EUROPEAN AND COMPARATIVE LAW OF DIGITAL TECHNOLOGIES
Full year
Frequency Not mandatory
- 5 CFU
- 40 hours
- English
- Trieste
- Opzionale
- Oral Exam
- SSD IUS/02
Knowledge and understanding: Students should demonstrate a good knowledge of the comparative legal methodology and of its applications to emerging technologies.
Applying knowledge and understanding: Students should demonstrate a good knowledge of the main rules applicable at the European Union and at the national level on emerging technologies, and of the most frequent argumentations applicable to legal issues concerning emerging technologies.
Making judgements: Students should have the ability to organise the acquired knowledge and to make judgments on regulatory issues and social implications of emerging technologies on the basis of limited and incomplete information.
Communication skills: Students should have the ability to present their own view vis-à-vis the general features and contents of the main rules applicable at the European Union and at the national level to emerging technologies.
Learning skills: Students should have the ability to articulate and interpret European Union and European national notions and techniques pertinent to the rules applicable to artificial intelligence and to the different concepts and theories related to this field.
The module aims to provide an advanced overview of the main legal framework applying to emerging technologies, including Artificial Intelligence (AI), in the European context, with regard to both national, European Union and international rules.
1. AI for law vs Law for AI
2. Law on AI. Preliminary Caveats
3. European Law on AI: The Proposal for an Artificial Intelligence Act
4. European Law on AI: Privacy Law
5. European Law on AI: Transparency Obligations
6. European Law on AI: Fairness and Non-Discrimination
7. European Law on AI: Accountability
(1) Marta Infantino and Mauro Bussani, ‘Rule by Metrics. Performance, Quantification, and the Law’ (2024) European Journal of Comparative Law and Governance, at https://brill.com/view/journals/ejcl/aop/article-10.1163-22134514-bja10066/article-10.1163-22134514-bja10066.xml
(2) Future for Life Institute, ‘High-Level Summary of the AI Act’ (February 2024), at https://artificialintelligenceact.eu/high-level-summary/
(3) Anu Bradford, ‘Europe's Digital Constitution’ (2023) 64 Virginia Journal of International Law 1 (2023), at: https://scholarship.law.columbia.edu/faculty_scholarship/4168
(4) Silvia De Conca, ‘The present looks nothing like the Jetsons: Deceptive design in virtual assistants and the protection of the rights of users’ (2023) 51 Computer Law & Security Review 1-19, https://www.sciencedirect.com/science/article/pii/S0267364923000766
Optional Readings
(1) Woodrow Barfield & Ugo Pagallo, Advanced Introduction to Law and Artificial Intelligence, EE, 2020
(2) Mireille Hildebrandt, Law for Computer Scientists and Other Folk, OUP, 2020, at https://academic.oup.com/book/33735
The module will cover the following seven topics:
1. AI for Law, AI-driven Law, Law on AI
2. Law on AI in Europe: A Comparative Introduction
3. The EU Artificial Intelligence Act
4. EU and Comparative Privacy Law
5. Transparency Obligations in European Law
6. The Principles of Fairness and Non-Discrimination in European Law
7. The Accountability Principle in European Law
Beside Socratic teaching, there will be an open discussion of relevant problems and cases.
Students will be graded on the basis of a written test of 2 hours, in English, covering the course syllabus.
The test will be made up of three open-ended questions on the issues covered by compulsory readings and in class. Depending on the correctness, completeness and precision of their answers, students will receive up to 10 points per answer. The final grade will be determined by summing the grades obtained for all three questions. The minimum grade to pass the exam is 18/30. To obtain the maximum score (30/30 cum laude), students will have to demonstrate, in the answer to each question, that they have an excellent knowledge of all the issues investigated
This course explores topics closely related to one or more goals of the United Nations 2030 Agenda for Sustainable Development (SDGs)