Information Society and Network Effect

Information Society

• Characterized by a shift from industrial society to one heavily reliant on information and communication technologies (ICTs).
• Key characteristics (Castells): information as raw material, pervasive technology effects, interconnectedness, flexibility, and convergence.
• Network society: interactions transcend geographical boundaries.
• "Esse est percipi": social reality is represented in ICT systems, with humans increasingly overseeing automated information processing.
• The rise of big data and artificial intelligence (AI) presents opportunities and challenges.
• Concerns include privacy, autonomy, inequality, and the spread of misinformation (synthetic society).

Network Effect

• The value of a network increases as more users join.
• Rapid adoption and potential for monopolies are associated with the network effect.
• Information asymmetry—sellers often know more than consumers—may distort markets.
• "Long tail" phenomenon: reduced distribution costs enable diverse product offerings, benefiting consumers and niche sellers.

Digital Law

• Focuses on legal issues concerning computers.
• Covers intellectual property, data protection, electronic documents, virtual identity, e-commerce, and e-government.

Computers: Precursors and Architecture

• Early computational devices included the abacus and 17th-18th century mechanical calculators.
• Babbage's Analytical Engine was a pivotal conceptual precursor.
• Programmable machines, like the Jacquard loom and Turing machine, revolutionized computation.
• The Turing machine illustrates the concept of a universal machine that can process any algorithm.
• The halting problem—the inherent inability to determine whether a program will halt—has critical implications regarding legal liability in software development.
• Von Neumann architecture: a fundamental computer architecture with a central processing unit (CPU), internal memory, and input/output devices.
• Moore's Law describes the exponential increase in transistor counts on integrated circuits, leading to smaller, faster, and cheaper computers.

Computers: Software and Hardware

• Hardware refers to the physical components of computers (CPU, memory, input/output devices).
• Software comprises instructions, programs, and data, enabling interaction between users and hardware.
• System software (operating systems) manages hardware functions.
• Application software (e.g., word processors, browsers) performs user-specific tasks.

Digital Representations

• Analog representation: continuous physical quantities.
• Digital representation: discrete numerical values.
• Digital representation is more precise and durable than analog, and compatible with computers.

Personal Computers, Networks, and Cloud Computing

• Client-server model: dedicated servers provide services to client computers.
• Peer-to-peer (P2P) model: each computer acts as both client and server.
• Cloud computing offers online access to software, data, and services.
• Cloud computing offers cost reduction, efficiency, and better backup.

Boolean Algebra and Computers

• Boolean algebra uses binary values (TRUE/FALSE, 1/0) and logical operators.
• Logic gates (AND, OR, NOT) are crucial components in digital circuits.

Files and Formats

• Files are collections of data identified by names.
• Structured files use schemas for organized storage (e.g., databases).
• Unstructured text files contain sequences of words with formatting information.

Databases and Information Retrieval Systems

• Databases store structured information.
• Information retrieval systems enable searching and retrieving from large text collections.
• Indexing systems (indexer and search engine) aid in locating relevant texts.
• Queries can use logical operators (AND, OR, NOT).
• System performance is measured by recall and precision.

Markup Languages

• Markup languages annotate documents using tags.
• HTML (Hypertext Markup Language) is a procedural markup language for web pages.
• XML (Extensible Markup Language) is a declarative meta-language for annotating various types of documents.

Legal Ontologies

• Legal ontologies model and reason about legal knowledge formally.
• OWL (Ontology Web Language) is a key language in ontology development.
• Various ontology types exist: foundational, core legal, domain.

Cryptography and Digital Signatures

• Cryptography secures data transmission and verification.
• Symmetric cryptography uses the same key for encryption and decryption.
• Asymmetric cryptography employs distinct public and private keys.
• Digital signatures verify document authenticity and integrity.

EU and Italian Law on Electronic Signatures

• EU and Italian law regulate e-signatures, differentiating electronic, advanced, and qualified signatures.
• Advanced e-signatures require unique signatory association.
• Qualified e-signatures use qualified certificates and devices.

Blockchain Technology

• Blockchain is a decentralized, secure system based on asymmetric cryptography and P2P networking.
• Blockchain applications include cryptocurrencies and smart contracts.

Big Data and Algorithmic Decision-Making

• Big data represents high volumes, velocity, and variety of digital information.
• Algorithmic decision-making employs various techniques (classical, rule-based, machine learning).
• Data analysis yields valuable insights from large datasets, supporting various fields.
• Potential for bias and discrimination necessitates careful data analysis and algorithmic development.

Internet

• Internet infrastructure comprises physical connections, protocols, devices, and virtual entities.
• Packet switching is crucial in internet communication.
• TCP/IP is essential for seamless data transfer.

Internet Layers and Protocol Stack

• The Internet Protocol Stack (TCP/IP) consists of layers: Application, Transport, Network, Data Link, and Physical.
• This layering system enables flexible and scalable network communication.
• Protocols in each layer add headers with context information for proper data flow.

Internet Governance

• Internet governance encompasses technical, political, and economic aspects of the Internet.
• Key organizations like the Internet Society and ICANN ensure coordination and standardization.

Internet Intermediaries and the Law

• Intermediaries play a vital role in the online ecosystem.
• E-Commerce Directive (ECD), and Digital Services Act (DSA) regulate their conduct, regarding content liability and data protection.
• Concerns exist about intermediaries' power and potential for bias or manipulation, demanding increased transparency and accountability.

Digital Services Act (DSA) and E-Commerce Directive (ECD)

• The DSA updates the ECD, emphasizing transparency and accountability in content moderation.
• Intermediaries must adhere to a due diligence regime.

Digital Market Act (DMA)

• The DMA aims to ensure fair competition in digital markets.
• Gatekeepers—companies with significant market influence—face strict obligations related to data, interoperability, and user rights.

Artificial Intelligence Act

• The EU Al Act establishes a risk-based framework for Al systems.
• Systems pose high risks due to their impact on fundamental rights, safety, and health face enhanced regulations and oversight.

Knowledge-Based Systems

• Knowledge-based systems (KBS) focus on how knowledge is formally represented and processed.
• They replicate internal cognitive processes and enable explanation features, which is critical in legal domain applications.

Copyright in the Digital Space and Software Protection

• Copyright safeguards authorship, artistic expression, and software (as literary works).
• The "first sale doctrine" and "exhaustion of rights" limit control after the first sale.
• The Berne Convention and national copyright laws regulate software and literary work protection.
• Copyright encompasses source code, object code, and preparatory materials.
• Creative Commons (CC) licenses provide flexible alternatives, offering specific types of authorizations and rights.

Free Software and Open Source Models

• Free software (open source) focuses on accessibility, knowledge sharing, and user control.
• It offers a contrast to the traditional proprietary models, encouraging collaborative development and innovation.

Patent Protection

• Patents protect inventions and industrial designs.
• Patents for software are possible as part of a broader invention.
• Certain subjects, like mathematical models, creative concepts, etc, are not patentable.

Liability in Automated Systems

• Liability for damages arising from automated systems is complex.
• Responsibility can shift from operators to companies designing or deploying the technology.
• EU proposals address AI liability through directives such as the Product Liability Directive and the AI Liability Directive.

General Data Protection Regulation (GDPR)

• The GDPR regulates the processing of personal data.
• It outlines principles like lawfulness, fairness, and transparency, and allows individuals to exercise rights like access, restriction, portability, and erasure.
• Legal basis for data processing includes consent, necessity for contractual fulfillment, legal obligation, vital interests, public interest, and legitimate interest.
• Individuals have specific rights regarding their personal data.
• Supervision and enforcement mechanisms ensure compliance.