Algorithms and Law

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

Preface; 1. Robotics and Artificial Intelligence: The Present and Future Visions Sami Haddadin and Dennis Knobbe; 2. Regulating AI and Robotics: Ethical and Legal Challenges Martin Ebers; 3. Regulating Algorithms – How to De-Mystify the Alchemy of Code? Mario Martini; 4: Automated Decision-Making under Article 22 GDPR: Towards a More Substantial Regime for Solely Automated Decision-Making Diana Sancho; 5. Robot Machines and Civil Liability Susana Navas; 6. Extra-contractual Liability for Wrongs Committed by Autonomous Systems Ruth Janal; 7. Control of Algorithms in Financial Markets – the Example of High Frequency Trading Gerald Spindler; 8. Creativity of Algorithms and Copyright Susana Navas; 9. 'Wake Neutrality' of Artificial Intelligence Devices Brian Subirana, Renwick Bivings and Sanjay Sarma; 10. The (envisaged) Legal Framework of Commercialisation of Digital Data within the EU Björn Steinrötter.

Martin Ebers is Associate Professor of IT Law at the University of Tartu and a permanent research fellow at the Humboldt University of Berlin. He is also the co-founder and president of the Robotics & AI Law Society (RAILS). Along with researching and teaching, he has been active in the field of legal consulting for many years. His main areas of expertise and research are IT law, private law, insurance law and European law. Professor Ebers is the author of Rights, Remedies and Sanctions in EU Private Law (2015).
Susana Navas is Full Professor for Private Law at the Autonomous University of Barcelona. Her diverse fields of interest range from child law and copyright law to European private law. Recently, she has also devoted herself to the study of digital law and is a co-author of Inteligencia artificial Tecnología Derecho (2017). Professor Navarro has enjoyed research stays at both European and North American institutions and has been a key speaker at conferences and workshops across Europe.