Giovanni Sartor

In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also for the concepts of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution.

Machine learning classifiers are increasingly used to inform, or even make, decisions significantly affecting human lives. Fairness concerns have spawned a number of contributions aimed at both identifying and addressing unfairness in algorithmic decision-making. This paper critically discusses the adoption of group-parity criteria (e.g., demographic parity, equality of opportunity, treatment equality) as fairness standards. To this end, we evaluate the use of machine learning methods relative to different steps of the decision-making process: assigning a predictive score, linking a classification to the score, and adopting decisions based on the classification. Throughout our inquiry we use the COMPAS system, complemented by a radical simplification of it (our SAPMOC I and SAPMOC II models), as our running examples. Through these examples, we show how a system that is equally accurate for different groups may fail to comply with group-parity standards, owing to different base rates in the population. We discuss the general properties of the statistics determining the satisfaction of group-parity criteria and levels of accuracy. Using the distinction between scoring, classifying, and deciding, we argue that equalisation of classifications/decisions between groups can be achieved thorough group-dependent thresholding. We discuss contexts in which this approach may be meaningful and useful in pursuing policy objectives. We claim that the implementation of group-parity standards should be left to competent human decision-makers, under appropriate scrutiny, since it involves discretionary value-based political choices. Accordingly, predictive systems should be designed in such a way that relevant policy goals can be transparently implemented. Our paper presents three main contributions: (1) it addresses a complex predictive system through the lens of simplified toy models; (2) it argues for selective policy interventions on the different steps of automated decision-making; (3) it points to the limited significance of statistical notions of fairness to achieve social goals.

Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work.

In a world of human-only readers, a trade-off persists between comprehensiveness and comprehensibility: only privacy policies too long to be humanly readable can precisely describe the intended data processing. We argue that this trade-off no longer exists where LLMs are able to extract tailored information from clearly-drafted fully-comprehensive privacy policies. To substantiate this claim, we provide a methodology for drafting comprehensive non-ambiguous privacy policies and for querying them using LLMs prompts. Our methodology is tested with an experiment aimed at determining to what extent GPT-4 and Llama2 are able to answer questions regarding the content of privacy policies designed in the format we propose. We further support this claim by analyzing real privacy policies in the chosen market sectors through two experiments (one with legal experts, and another by using LLMs). Based on the success of our experiments, we submit that data protection law should change: it must require controllers to provide clearly drafted, fully comprehensive privacy policies from which data subjects and other actors can extract the needed information, with the help of LLMs.

Criminal liability for acts committed by AI systems has recently become a hot legal topic. This paper includes three different contributions. The first contribution is an analysis of the extent to which an AI system can satisfy the requirements for criminal liability: accomplishing an actus reus, having the corresponding mens rea, possessing the cognitive capacities needed for responsibility. The second contribution is a discussion of criminal activity accomplished by an AI entity, with reference to a recent case involving an online bot, the Random Darknet Shopper. This discussion will provide the context for the analysis of commonalities and differences between criminal activities by humans and by artificial systems. The third contribution concerns the evaluation of different ways of addressing criminal activities by AI systems in a regulatory perspective.