Digital ecology: Artificial intelligence impact on legal and environmental sphere
Abstract
Vasiliev A.A., Pechatnova Y.V., Mamychev A.Yu.
New century turns out the intensive scientific revolution, which leads to the extension the digital technologies. The research is devoted to the analysis the opportunities and prospects for the implementation of the artificial intelligence in the legal system. The urgency of the study predetermines by the large-scale digital revolution that affects all spheres of society, including the area of legal activity (for example, the initiative to use lawyers-robots in the legal corporations; the idea to automate legal activity; the appearance of smart contracts, blockchain technologies, cryptocurrency, which are not regulated by the Russian law yet; increase if the cybercrime and others). The purpose of the study is to analyze the advantages and disadvantages, opportunities and limits of introducing the digital technologies into the legal environment. Research methods are analysis, synthesis and comparative law. The study contains several positions. Firstly, the analysis the points of view about the theme of research among the national and foreign scientists are presented. Secondly, the comprehensive assessment of the artificial intelligence influence on the legal sphere is given. Thirdly, the opportunities for regulation changed relationships, connected with digital technologies, in the current Russian legislation, and the advantages and disadvantages of fixing new categories in the Civil Code of the Russian Federation are researched. Fourthly, examples of the negative impact of legal vacuum on the law enforcement practice and the ways for its overcoming are given. By the way, specific decisions of the courts given as the arguments. Fifthly, the analysis of current trends in the introduction of digital technologies in the legal sphere in the Russian Federation and in the over countries is carried out. There are some contradictory opinions of scientists and practitioners regarding the possibility of using robotic technologies in the legal system. Sixthly, it presents own conclusion based on the conducted research, which is to substantiate the positive trend towards digitalization in the legal system, but the negativity of the possible effects excessive interference of the artificial intelligence in the legal activity.
Keywords: Digital ecology; Environmental; Digital law; Legal regulation; Artificial intelligence; Cyberspace; Robots; Cryptocurrency
References
Alben, A. (2019). Privacy, Freedom and Technology — or “How Did We Get into This Mess?” Seattle University Law Review, 1043–1055.
Avakian, S., Peikin, S., McDonald, J. (2018). U.S. Securities and Exchange Commission, Joint Statement by SEC and CFTC Enforcement Directors Regarding Virtual Currency Enforcement Actions. Available from: https://www.sec.gov/news/public-statement/joint-statement-sec-and-cftc-enforcementdirectors?lipi=urn%3Ali%3Apage%3Ad_flagship3_feed%3BpNba0W7eTJGeW%2FSWptamAQ%3D%3D.
Bitcoin, Virtual Currencies and the Struggle of Law and Regulation to Keep Pace. (2018), 102 Marq. L. Rev. 447. Available from: htts://scholarship.law.marquett.edu/mulr/vol102/iss2/5
Blockchain and smartcontracts: the missing link in copyright licensing? (2018). Oxford, International Journal of Law and Information Technology, 311–336.
Decision No. 2-160/2017. April 26, 2017, case No. 2-160/2017. Available from: http://sudact.ru/regular/doc/qlE6zawJCy6l/
Google Appealed Judicial Prohibition to Robots to Read Letters of Russians. Available from: http://sutyajnik.ru/documents/4894.pdf
Hu, Y. (2019). Robot Criminals, 52 U. Mich. J. L. Reform 487. Available from: htts://repository.law.umich.edu/mjlr/vol52/iss2/5
Joshua, A.T. (2019). The Human Element: The Under-Thorized and Underutilized Component Vital to Fostering Blockchain Development, Faculty Scholarship. Available from: htts://scholarlycommons.law.wlu.edu/wlufac/537
Markovic, M. (2019). Rise of the Robot Lawyers?, 61 Ariz. L. Rev. 325. Available from: htts://scholarship.law.tamu.edu/facscholar/1320
Mik, E. (2007). Contract Formation in Open Electronic Networks, Singapore Management University. Available from: htts://works.bepress.com/elizamik/2/
National Research University Higher School of Economics Institute for Statistical Studies and Economics of Knowledge. Available from: https://issek.hse.ru/news/227178200.html
Nima, Z. (2019). Digital Forensics. A Need for Credentials and Standards, Journal of Digital Forensics, Security and Law, 14(1), 3. Available from: htts://commons.erau.edu/jdfsl/vol14/iss1/3
Price, W. Nicholson, II. (2017). Artificial Intelligence in Health Care: Applications and Legal Implications. The SciTech Lawyer 14, 1.
Regulating Emerging Robotic Technologies in Europe: Robotics facing Law and Ethics. Available from: http://www.robolaw.eu/
Research Center for Robotics and Artificial Intelligence Regulation Issues. Available from: http://robopravo.ru/
Robot mediator settles first ever court case. Available from: https://www.legalfutures.co.uk/latest-news/robot-mediator-settles-first-ever-court-case
RTM technologies. (2019). Available from: http://www.rtm.group/
Schuster, W.M. (2018). Artificial Intelligence and Patent Ownership, 75 Wash. & Lee L. Rev. 1945. Available from: htts://scholarlycommons.law.wlu.edu/wlulr/vol75/iss4/5
Stewart, L. (2019). Big Data Discrimination: Maintaining Protection of Individual Privacy Without Disincentivizing Businesses’ Use of Biometric Data to Enhance Security, 60 B.C.L. Rev. 347. Available from: htts://lawdigitalcommons.bc.edu/bclr/vol60/iss1/8
Tapia, S.P. (2019). Requiem for Cyberspace: The Effect of the European General Privacy Regulation on the Global Internet, Seattle University Law Review, 1163-1173.
The legal personality of artificial intelligence in the field of law. Available from: https://zakon.ru/blog/2018/05/21/kak_ya_pobedil_sudebnogo_robota-yurista__i_pochemu_eto_budet_dlitsya_nedolgo#comment_464411
The resolution of the Ninth Arbitration Court of Appeal. (2018). May 15, 2018. No 09AP-16416/2018. Available from: http://base.garant.ru/61623374/
Tyler, J. (2019). Legal Personhood for Artificial Intelligence. Utah Valley University. Available from: htts://works.bepress.com/tyjaynes/1/
Vasilyev, A.A., Ibragimov, Zh.I., Gubernatorova, E.V. (2019). The Russian draft bill of “the Grishin Law” in terms of improving the legal regulation of relations in the field of robotics: critical analysis. Journal of Physics: Conference Series, 1333(4), Mechatronics, robotics and electrical drives. Doi: 10.1088/1742-6596/1333/5/052027
Wright, R.G. (2019). The Constitutional Rights of Advanced Robots (and of Human Beings), 71 Ark. L. Rev. 613. Available from: htts://scholarworks.uark.edu/alr/vol71/iss3/2