Law and technology

1. Technology around us and law

2. Three functions of law
3. Is technology law new
4. What technology are we talking about
5. What technologies are we talking about
6. Lega challenges
7. Wrap up

1. Technology and law

a. What could be legal technology?--> do we need to decide wether we r egonno us etech
regulat etheir use, what is the space of this tech in daily life
b. Prize winning imiga ai generated intellectual property an issue, is this an original work,
doe sla wneed to interfere here?
c. Disinformation interference?--> there ar ecustoms, do we need to formalize thsi? We
could say freedom of opiion, ther eis difference between fact and opinion, what do we
want o atually to regulate?, misinformationa nd disinformation is different, what about
intentional disinformation and misinformation
d. Is about tech and effects on society and how to adaot and address new realities
e. AI in legal process: 2 judges in colombia refering back to chat gpt to predict wether a
person will reoffend, is it good to use this for legal process
i. Ia is gonna be flowed becaus eof human hand (chat gpt and ao 3)
ii. Tech has affects on society and law (peopel become more relient on technology)
2. 3 Functions of law
i. Regulates and sets relations between states and individuals
ii. Relations between states
iii. Relations between peolple
iv. Other can be: io and states,
3. Is technology law new?
a. Do we ned to change la wbecaus eof technology? Or is it now established? Is technology
law here to stay?--> we are still questining this is a law of today
i. One says use old laws for new realities, old principles for new realities
ii. Other party says technology of today are different so we need new laws and new
legal principles
1. Can we use principlees o criminal alw and apply it for what is going on
online or make new ones
2. Why do we need new? Well the effects on behaviour are really different
so we need tod o something about this.
 b. Well some say we should not rely on technology to fit the law next to it eg law of the
horse, every time we have new tech we put new legal elemnt to it
c. Tech doe sdisruption which mkes us think of new laws
d. Tech is designed a way so people will behave a way (lawrece lessig)--. Tech doe steh
same it determines how we baheve and what we can do, it is a moving target constantly
changing and evolving
e. Roger brownsword. In basic tech where we shifted from horse to car we had to
change laws, with introduction of internet we needed to chnge laws, with ai we are also
challenged
4. What technologies we are talking baout information technology: tech based on data
a. What makes a change with data: shift in th digital world: what doe sthis mean from legal
perspective?
i. Revalrous to non rivalrous goods (physical book to ebook)
ii. From single ownership to more users at once (shift in ownership)
iii. From buying to downloading, streaming, licensing music
iv. Ecnomoic value of bits (data is intangible value)
v. A&m records inc v napster (ownership of intellectual goods with new reality
confronted with virtual reality) general principles of copyrigt laws changed
vi. Effect on law: not just matter of applying general principles
b. Information society+Infromation economy data the new goal
i. Theer are legal challanges:
1. Ownership and control ower information
2. New revoutionary market and delivery producta or services
3. Shift from rivalrous to non rivalrous products (tangible ad non tangible
products)
a. Serious challanges to traditional value sand rules
c. What is a good: has value and can be sold and owned
i. Nfts: technically it is not sold, there are bites and bits buti t holds value
ii. Goods can be stolen electricity can also be stolen: what about theft of virtual
itams in virtual reality
iii. Danil arsham
iv. Tangible, intangible: can b stolen?
v. It has value
vi. Infinitely scalable and intangible (tech products)
d. Digita convergence
i. Eg: crimnal alw: evidence given against an accused so the phone may know more
baout you tahn the parents
ii. Digitasions: osts of storing data is a lot cheaper
5. What tech we talk about?
a. Network of networks – the internet
b. Enter the internet
c. The internet is indespenseble with numerous layers (ned governance)
 i. Infrastructure layer spying activity at th ered places ego r some hav ebeen
destroyed or attempted to destroy, if some ar edetsroyed that will effect the
functioning of the internet
ii. There is intensity of connection between them
iii. There is equipment ad transmission layer
d. What is teh internet to you?--> virtual space full of data, law needs to be active in
matters regarding the internet. Public good to whcuh open and free access is a
fundamental right. . Not really free but generates good for society. Free int he sence
that more people can use it
e. Regulation eu 2015/2120 on open internet access 4 principles
i. No blocking
ii. No limit to speed
iii. No discrimination of content, application, and services
iv. Transparency of measures
f. How technology should be reguatd by law
i. Tech specific law
ii. Tec neutral law. Can bcome general principle for that area for longer time,
allows us to focus on values we want to have in society, we dont limit tceh and
evolvement but we do guide the values and evolvement
g. Juridiction puzzle
i. Where doe sit happen
ii. Which law will apply? Cross border challanges
iii. So far some ar eregulated at international level, and many laws on national level

Digitalization challanges lawmkares

Lawmakers have choices

Which lawmaker addresses challanges

Why is it wrong to use the information ont eh phone againts a persona t trial, or like go through it as for
collection of evidence?

What if technology evolves faster than law. How do we make teh right law