical regulation of the use of artificial intelligence becomes obvious. The most " sensitive " for states , and therefore the priority areas for legal regulation are those where the use of AI is associated with the implementation of constitutional human rights and, in particular, the right to medical care. In this study, the use of artificial intelligence systems to provide medical care in Russia will be considered in three aspects: regulatory regulation, technical regulation, and ethical issues. The purpose of the article was to describe the optimal model of economic and legal regulation of the use of artificial intelligence technologies in the implementation of citizens' rights to medical care, as an element of achieving sustainable development goals. The key results of the study were proposals for optimizing legislation in the field of regulatory, technical and ethical regulation of the use of AI in the implementation of citizens' rights to quality medical care.
Read moreArtificial Intelligence from the Point of View of Law
Artificial intelligence technologies are developing intensively today, including due to the development of technologies of stable neural networks and cloud computing infrastructures, fuzzy system technologies, entropy administration, swarm intelligence, evolutionary computations, and many others. etc. At the same time, the problem of almost complete absence of normative legal regulation and normative technical regulation of the foundations, conditions and features of development, functioning and activities, integration into other systems and control over the use of artificial intelligence technologies is global today. The Article is devoted to the study of the specifics of the legal regulation of the use and development of artificial intelligence. Some approaches to the definition of artificial intelligence and the features of legal regulation of this sphere, which take place in the scientific literature, are considered and the author's definition of artificial intelligence is developed and given through the disclosure of its main features. In particular, according to the proposed definition, artificial intelligence is an artificial complex cybernetic computer-software-hardware system possessing the properties of substantivity, autonomy, and also the ability to perceive and analyze data, to self-learn. The question of positioning the artificial intelligence system as a special form of person (for example, the so-called «electronic person»), that is, granting it a certain legal personality depending on various factors and the field of application of such a system, is considered in this article. The article also notes the main possible approaches to legal support for the use and development of artificial intelligence systems, in particular, such approaches include the preemptive universal-total legal regulation and legal regulation aimed at the regulation of specific artificial intelligence systems. The main risks and uncertainties associated with artificial intelligence (and which are of great importance for the adoption of legislation in this field) have been investigated. There are drawn the conclusions about how to develop legislation on the use and development of artificial intelligence: consistently, taking into account the specifics of areas of its application, as well as balancing the interests of individuals, society and the state with regard to proper security and protection of individual rights, and interests related to the development of innovation for the benefit of the whole society.
Read moreKRİMİNALİSTİKA VƏ MƏHKƏMƏ EKSPERTİZASI FƏALİYYƏTİNDƏ SÜNİ İNTELLEKT TEXNOLOGİYALARININ HƏLL EDİLMƏLİ OLAN PROBLEMLƏRİ
The main focus is on studying the prospects and possibilities of using artificial intelligence technology systems in detecting, investigating and preventing crimes. Ensuring the use of artificial intelligence technologies in law enforcement activities should become an urgent task of forensic science. The use of artificial intelligence technologies to predict crimes or illegal behavior of certain individuals, detect a possible criminal, as well as the use of these technologies for forensic purposes are considered promising areas of research. The article reflects the idea that it is impossible to ensure a positive result from the use of digital technologies in forensic activities only through the formulation of theoretical provisions and scientific discussions, despite the lack of large-scale and significant results of applied research in this area. Promising use of artificial intelligence and digital technologies in forensic and law enforcement practice will achieve higher results.
Read moreArtificial intelligence, generative artificial intelligence and research integrity: a hybrid systemic review
Current advances in academic research stem from two main sources: artificial intelligence technologies and the specific field of generative artificial intelligence. However, the ethical use of these technologies and their implications for academic integrity has not been sufficiently investigated. Therefore, this research examines the ethical use of artificial intelligence technologies and Generative Artificial Intelligence in academic research. It focuses on the current field conditions, detection of research trends, and critical gaps. The study uses a combination of bibliometric and thematic content analysis methods to examine the methodological framework of AI, GenAI, and academic integrity from an interdisciplinary perspective. The research reveals that GenAI integration speed has accelerated across all research stages, including academic writing, literature review, data analysis, and hypothesis development. The study also identifies risks such as biased algorithms, plagiarism risk, false information production, and potential damage to academic integrity. The research ethics approaches developed by academic institutions and journals have not reached maturity in the context of AI. Future research on GenAI within academic processes requires forming ethical principles integrated with oversight systems and policy frameworks.
Read moreCyber Laws And Emerging Use Of Artificial Intelligence: View From Sociological Perspectives
Interest in applying sociological tools to analyse the social nature, antecedents and consequences of artificial intelligence (AI) has been rekindled in recent years as a result of the prevalent use of AI technologies in a wide variety of social domains, ranging from education to security, from retail to healthcare, from transport to law enforcement practice. Several legal issues arise as artificial intelligence (AI) becomes more integrated into legal practice and Sociological research. These include questions about accountability for decisions made by AI systems, data protection and privacy concerns, and the potential impact of AI on legal professions. After of amid COVID-19 pandemic impact, cybercrime has become an extremely money-spinning industry. The need for socio-legal professionals to understand the legal frameworks to protect data and prevent cyberattacks is increasing with public awareness of cybersecurity dangers through sociological understanding. Cybercrime today involves a wide range of offences, and the judicial system faces new, unaddressed challenges are still unaddressed.
Read moreOverview of the State of Use of Artificial Intelligence Technologies in Education: Foreign Experience
The relevance of the paper is due to the fact that the use of artificial intelligence (AI) technologies in education is determined by global trends in the digitalization of the learning process and the need to adapt educational systems to contemporary challenges. Foreign experience in implementing AI demonstrates significant potential for personalizing learning, automating assessment, and analyzing data on the performance of participants in the educational process. Studying successful practices from other countries can reveal effective methods for integrating innovative technologies into the learning process. The purpose of the present article is to examine the current state of the use of artificial intelligence technologies in the educational processes of various countries around the world. The methodology of the research is based on the general scientific and special methods of cognition such us analysis, synthesis, logical method, monitoring, and the method of visualization of the research results. The conclusions. The global experience of applying artificial intelligence in education demonstrates significant potential for these technologies to personalize learning, enhance the effectiveness of the educational process, and expand opportunities for both higher education students and educators. Foreign experience shows that various countries are already actively using AI-based innovative solutions to enhance the effectiveness and quality of education. At the same time, the implementation of AI in education is accompanied by certain challenges and risks that must be considered and addressed at both national and international levels. However, given the rapid growth of investments and innovations in this field, it can be expected that AI will become an integral part of the education of the future, transforming the learning process and opening new horizons for the development of human potential. The scientific novelty of the research. A comparative analysis of the implementation of artificial intelligence technologies in the educational process of different countries, including China, the USA, the United Kingdom, and Japan, has been conducted. Key features of AI integration in the field of education and its impact on learning personalization, process automation, and the improvement of educational outcomes have been presented. The practical significance of the article. The research results can be used to develop strategic approaches for the implementation of artificial intelligence in Ukrainian higher education institutions. The proposed recommendations will enable educators to effectively integrate innovative technologies to enhance the quality of education and improve student learning outcomes through personalized learning and the automation of routine tasks.
Read moreТЕХНОЛОГИЯ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА И ПРАВО: ВЫЗОВЫ СОВРЕМЕННОСТИ
Introduction: the article deals with the issues concerning the protection of the rights to digital content created with the use of artificial intelligence technology and neural networks. This topic is becoming increasingly important with the development of the technologies and the expansion of their application in various areas of life. The problems of protecting the rights and legitimate interests of developers have come to the fore in intellectual property law. With the help of intelligent systems, there can be created not only legally protectable content but also other data, relations about which are also subject to protection. In this regard, of particular importance are the issues concerning the standardization of requirements for procedures and means of storing big data used in the development, testing and operation of artificial intelligence systems, as well as the use of blockchain technology. Purpose: based on an analysis of Russian and foreign scientific sources, to form an idea of the areas of legal regulation and the prospects for the application of artificial intelligence technology from a legal perspective. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods (legal-dogmatic and the method of interpretation of legal norms). Results: analysis of the practice of using artificial intelligence systems has shown that today intelligent algorithms include a variety of technologies that are based on or related to intelligent systems, but not always fall under the concept of classical artificial intelligence. Strictly speaking, classic artificial intelligence is only one of the intelligent system technologies. The results created by autonomous artificial intelligence have features of works. At the same time, there are some issues of a public law nature that require resolution: obtaining consent to data processing from the subjects of this data, determining the legal personality of these persons, establishing legal liability in connection with the unfair use of data obtained for decision-making. Standardization in the sphere and application of blockchain technology could help in resolving these issues. Conclusions: in connection with the identified and constantly changing composition of high technologies that fall under the definition of artificial intelligence, there arise various issues, which can be divided into some groups. A number of issues of legal regulation in this area have already been resolved and are no longer of relevance for advanced legal science (legal personality of artificial intelligence technology); some issues can be resolved using existing legal mechanisms (analysis of personal data and other information in course of applying computational intelligence technology for decision-making); some other issues require new approaches from legal science (development of a sui generis legal regime for the results of artificial intelligence technology, provided that the original result is obtained).
Read moreСУЧАСНИЙ ІНТЕРНЕТ-МАРКЕТИНГ З ВИКОРИСТАННЯМ ТЕХНОЛОГІЙ ШТУЧНОГО ІНТЕЛЕКТУ
The article discusses the essence and features of modern Internet marketing based on the use of artificial intelligence (AI) technologies. The article examines how AI can help online marketers collect and analyze consumer data, segment and personalize audiences, create and distribute effective content, optimize and automate advertising campaigns, and measure and improve marketing results. The article also analyzes the latest trends in the use of AI technologies by Ukrainian and foreign companies and identifies their advantages.The investigation identified effective AI tools in online marketing, such as chatbots, recommender systems, text generators, sentiment analysers, face and speech recognition systems, etc. The article presents a comparison of AI tools in online marketing of Ukrainian and foreign companies. Foreign companies use modern products that have no analogues in Ukraine. This is due to the popularity of the trend of using AI technologies in foreign companies. In Ukraine, this trend is developing and we can see it in the use of chatbots and CRM systems. They have been implemented by such companies as PrivatBank and Promodo. Despite this, the development of foreign companies is progressive. Previously, only large corporations could afford to use AI technologies, but now young startups are catching up with the trend. AI combined with human capabilities can actually turn business into a universal tool for profit. However, this path is not without obstacles, so the article highlights the challenges of AI that may affect the economic, legal, ethical, and social spheres of life. Scenarios for preventing possible problems allow for the effective use of AI's potential. The article suggests measures that should help society adapt to changes in the socio-economic environment associated with the displacement of humans by AI. It is important to understand the advantages and disadvantages of modern online marketing tools to ensure effective solutions to business problems.
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