AI Approaches to the Complexity of Legal Systems

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 AI Approaches to the Complexity of Legal Systems AICOL
International Workshops 2015 2017 AICOL VI JURIX 2015 AICOL
VII EKAW 2016 AICOL VIII JURIX 2016 AICOL IX ICAIL 2017 and
AICOL X JURIX 2017 Revised Selected Papers Ugo Pagallo

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 Ugo Pagallo · Monica Palmirani
Pompeu Casanovas · Giovanni Sartor
Serena Villata (Eds.)

AI Approaches
LNAI 10791

to the Complexity
of Legal Systems
AICOL International Workshops 2015–2017:
AICOL-VI@JURIX 2015, AICOL-VII@EKAW 2016,
AICOL-VIII@JURIX 2016, AICOL-IX@ICAIL 2017,
and AICOL-X@JURIX 2017, Revised Selected Papers

123
Lecture Notes in Artificial Intelligence 10791

Subseries of Lecture Notes in Computer Science

LNAI Series Editors

Randy Goebel
University of Alberta, Edmonton, Canada
Yuzuru Tanaka
Hokkaido University, Sapporo, Japan
Wolfgang Wahlster
DFKI and Saarland University, Saarbrücken, Germany

LNAI Founding Series Editor

Joerg Siekmann
DFKI and Saarland University, Saarbrücken, Germany
More information about this series at http://www.springer.com/series/1244
Ugo Pagallo Monica Palmirani
•

Pompeu Casanovas Giovanni Sartor

•

Serena Villata (Eds.)

AI Approaches
to the Complexity
of Legal Systems
AICOL International Workshops 2015–2017:
AICOL-VI@JURIX 2015, AICOL-VII@EKAW 2016,
AICOL-VIII@JURIX 2016, AICOL-IX@ICAIL 2017,
and AICOL-X@JURIX 2017
Revised Selected Papers

123
Editors
Ugo Pagallo Giovanni Sartor
University of Turin University of Bologna
Turin, Italy Bologna, Italy
Monica Palmirani Serena Villata
University of Bologna Inria - Sophia Antipolis-Méditerranée
Bologna, Italy Sophia Antipolis, France
Pompeu Casanovas
La Trobe University
Melbourne, VIC, Australia

ISSN 0302-9743 ISSN 1611-3349 (electronic)

Lecture Notes in Artificial Intelligence
ISBN 978-3-030-00177-3 ISBN 978-3-030-00178-0 (eBook)
https://doi.org/10.1007/978-3-030-00178-0

Library of Congress Control Number: 2018953366

LNCS Sublibrary: SL7 – Artificial Intelligence

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 Preface

AICOL stands for Artificial Intelligence Approaches to the Complexity of Legal

Systems. This volume presents the revised selected papers of the five different AICOL
Workshops during 2015–2017. The first took place as part of the JURIX 2015 con-
ference at the Universidade do Minho in Braga, Portugal, on December 9, 2015. The
second took place in Bologna, Italy, on November 19, 2016, in conjunction with the
20th International Conference on Knowledge Engineering and Knowledge Manage-
ment (EKAW 2016). The third was held at the JURIX 2016 conference at the Inria
Sophia Antipolis Mediterranée in Sophia Antipolis, France, on December 14, 2016, as
an AICOL Workshop. The fourth was the Workshop on MIning and REasoning with
Legal texts, held on June 16th, 2017, in London (UK) which was connected with the
MIREL (MIning and REasoning with Legal texts) project, H2020 Marie
Skłodowska-Curie grant agreement No 690974 (http://www.mirelproject.eu). It was
organized in conjunction with ICAIL 2017, the 16th International Conference on
Artificial Intelligence and Law. The fifth was held on December 13, 2017, at the
JURIX 2017 conference in Luxembourg. All these workshops had the common rational
to combine different disciplines for managing legal systems complexity, both in the
foundations and in the applications aspects. Two workshops in particular investigated
the Semantic Web techniques (EKAW 2016) and Natural Processing and Legal Rea-
soning models (MIREL 2016). The 37 selected papers, including the introduction,
represent a comprehensive picture of the state of the art in legal informatics.
The present volume follows the previous AICOL volumes: AICOL I-II, published in
2010, include papers from the first AICOL conference in Beijing (24th IVR Congress
in September 15–20, 2009, China) and the follow-up in Rotterdam (JURIX-09,
November 16–18, The Netherlands); AICOL III, published in 2012, resulting from the
third AICOL conference, held in Frankfurt a. M. (25th IVR, August 15–20, 2011,
Germany); AICOL-IV@IVR in Belo Horizonte Brazil, July 21–27, 2013, and
AICOL-V@SINTELNET-JURIX in Bologna, Italy, December 11, 2013.
Like its predecessors, this volume embodies the philosophy of the AICOL con-
ferences, which is to provide a meeting point for various researchers, such as legal
theorists, political scientists, linguists, logicians, and computational and cognitive
scientists, eager to discuss and share their findings and proposals. In this sense, the
keywords “complexity” and “complex systems” sum up the perspective chosen to
describe recent developments in AI and law, legal theory, argumentation, the Semantic
Web, and multi-agent systems.
AICOL incorporates in its VI edition the perspective of social intelligence, the
intertwined human–machine perspective on cognition, agency, and institutions. This
promising approach brings together the analytical and empirical perspectives of soci-
ety. Stemming from this starting point, the volume is divided into six main sections:
(i) Legal Philosophy, Conceptual Analysis, and Epistemic Approaches; (ii) Rules and
Norms Analysis and Representation; (iii) Rules and Norms Analysis and
VI Preface

Representation; (iv) Legal Ontologies and Semantic Annotation; (v) Legal Argumen-
tation; and (vi) Courts, Adjudication and Dispute Resolution. New entry topics need a
particular spotlight like Legal Design or Legal Data Analytics.
Finally, a special thanks is due to the excellent Program Committee for their hard
work in reviewing the submitted papers. Their criticism and very useful comments and
suggestions were instrumental in achieving a high quality of publication. We also thank
the authors for submitting good papers, responding to the reviewers’ comments, and
abiding by our production schedule.

July 2018 Ugo Pagallo

Monica Palmirani
Pompeu Casanovas
Giovanni Sartor
Serena Villata
 Organization

Organizing Committee
Danièle Bourcier Université de Paris II, France
Pompeu Casanovas Autonomous University of Barcelona, La Trobe
University
Monica Palmirani University of Bologna, Italy
Ugo Pagallo University of Turin, Italy
Giovanni Sartor European University Institute and University of Bologna,
Italy
Serena Villata Inria Sophia Antipolis, France

Program Committee
Laura Alonso Alemany Universidad Nacional de Córdoba
Michał Araszkiewicz Jagiellonian University
Guido Boella University of Torino
Daniele Bourcier Centre d’Etudes et de Recherches de Science
Administrative et Politique, Universite de Paris II
Pompeu Casanovas Autonomous University of Barcelona, La Trobe
University
Marcello Ceci GRCTC - Governance, Risk and Compliance Technology
Center
Pilar Dellunde Autonomous University of Barcelona
Luigi Di Caro University of Torino
Angelo Di Iorio University of Bologna
Enrico Francesconi ITTIG-CNR
Michael Genesereth Stanford University
Jorge Gonzalez-Conejero UAB Institute of Law and Technology
Guido Governatori Data61, CSIRO
Davide Grossi University of Groningen
John Hall Model Systems
Renato Iannella Queensland Health
Beishui Liao Zhejiang University
Arno R. Lodder Vrije Universiteit Amsterdam
Marco Manna University of Calabria
Martin Moguillansky Universidad Nacional del Sur
Paulo Novais University of Minho
Ugo Pagallo University of Torino
Marco Pagliani Senate of Italian Republic
Monica Palmirani University of Bologna
Adrian Paschke Freie Universität Berlin
VIII Organization

Silvio Peroni University of Bologna

Ginevra Peruginelli ITTIG-CNR
Enric Plaza IIIA-CSIC
Marta Poblet Autonomous University of Barcelona, RMIT University
Francesco Poggi University of Bologna
Martín Rezk Rakuten Inc.
Livio Robaldo University of Torino
Víctor Rodríguez Doncel Universidad Politécnica de Madrid
Antoni Roig Autonomous University of Barcelona
Piercarlo Rossi Università del Piemonte Orientale
Antonino Rotolo University of Bologna
Giovanni Sartor EUI, University of Bologna
Erich Schweighofer University of Vienna
Barry Smith SUNY Buffalo
Clara Smith Universidad Nacional de La Plata, Universidad Católica
de la Plata
Davide Sottara Arizona State University
Said Tabet EMC Corporation
Raimo Tuomela University of Helsinki
Leon van der Torre University of Luxembourg
Tom Van Engers University of Amsterdam
Anton Vedder Tilburg University
Serena Villata Inria Sophia Antipolis, Sophia Antipolis Cedex
Fabio Vitali University of Bologna
Radboud Winkels University of Amsterdam
Adam Wyner Swansea University
John Zeleznikow Victoria University
 Contents

Introduction: Legal and Ethical Dimensions of AI, NorMAS,

and the Web of Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Ugo Pagallo, Monica Palmirani, Pompeu Casanovas,
Giovanni Sartor, and Serena Villata

Legal Philosophy, Conceptual Analysis, and Epistemic Approaches

RoboPrivacy and the Law as “Meta-Technology” . . . . . . . . . . . . . . . . . . . . 23

Ugo Pagallo

Revisiting Constitutive Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Giovanni Sileno, Alexander Boer, and Tom van Engers

The Truth in Law and Its Explication . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Hajime Yoshino

From Words to Images Through Legal Visualization . . . . . . . . . . . . . . . . . . 72

Arianna Rossi and Monica Palmirani

Rules and Norms Analysis and Representation

A Petri Net-Based Notation for Normative Modeling: Evaluation

on Deontic Paradoxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Giovanni Sileno, Alexander Boer, and Tom van Engers

Legal Patterns for Different Constitutive Rules . . . . . . . . . . . . . . . . . . . . . . 105

Marcello Ceci, Tom Butler, Leona O’Brien, and Firas Al Khalil

An Architecture for Establishing Legal Semantic Workflows

in the Context of Integrated Law Enforcement . . . . . . . . . . . . . . . . . . . . . . 124
Markus Stumptner, Wolfgang Mayer, Georg Grossmann, Jixue Liu,
Wenhao Li, Pompeu Casanovas, Louis De Koker, Danuta Mendelson,
David Watts, and Bridget Bainbridge

Contributions to Modeling Patent Claims When Representing

Patent Knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Simone R. N. Reis, Andre Reis, Jordi Carrabina,
and Pompeu Casanovas

Modeling, Execution and Analysis of Formalized Legal Norms

in Model Based Decision Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Bernhard Waltl, Thomas Reschenhofer, and Florian Matthes
X Contents

Causal Models of Legal Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

Ruta Liepina, Giovanni Sartor, and Adam Wyner

Developing Rule-Based Expert System for People with Disabilities –

The Case of Succession Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Michał Araszkiewicz and Maciej Kłodawski

Legal Vocabularies and Natural Language Processing

EuroVoc-Based Summarization of European Case Law . . . . . . . . . . . . . . . . 205

Florian Schmedding, Peter Klügl, David Baehrens, Christian Simon,
Kai Simon, and Katrin Tomanek

Towards Aligning legivoc Legal Vocabularies by Crowdsourcing . . . . . . . . . 220

Hughes-Jehan Vibert, Benoit Pin, and Pierre Jouvelot

Data Protection in Elderly Health Care Platforms . . . . . . . . . . . . . . . . . . . . 233

Angelo Costa, Aliaksandra Yelshyna, Teresa C. Moreira,
Francisco C. P. Andrade, Vicente Julian, and Paulo Novais

Assigning Creative Commons Licenses to Research Metadata:

Issues and Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Marta Poblet, Amir Aryani, Paolo Manghi, Kathryn Unsworth,
Jingbo Wang, Brigitte Hausstein, Sunje Dallmeier-Tiessen,
Claus-Peter Klas, Pompeu Casanovas, and Victor Rodriguez-Doncel

Dataset Alignment and Lexicalization to Support Multilingual Analysis

of Legal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Armando Stellato, Manuel Fiorelli, Andrea Turbati, Tiziano Lorenzetti,
Peter Schmitz, Enrico Francesconi, Najeh Hajlaoui,
and Brahim Batouche

A Multilingual Access Module to Legal Texts . . . . . . . . . . . . . . . . . . . . . . 272

Kiril Simov, Petya Osenova, Iliana Simova, Hristo Konstantinov,
and Tenyo Tyankov

Combining Natural Language Processing Approaches for Rule Extraction

from Legal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Mauro Dragoni, Serena Villata, Williams Rizzi, and Guido Governatori

Analysis of Legal References in an Emergency Legislative Setting . . . . . . . . 301

Monica Palmirani, Ilaria Bianchi, Luca Cervone,
and Francesco Draicchio

Legal Ontologies and Semantic Annotation

Using Legal Ontologies with Rules for Legal Textual Entailment . . . . . . . . . 317
Biralatei Fawei, Adam Wyner, Jeff Z. Pan, and Martin Kollingbaum
 Contents XI

KR4IPLaw Judgment Miner - Case-Law Mining for Legal

Norm Annotation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Shashishekar Ramakrishna, Łukasz Górski, and Adrian Paschke

Towards Annotation of Legal Documents with Ontology Concepts . . . . . . . . 337

Kolawole John Adebayo, Luigi Di Caro, and Guido Boella

Reuse and Reengineering of Non-ontological Resources

in the Legal Domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Cristiana Santos, Pompeu Casanovas, Víctor Rodríguez-Doncel,
and Leendert van der Torre

Ontology Modeling for Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

Chiseung Soh, Seungtak Lim, Kihyun Hong, and Young-Yik Rhim

ContrattiPubblici.org, a Semantic Knowledge Graph on Public

Procurement Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
Giuseppe Futia, Federico Morando, Alessio Melandri, Lorenzo Canova,
and Francesco Ruggiero

Application of Ontology Modularization for Building a Criminal

Domain Ontology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
Mirna El Ghosh, Hala Naja, Habib Abdulrab, and Mohamad Khalil

A Linked Data Terminology for Copyright Based on Ontolex-Lemon . . . . . . 410

Víctor Rodriguez-Doncel, Cristiana Santos, Pompeu Casanovas,
Asunción Gómez-Pérez, and Jorge Gracia

Legal Argumentation

Anything You Say May Be Used Against You in a Court of Law:

Abstract Agent Argumentation (Triple-A). . . . . . . . . . . . . . . . . . . . . . . . . . 427
Ryuta Arisaka, Ken Satoh, and Leendert van der Torre

A Machine Learning Approach to Argument Mining in Legal Documents . . . 443

Prakash Poudyal

Answering Complex Queries on Legal Networks: A Direct

and a Structured IR Approaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
Nada Mimouni, Adeline Nazarenko, and Sylvie Salotti

Inducing Predictive Models for Decision Support

in Administrative Adjudication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
L. Karl Branting, Alexander Yeh, Brandy Weiss, Elizabeth Merkhofer,
and Bradford Brown

Arguments on the Interpretation of Sources of Law . . . . . . . . . . . . . . . . . . . 478

Robert van Doesburg and Tom van Engers
XII Contents

Courts, Adjudication and Dispute Resolution

Dynamics of the Judicial Process by Defeater Activation . . . . . . . . . . . . . . . 495

Martín O. Moguillansky and Guillermo R. Simari

Claim Detection in Judgments of the EU Court of Justice . . . . . . . . . . . . . . 513

Marco Lippi, Francesca Lagioia, Giuseppe Contissa,
Giovanni Sartor, and Paolo Torroni

A Non-intrusive Approach to Measuring Trust in Opponents

in a Negotiation Scenario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
Marco Gomes, John Zeleznikow, and Paulo Novais

Network, Visualization, Analytics. A Tool Allowing Legal Scholars

to Experimentally Investigate EU Case Law . . . . . . . . . . . . . . . . . . . . . . . . 543
Nicola Lettieri, Sebastiano Faro, Delfina Malandrino,
Armando Faggiano, and Margherita Vestoso

Electronic Evidence Semantic Structure: Exchanging Evidence Across

Europe in a Coherent and Consistent Way . . . . . . . . . . . . . . . . . . . . . . . . . 556
Maria Angela Biasiotti, Sara Conti, and Fabrizio Turchi

Author Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575

 Introduction: Legal and Ethical Dimensions
of AI, NorMAS, and the Web of Data

Ugo Pagallo1(&) , Monica Palmirani2 , Pompeu Casanovas3,4 ,

Giovanni Sartor2 , and Serena Villata5
1
Torino Law School, University of Torino, Lungo Dora Siena 100, 10153
Turin, Italy
[email protected]
2
CIRSFID, University of Bologna, via Zamboni 33, 40126 Bologna, Italy
{monica.palmirani,giovanni.sartor}@unibo.it
3
CRC D2D, La Trobe Law School, Bundoora Campus, Melbourne, Australia
[email protected]
4
IDT, Autonomous University of Barcelona, Bellaterra, Spain
5
INRIA Sophia Antipolis, Sophia Antipolis Cedex, France
[email protected]

Abstract. AICOL workshops aim to bridge the multiple ways of understanding

legal systems and legal reasoning in the field of AI and Law. Moreover, they pay
special attention to the complexity of both legal systems and legal studies, on
one hand, and the expanding power of the internet and engineering applications,
on the other. Along with a fruitful interaction and exchange of methodologies
and knowledge between some of the most relevant contributions to AI work on
contemporary legal systems, the goal is to integrate such a discussion with legal
theory, political philosophy, and empirical legal approaches. More particularly,
we focus on four subjects, namely, (i) language and complex systems in law;
(ii) ontologies and the representation of legal knowledge; (iii) argumentation and
logics; (iv) dialogue and legal multimedia.

Keywords: AI & law
Legal theory
Complex systems
Semantic web

Legal ontologies
Legal semantic web services
Argumentation

1 Introduction

The first volume of this workshop series on Artificial Intelligence approaches to the
complexity of legal systems (AICOL) was released at the very beginning of this decade
(2010). In the meanwhile, the field of Artificial Intelligence (“AI”) has known a new
renaissance: for instance, according to the tally Google provided to MIT Technology
Review in March 2017, the company published 218 journal or conference papers on
machine learning in 2016 alone, nearly twice as many as it did two years before [1].
Google’s AI explosion illustrates a more general trend that has to do with the
improvement of more sophisticated statistical and probabilistic methods, the increasing
availability of large amount of data and of cheap, enormous computational power, up to
the transformation of places and spaces into AI-friendly environments, e.g. smart cities

© Springer Nature Switzerland AG 2018

U. Pagallo et al. (Eds.): AICOL VI-X 2015–2017, LNAI 10791, pp. 1–20, 2018.
https://doi.org/10.1007/978-3-030-00178-0_1
2 U. Pagallo et al.

and domotics. All these factors have propelled a new ‘summer’ for AI. After the
military and business sectors, AI applications have entered into people’s lives. From
getting insurance to landing credit, from going to college to finding a job, even down to
the use of GPS for navigation and interaction with the voice recognition features on our
smartphones, AI is transforming and reshaping people’s daily interaction with others
and their environment. Whereas AI apps and systems often go hand-in-hand with the
breath-taking advancements in the field of robotics, the internet of things, and more, we
can grasp what is going on in this field in different ways [2]. Suffice it to mention in this
context two of them.
First, according to the Director of the Information Innovation Office (I2O) at the
Defense Advanced Research Projects Agency (DARPA) in the U.S. Department of
Defense, John Launchbury, there would have been so far two waves of research in AI.1
The first wave concerns systems based on “handcrafted knowledge,” such as programs
for logistics scheduling, programs that play chess, and in the legal domain, TurboTax.
Here, experts turn the complexity of the law into certain rules, and “the computer then
is able to work through these rules.” Although such AI systems excel at complex
reasoning, they were inadequate at perception and learning. In order to overcome these
limits, we thus had to wait for the second wave of AI, that is, systems based on
“statistical learning” and the “manifold hypothesis.” As shown by systems for voice
recognition and face recognition, the overall idea is that “natural data forms lower-
dimensional structures (manifolds) in the embedding space” and that the task for a
learning system is to separate these manifolds by “stretching” and “squashing” the
space.2
Along these lines, Richard and Daniel Susskind similarly propose to distinguish
between a first generation and a second generation of AI systems, namely, between
expert systems technologies and systems characterized by major progress in Big Data
and search [3]. What this new wave of AI entails has to do more with the impact of AI
on society and the law, than the law as a rich test bed and important application field for
logic-based AI research. Whether or not the first wave aimed to replicate knowledge
and reasoning processes that underpin human intelligence as a form of deductive logic,
the second wave of AI brings about “two possible futures for the professions,” that is,
either a more efficient version of the current state of affairs, or a profound transfor-
mation that will displace much of the work of traditional professionals. According to
this stance, we can thus expect that “in the short and medium terms, these two futures
will be realized in parallel.” Yet, the thesis of Richard and Daniel Susskind is that the
second future will prevail: in their phrasing, “we will find new and better ways to share
expertise in society, and our professions will steadily be dismantled” [3].
Against this highly problematical backdrop, three different levels of analysis should
be however differentiated. They concern the normative challenges of the second wave
of AI from a political, theoretical, and technical viewpoint, namely (i) the political
decisions that should be—or have already been—taken vis-à-vis current developments

1
See the video entitled “A DARPA Perspective on Artificial Intelligence,” available online at https://
youtube/-O01G3tSYpU.
2
Ibid.
 Introduction: Legal and Ethical Dimensions of AI, NorMAS, and the Web of Data 3

of e.g. self-driving cars, or autonomous lethal weapons; (ii) the profound transforma-
tions that affect today’s legal systems vis-à-vis the employment of e.g. machine
learning techniques; and, (iii) the advancements in the state-of-the-art that regard such
areas, as semantic web applications and language knowledge management in the legal
domain, or ejustice advanced applications. Each one of these levels of analysis is
deepening in the following sections.

2 Architectural Challenges

The political stance on current developments of AI hinges on a basic fact: the more the
second wave of AI advances, the more AI impacts on current pillars of society and the
law, so that political decisions will have to be taken as regards some AI applications,
such as lethal autonomous weapons, or self-driving cars. Over the past years, scholars,
non-profit organizations, and institutions alike have increasingly stressed the ethical
concerns and normative challenges brought about by many autonomous and intelligent
system designs [4–6]. The aim of the law to govern this field of technological inno-
vation suggests that we should distinguish between two different levels of political
intervention, that is, either through the primary rules of the law, or through its sec-
ondary rules [7].
According to the primary rules of the law, the goal is to directly govern social and
individual behaviour through the menace of legal sanctions. Legislators have so far
aimed to attain this end through methods of accident control that either cut back on the
scale of the activity via, e.g., strict liability rules, or intend to prevent such activities
through bans, or the precautionary principle. Regulations can be divided into four
different categories, that is, (a) the regulation of human producers and designers of AI
systems through law, e.g. either through ISO standards or liability norms for users of
AI; (b) the regulation of user behaviour through the design of AI, that is, by designing
AI systems in such a way that unlawful actions of humans are not allowed; (c) the
regulation of the legal effects of AI behaviour through the norms set up by lawmakers,
e.g. the effects of contracts and negotiations through AI applications; and, (d) the
regulation of AI behaviour through design, that is, by embedding normative constraints
into the design of the AI system [8].
Current default norms of legal responsibility can entail however a vicious circle,
since e.g. strict liability rules—let aside bans, or the precautionary principle—may end
up hindering research and development in this field. The recent wave of extremely
detailed regulations on the use of drones by the Italian Civil Aviation Authority, i.e.
“ENAC,” illustrates this deadlock. The paradox stressed in the field of web security
decades ago, could indeed be extended with a pinch of salt to the Italian regulation on
the use of drones as well: the only legal drone would be “one that is powered off, cast in
a block of concrete and sealed in a lead-lined room with armed guards – and even then
I have my doubts.” [9] As a result, we often lack enough data on the probability of
events, their consequences and costs, to determine the levels of risk and thus, the
amount of insurance premiums and further mechanisms, on which new forms of
accountability for the behaviour of such systems may hinge. How, then, can we prevent
legislations that may hinder the research in AI? How should we deal with the peculiar
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