WEEK3 GTS231 Law and Technology 2.pdf

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 3: LAWS RELATED TO TECHNOLOGY & TECHNOLOGY RELATED TO LAW Week...

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 3: LAWS RELATED TO TECHNOLOGY & TECHNOLOGY RELATED TO LAW Week 3: Outline The poverty of law and technology Law and technology building blocks Law related to technology Technology related to law Law vs. Ethics 2  LAWS RELATED TO TECHNOLOGY everbody should concern laws related to technology his this low to apply everyone Connections between Law & Technology to fill up loophole Generic Laws vs. Specific Laws (as discussed). Connections between law and technology are not just about laws that are related to technology. It should reflect a broader framework which includes the aspect about technology related to law as well. LAW TECHNOLOGY 4 The Poverty of Law & Technology Technology is changing rapidly. This usually leads to legal issues, concerns or questions. Books or research articles that talks about these topic is usually written by lawyers. Cultural anxieties surrounding certain technologies can be seen as being channelled into the legal domain i.e. gaps within jurisdictions. 5 What Makes Technology-related Law? Society, Culture, Technology: They are all related in a real-world practice (with soft boundaries). These components can influence law development process. Laws are in charge and can be applied to relevant aspects. 6 Laws for Governing Relevant Topics Some technology-related topics are to be regulated or prohibited by law in order to bring about peace and good morals. For example: ❑ Cyber law: considered the growth of ICT and also projected an ICT future whose legality needed thinking about in the then present. ❑ Intellectual property (IP): The IP right over computer programs. ❑ Cloning: The possible future human cloning for therapies and reproduction. 7  logel insue bully Cyber Law Scopes d say something but ~ social media create minic 2/ facial Image source: https://pixabay.com/ https://economictimes.indiatimes.com/industry/indl-goods/svs/engineering/atm-industry-seeks-lower-gst-rate-stimulus-to-address-covid-19- challenges/articleshow/75624153.cms?from=mdr 8 https://www.freepik.com/ Intellectual Property Scopes Image source: https://www.symfact.com/2020/10/30/why-is- intellectual-property-management-important/ 9  Other Relevant Topics reproduce living things with exactly sure identity gi HIJ Ge Dolly and Polly: The cloned sheep from a technique of genetic engineering (John Chadwick/AP) 10 Broad Definitions According to Cockfield (2004): LAW: All government institutions that strive to regulate individual or business conduct, including court decisions, legislation, administrative rulings and government policies. TECHNOLOGY: Human modification of the environment for a useful purpose. 11 Need Looking Around in Different Angles There has yet to be a strong interdisciplinary tradition of law and technology. It is also important to gain better understandings of the relationship between law and technology and their social impacts. Example of related disciplines: Criminology Technology studies Science fiction criticism Social research 12 The Needs of Special Laws Traditional legal analysis is incomplete when it fails to consider policy within a broader context of technological changes. Legislation of special laws are needed. 13  How does the Internet impact The three the law? layers of the Internet Considering the 3 layers of the Internet: hacking 1st Layer: Physical Infrastructure 2nd Layer: Service Infrastructure 3rd Layer: Electronic commerce 14  Civil and Commercial Code Criminal Code Copyright Act B.E. 2537 (1994) Recall: List of Patent Act B.E. 2522 (1979) Technology- Electronic Transactions Act B.E. 2544 (2001) related Laws in Computer-related Crime Act Thailand B.E. 2550 (2007) and the Act Amending Computer-related Crime Act B.E. 2560 (2017) etc. 15 Thai Digital Law Timeline 2001 O 2562 E PDPA 16 TECHNOLOGY RELATED TO LAW Use of Computer in Law Administrative System: using basic programs to assist law office works. e.g. - Word processing: generate and edit documents. - Spreadsheet: record and compute accounting and billing information. - Database: store and track case files. 18 Use of Computer in Law Text Retrieval System: using computer system to search for specific texts (messages, words, characters). Very often, the law areas involve working with lots of text data. Searching from database are therefore a useful shortcut in finding related document or contents. e.g. - Law Codes - Supreme Court Judgements - Case files 19 Text Retrieval System Text retrieval system utilizes the mathematical concepts of “set theory”. Union ~ Intersection M Difference - Complement I A How can this be applied to law? 20 Computer Simulation in Legal Education and Trial Imitation: real-world target situation Modelling: Static structure Animated behavior Developmental approaches: Physical modelling Mathematical modelling Logical modelling Descriptive modelling: dramatic simulations, games, computer simulations 21 Use of Other Technology in Law Forensic Science: e.g. DNA testing, material evidence in crime scene. Forensic medicine: e.g. Toxic, cause of death. Medicine: e.g. incompetence of person. Physics: e.g. traffic offence. GPS technology: e.g. land measurement AI systems Statistics etc. 22 Forensics: Airport Security Detection of … Weapons Narcotic substances Other illegal items 23 Physics: Traffic Offence Image source: https://doi.org/10.1016/j.mcm.2011.02.043 24 GPS Technology: Land Measurement Image source: https://dol-rtknetwork.com/index.php/npage/view/11 25 Artificial Intelligence Roles Legal Knowledge, Based System and Expert System Case-based reasoners Neural networks Fuzzy logic-based system etc. 26 Malicious Transaction Detection 27 Facial Recognition 28 Fingerprint Identification 29 Activity Recognition and Behavioral Analysis Source: Shuai, Bing & Bergamo, Alessandro & Büchler, Uta & Berneshawi, Andrew & Boden, Alyssa & Tighe, Joseph. (2022). Large Scale Real-World Multi-person Tracking. 10.1007/978-3-031-20074-8_29; P. Witchutanon, S. Deepaisarn, J. Karnjana, B-on-track (improved version). 30  LAW VS. ETHICS Law vs. Ethics Ethics define good practice that people in the same society or a specific profession should follow. DIFFERENCES to law: i.e. Ethics represent… - Intrinsic thought of people that reflect people mind. - Unofficial regulations. - No legal enforcement. - Social sanction is the result of ethical breach (as opposed to legal sanctions). 32 Action and Consequences Thought Intention Experience Envision Prediction Feeling Cognition Immediate Resulting Action circumstance consequences Suggestion 33 Maxim (Law & Custom) An eye for an eye, and a tooth for a tooth. Originated in the ancient Mesopotamian Empire during Hammurabi’s rule in the 18th century BC. 34 References Laws Related to Computer (2015), Chapter 1 and 2, Ramkhamhaeng University Press, by P. Sawaddisarn. LAW: Digital Information, Business and Legal English, Chapter 1, by W. Neitivanich et al. The Laws of Technology and the Technology of Law (2011), Griffith Law Review 20(4), by K. Tranter. Towards a Law and Technology Theory (2004), Manitoba Law Journal 30(3), by A. J. Cockfield. 35