CHAPTER 1
LEGAL INTELLIGENCE AT THE INTERSECTION BETWEEN AI AND LAW

LEONOR MORAL SORIANO

I.?? Basic notions of Artificial Intelligence

II.??Evolution of AI in Law

III.??Disruptive technologies in the legal domain

IV.??Legal argumentation and automated legal argumentation: two different rationales?

V.??Precedents as argumentative techniques

VI.??Precedents as raw data

VII.? The limits of AI in Law

VII.1. Machine legal reasoning does not exist

VII.2. Descriptive premises do not justify normative outcomes

VII.3. Machines cannot be creative

VII.4. Legal Education

VIII.? Bibliography

CHAPTER 2
ARTIFICIAL INTELLIGENCE AS A NEW COMPONENT OF THE JUSTICE SYSTEM: HOW IT CREATES NEW POSSIBILITIES, BUT HAS LIMITATIONS ESPECIALLY WITH REGARDS TO GOVERNANCE

JOHN ZELEZNIKOW AND FERNANDO ESTEBAN DE LA ROSA

I.?? Introduction: the challenge of incorporating Artificial Intelligence into justice systems

II.??Designing Artificial Intelligence and Expert Systems for the administration of justice

II.1. Technical possibilities

II.2. The limitations of using Artificial Intelligence in the Justice System

II.2.1. Examing discretion and the use of rule based Artificial Intelligence

II.2.2. Machine Learning: the need for cleaning data to avoid biases

II.3. The distinction between Decision Support and Decision-Making Systems

II.4. Self-Represented Litigants: Bargaining in the Shadow of the Law

II.5. Online Dispute Resolution Tools and Decision Support for Self-Represented Litigants

III.??Examples using Artificial Intelligence

III.1. First experiences

III.2. The Dutch platform Rechtwijzer

III.3. The British Columbia Civil Resolution Tribunal

III.4. The Internet Courts in China

III.5. The Estonian Project

IV.??Uses and Governance of Artificial Intelligence in the field of the judicial system: an European perspective

V.??Conclusion

VI.??References

PART II
GOVERNANCE IN THE DIGITAL ERA

CHAPTER 3
A FRAMEWORK FOR REGULATING AI IN THE PUBLIC SECTOR

ADAM PANAGIOTOPOULOS AND ROWENA RODRIGUES

I.?? Introduction

II.??Implications of the digitalised public sector

III.??Features, trends and challenges of regulating AI in the public sector

IV.??Framework for regulating AI in the public sector: A proposal of critical elements

V.??Conclusion

VI.??Acknowledgements

CHAPTER 4
THE ECHR’S DOCTRINE ON MASSIVE SECRET SURVEILLANCE OF DATA AND COMMUNICATIONS: ON THE NEED FOR A CONSTITUTIONAL THEORY ON MASSIVE SECRET SURVEILLANCE

MIGUEL AZPITARTE SÁNCHEZ

I.?? The problem

II.??Characterization and justification of massive surveillance

II.1. The massive nature of the measure

II.2. The covert nature of the measure

II.3. The grounds for massive surveillance

III.??The possible purposes of massive surveillance: criminal investigation and national security

III.1. Regulation in the European Convention on Human Rights and its application

III.2. Criminal investigation as the end to justify bulk surveillance

III.3. National security

III.3.1. Concept

III.3.2. Some positive appreciations

III.4. The reasons for the scant relevance

IV.??On the effects on fundamental rights

IV.1. The scope of protection and its limits

IV.2. Intensity of the interference and the level of safeguards

IV.2.1. The level of interference as an element that reduces the safeguards in bulk surveillance: exclusion from suspicion and judicial warrants

IV.2.2. The level of interference as an element reducing the safeguards in bulk surveillance: exclusion from the six minimum requirements.

IV.2.3. The grounds: the thesis of lower intensity

IV.3. When surveillance is only a threat

V.??Conclusions

VI.??Bibliography

VI.1. Case law

VI.1.1. –European Court of Human Rights–

VI.1.2. –Spanish Constitutional Court–

VI.1.3. –British Supreme Court–

CHAPTER 5
THE LEGAL-ADMINISTRATIVE REGIME OF MEDICINAL PRODUCTS IN THE DIGITAL SOCIETY ERA: CHALLENGES AND OPPORTUNITIES FROM A SPANISH PERSPECTIVE

FRANCISCO MIGUEL BOMBILLAR SÁENZ

I.?? Medicinal products in the digital society era

II.??Electronic medical prescriptions

III.??Purchase of medicinal products through the internet (e-pharmacies)

IV.??Dispensation of medicinal products using riders

V.??Dispensation of medicinal products using drones

VI.??Use of big data in clinical trials with medicinal products

VII.? Final thoughts by way of conclusion

VIII.? Bibliography

PART III
ELECTRONIC CONTRACTS AND DIGITAL TRADE

CHAPTER 6
DIGITAL TRADE: IN SEARCH OF APPROPRIATE REGULATION

MIRA BURRI

I.?? Introduction

II.??Digital disruption

II.1. Overview and terminological remarks

II.2 Digital technologies as general purpose technologies

II.3. Data and Big Data

III.??The effects of digitization on trade

III.1. Overview of developments and trends

III.2. Global value chains

III.3. Growing importance of services trade and servicification

III.4. Implications for domestic regulation

III.5. New types of trade barriers

IV.??Trade policy responses to the digital transformation

IV.1. The state of WTO Law with regard to digital trade

IV.2. Digital trade issues in preferential trade agreements

IV.2.1 Introduction

IV.2.2 The Comprehensive and Progressive Agreement for Transpacific Partnership and the United States Mexico Canada Agreement

V.??Assessing the state of affairs in digital trade governance and looking beyond

VI.??Bibliography

CHAPTER 7
CLICK-WRAP INTERNATIONAL CONTRACTS

SIXTO A. SÁNCHEZ LORENZO

I.?? Introduction

II.??Click-wrap contracts as standard contracts

II.1. Written form requirement

II.2. True consent: shrink, click, and browse-wrap contracts

II.3. Advertising, Matching, and Crowd-working click contracts

II.4. Click as an offer

II.5. Consideration

III.??Wrap contracts as international contracts

III.1. General rules on jurisdiction and applicable Law

III.1.1. Identifying international contracts

III.1.2. Identifying consumers and/or traders

III.1.3. Identifying domicile, residence, and establishment

III.1.4. Identifying place of performance in digital contracts

III.2. Forum selection clauses

III.2.1. Commercial contracts

III.2.2. Consumer contracts

III.3. Arbitration clauses

III.4. Applicable law clauses

III.4.1. Commercial contracts

III.4.2. Consumer contracts

IV.??Conclusions: best practices in international wrap contracts

V.??Bibliography

CHAPTER 8
A HUMANIST APPROACH TO PRIVATE INTERNATIONAL LAW FOR THE DIGITAL AGE

ILARIA PRETELLI

I.?? Introduction

I.1. A Humanist Approach

I.2. Digital Societies

II.??Platform Governance and Private International Law

II.1. Self-Governance of Platforms

II.1.1. Centralised Platforms

II.1.2. Decentralised Platforms

II.2. Functional Sovereignty and Global Governance

II.2.1. Tax Immunity

II.2.2. Surveillance, Propaganda and Social Media

II.2.3. Labour Standards

III.??Existing Connecting Factors

III.1. Location of Servers Storing Data

III.2. The Registered Office of the Issuer of Tokens

III.3. Presence, Targeting, Directing Activities, Operating in the Market as variations on the theme of Locus Lucri

III.3.1. Presence

III.3.2. Targeting and Directing Activities

III.3.3. Operating in the Market

IV.??Jurisdiction and Applicable Law in Relations Between Platform Users

IV.1. Irrelevance of Private International Law for Settling Litigation between Platform Users in Working Services Delivered in Person

IV.2. Relevant Connecting Factors in Assessing Users’ Liability in Torts and Contracts

IV.2.1. Victims of torts as weaker parties

IV.2.2. Contracts

IV.2.3. Performance of Working Services

V.??Jurisdiction and Applicable Law in Relations Between a User and the Platform

V.1. Decisiveness of Platforms’ Influence and Characterisation of Users as Platform Workers

V.1.1. Definition of Decisive Influence

V.1.2. Consequences of Decisive Influence (for Platform Users in particular)

V.1.3. Jurisdiction and Applicable Law

V.1.4. The Proper Law of Work-on-Demand

V.2. Significance of the Parties’ Imbalance as a Test for Party Autonomy

V.2.1. The Targeted Consumer

V.2.2. Platform to Business

VI.??The Importance of Digital Enforcement for Global Governance

VI.1 Intellectual Property Law

VI.2. Digital Amplification of Torts affecting Reputation, Protection of Honour and Privacy (Defamation, Hate Speech, Cyberbullying)

VII.? Conclusions

VII.1. New Rules on Jurisdiction

VII.2. Aligning Rome II with Brussels I in Matters of Torts

VII.3. ILO Standards for Private International Law

VII.4. Platform to Business, Party Autonomy and Significant Imbalance

VII.5. Digital Enforcement

CHAPTER 9
SMART CONTRACTS AND CONSUMER PROTECTION

MIGUEL ÁNGEL MORENO NAVARRETE

I.?? Disruptive technologies, consumers, and legal challenges

II.??Distributed ledger technology and blockchain

III.??Contribution of blockchain to consumer law and reliable legal traffic

IV.??Smart contracts according to Szabo’s vision

V.??Smart contracts, smart legal contracts, and crypto-contracts

VI.??Subjects, complex structure, digital identification, and oracles

VII.? The object of smart contracts, tokens, and digital assets

VII.1. On the intangibility of things

VII.2. The tokenization of things and behaviors; digital assets – tokens

VII.3. Token classes and token standards

VIII.? Consumer protection measures

IX.??Bibliography

PART IV
SECURITY, GENDER AND FUNDAMENTAL RIGHTS IN CYBERSPACE

CHAPTER 10
GENDER VIOLENCE AND THE USE OF ALGORITHMS AS AN EFFECTIVE TOOL FOR THE PROTECTION OF FUNDAMENTAL RIGHTS

NIEVES MACCHIAVELLI

I.?? Introduction

II.??Previous generalities. Clearing techniques

III.??Automation of judicial processes with a gender perspective. A witness case

IV.??Smart detection. The I-Map case

V.??Conclusions

VI.??Bibliographical references

CHAPTER 11
MORE THAN WORDS: ASPECTS OF ONLINE MISOGYNY

MARILÙ PORCHIA AND PAULO FERNANDO LÉVANO G.

I.?? Preliminary Remarks

II.??Juridical concept and legal framework of hate crimes

III.??Hate speech’s offline status

IV.??The challenges of OHS

V.??Italian legislation in perspective

VI.??Conclusive remarks

VII.? Bibliographical references

CHAPTER 12
PORNOGRAPHY RESTRICTIONS: A FEMINIST CHALLENGE IN THE DIGITAL SOCIETY

TASIA ARÁNGUEZ SÁNCHEZ

I.?? Introduction

II.??The development of the Internet and the global expansion of pornography

III.??The debate on legal limits to online pornography

III.1. Child pornography

III.2. Damage to women

III.3. Extreme pornography

III.4. The responsibility of websites

III.5. Access control to pornographic websites

IV.??Conclusion

V.??Bibliographical references

CHAPTER 13
CYBERCRIME, GLOBALIZATION, AND RISK SOCIETY

LORENZO MORILLAS CUEVA

I.?? Introduction

II.??Globalization and cybercrime

III.??Risk society: cybercrime versus cybersecurity

IV.??Are we moving toward an enemy’s criminal law in the face of computer crime?

V.??Conclusions

VI.??Bibliography