Multilevel Protection of Rights in Ai
A.Y. 2024/2025
Learning objectives
- Basic knowledges of how AI-systems work (deterministic and non-deterministic algorithms; software; NLP; LLM);
- Ability to subsume new tools within the correct legal categories (characterization of software, algorithms, etc.);
- Ability to frame and to understand the legal issues raised by the development and use of AI-systems on contractual and non-contractual civil liability (analysis of both substantive
rules and European private international law);
- Ability to ascertain the extent at which the development and use of AI-systems might affect the EU internal market;
- Ability to argue about the legislative policies pursued at supranational level (comparative perspective among the EU; China and the USA) to regulate, in particular, the extracontractual civil liability issues raised by the development and use of AI-systems;
- Ability to grasp the ethical issues raised by the deployment of AI-systems;
- Communication skills and ability to argue on the subject with logical-legal rigor and propriety of language, including on technological aspects.
- Ability to subsume new tools within the correct legal categories (characterization of software, algorithms, etc.);
- Ability to frame and to understand the legal issues raised by the development and use of AI-systems on contractual and non-contractual civil liability (analysis of both substantive
rules and European private international law);
- Ability to ascertain the extent at which the development and use of AI-systems might affect the EU internal market;
- Ability to argue about the legislative policies pursued at supranational level (comparative perspective among the EU; China and the USA) to regulate, in particular, the extracontractual civil liability issues raised by the development and use of AI-systems;
- Ability to grasp the ethical issues raised by the deployment of AI-systems;
- Communication skills and ability to argue on the subject with logical-legal rigor and propriety of language, including on technological aspects.
Expected learning outcomes
I) will have acquired the skills to frame and understand the legal issues raised by the development and use of AI-systems;
II) will have acquired the technical and legal skills to examine with independent judgement the recent legislative proposals made within the European Union on AI-systems. In
particular, students will have acquired the tools to argue whether or not there is a need to amend European private international law provisions on non-contractual civil liability;
III) will have reached a comprehensive level of understanding about the different legislative policies adopted in: EU, China and the USA, thus being able to argue the
respective pros and cons;
IV) will be able to argue on the main ethical concerns raised in particular in the development phase of AI-systems;
V) will have reached the maturity of judgement to assess whether, and to what extent, the development of systems of/with artificial intelligence can ensure and promote human rights protection.
II) will have acquired the technical and legal skills to examine with independent judgement the recent legislative proposals made within the European Union on AI-systems. In
particular, students will have acquired the tools to argue whether or not there is a need to amend European private international law provisions on non-contractual civil liability;
III) will have reached a comprehensive level of understanding about the different legislative policies adopted in: EU, China and the USA, thus being able to argue the
respective pros and cons;
IV) will be able to argue on the main ethical concerns raised in particular in the development phase of AI-systems;
V) will have reached the maturity of judgement to assess whether, and to what extent, the development of systems of/with artificial intelligence can ensure and promote human rights protection.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The impressive development and (spread) use of AI-system raise, among all, several legal questions. In particular, a question arises as to whether, and to what extent, domestic (Italian) and European legal sources are adapted to regulate the development and use of AI-systems, while also ensuring fundamental rights protection.
As of today, the European Union legislator has been pursuing an intense
legislative activity which has now led not just to the about-to-be-enacted AI-ACT, but also to some other pieces of regulations which are now under discussion (see for instance the proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence), or are about to be updated to become useful tools to regulate the development and use of AI-systems (see, a.a., Defective Product liability Directive).
The aim is to ascertain whether the above-sketched legislative framework is
adapted to ensure a truly multilevel protection of those rights linked to the development and use of AI-systems. Reference is made to, for instance: contractual claims, civil liability claims, and human rights protection.
Given these premises, this course, after briefly outlining the technological aspects of AI-systems, focusing on machine learning and deep learning techniques, will be divided into two parts.
The first part will focus on characterization issues (whether and to what extent the AI-systems under scrutiny enter within the category of product), while the second part will scrutinize domestic and European legislation on contract law, civil liability and fundamental rights protection in respect of AI-systems.
In detail, it will examine the relevant substantive provisions, and private international provisions, updated to the most recent amendments proposed by the European legislator. Then it will focus on the desirable development of AI-systems which will be ethically oriented; a question will be asked, in particular, whether and to what extent "ethical principles" can and should guide the development and use of artificial intelligence systems. The role, and the relevant responsibilities of AI-systems developers, will be deeply scrutinized.
Final written exam. Object: case study solving.
As of today, the European Union legislator has been pursuing an intense
legislative activity which has now led not just to the about-to-be-enacted AI-ACT, but also to some other pieces of regulations which are now under discussion (see for instance the proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence), or are about to be updated to become useful tools to regulate the development and use of AI-systems (see, a.a., Defective Product liability Directive).
The aim is to ascertain whether the above-sketched legislative framework is
adapted to ensure a truly multilevel protection of those rights linked to the development and use of AI-systems. Reference is made to, for instance: contractual claims, civil liability claims, and human rights protection.
Given these premises, this course, after briefly outlining the technological aspects of AI-systems, focusing on machine learning and deep learning techniques, will be divided into two parts.
The first part will focus on characterization issues (whether and to what extent the AI-systems under scrutiny enter within the category of product), while the second part will scrutinize domestic and European legislation on contract law, civil liability and fundamental rights protection in respect of AI-systems.
In detail, it will examine the relevant substantive provisions, and private international provisions, updated to the most recent amendments proposed by the European legislator. Then it will focus on the desirable development of AI-systems which will be ethically oriented; a question will be asked, in particular, whether and to what extent "ethical principles" can and should guide the development and use of artificial intelligence systems. The role, and the relevant responsibilities of AI-systems developers, will be deeply scrutinized.
Final written exam. Object: case study solving.
Prerequisites for admission
International law and European law (basic knowledge)
Teaching methods
The course will combine lectures and Class active involvement in the Class. An expert in the field, an expert in coding and an algorithm developer, will be invited to give a seminal lecture, to ensure an understanding of the more technical issues, and functional to frame the legal issues better.
Teaching Resources
Il materiale didattico verrò caricato su myAriel o indicato sul syllabus in tempo utile per la preparazione della lezione.
Il carico didattico è coerente con il numero di CFU assegnati al corso.
Il carico didattico è coerente con il numero di CFU assegnati al corso.
Assessment methods and Criteria
The final grade will be based on the following criteria:
- written exam degree 80%
- Class'active involvement 20%
- written exam degree 80%
- Class'active involvement 20%
IUS/13 - INTERNATIONAL LAW - University credits: 3
IUS/14 - EUROPEAN UNION LAW - University credits: 3
IUS/14 - EUROPEAN UNION LAW - University credits: 3
Lessons: 48 hours
Professor:
Cappiello Benedetta Allegra Roberta
Professor(s)
Reception:
Wednesday 10-12 ; by appointment
Department of Italian and Supranational Law _ Room next to the Library'main entrance