Burkhard Schafer

This document discusses the status of research on detection and prevention of financial fraud undertaken as part of the IST European Commission funded FF POIROT (Financial Fraud Prevention Oriented Information Resources Using Ontology Technology) project. A first task has been the specification of the user requirements that define the functionality of the financial fraud ontology to be designed by the FF POIROT partners. It is claimed here that modeling fraudulent activity involves a mixture of law and facts as well as inferences about facts present, facts presumed or facts missing. The purpose of this paper is to explain this abstract model and to specify the set of user requirements.

How can digitised assets of Galleries, Libraries, Archives and Museums be reused to unlock new value? What are the implications of viewing large-scale cultural heritage data as an economic resource, to build new products and services upon? Drawing upon valuation studies, we reflect on both the theory and practicalities of using mass-digitised heritage content as an economic driver, stressing the need to consider the complexity of commercial-based outcomes within the context of cultural and creative industries. However, we also problematise the act of considering such heritage content as a resource to be exploited for economic growth, in order to inform how we consider, develop, deliver and value mass-digitisation. Our research will be of interest to those wishing to understand a rapidly changing research and innovation landscape, those considering how to engage memory institutions in data-driven activities and those critically evaluating years of mass-digitisation across the heritage sector.

This paper analyses some current jurisprudential and conceptual issues in evidence and procedure from the perspective of a computational legal theory. It introduces a specific investigative device, Trojans operated by police during crime investigation, and analyses whether current formal approaches to legal reasoning can be modified in such a way that the software code underlying this device can represent the relevant legal constraints that should govern its operation. We will argue that traditional formalist theories of legal reasoning are typically restricted to reasoning within a system, and incapable therefore of making the notion of “legal system” sufficiently explicit. We discuss possibilities to expand on these approaches and identify the necessary elements of a computational theory of legal reasoning in an age of porous borders.Resumen:En este ensayo se analizan algunos tópicos conceptuales y filosóficos de actualidad sobre el procedimiento y las pruebas desde la óptica de una teoría del derecho computacional. En él se presenta un mecanismo específico de investigación, relativo a los “troyanos” operados por la policía durante la investigación de delitos, y analiza si los enfoques formales contemporáneos sobre el razonamiento jurídico pueden ser modificados de tal modo que el código de sofware que subyace a este mecanismo puede representar las limitaciones jurídicas relevantes que deberían regir su operación. Los autores sostienen que las teorías formalistas tradicionales del razonamiento jurídico se limitan por lo general al razonamiento dentro de un sistema y, por lo tanto, son incapaces de hacer la noción de “sistema jurídico” suficientemente explícita. Asimismo, se discuten las posibilidades de ampliar estos enfoques e identificar los elementos necesarios de una teoría computacional del razonamiento jurídico en una era de fronteras porosas.

This article reports the findings of AI4People, an Atomium—EISMD initiative designed to lay the foundations for a “Good AI Society”. We introduce the core opportunities and risks of AI for society; present a synthesis of five ethical principles that should undergird its development and adoption; and offer 20 concrete recommendations—to assess, to develop, to incentivise, and to support good AI—which in some cases may be undertaken directly by national or supranational policy makers, while in others may be led by other stakeholders. If adopted, these recommendations would serve as a firm foundation for the establishment of a Good AI Society.

The European Medical Information Framework project, funded through the IMI programme, has designed and implemented a federated platform to connect health data from a variety of sources across Europe, to facilitate large scale clinical and life sciences research. It enables approved users to analyse securely multiple, diverse, data via a single portal, thereby mediating research opportunities across a large quantity of research data. EMIF developed a code of practice to ensure the privacy protection of data subjects, protect the interests of data sharing parties, comply with legislation and various organisational policies on data protection, uphold best practices in the protection of personal privacy and information governance, and eventually promote these best practices more widely. EMIF convened an Ethics Advisory Board, to provide feedback on its approach, platform, and the EcoP. The most important challenges the ECoP team faced were: how to define, control and monitor the purposes for which federated health data are used; the kinds of organisation that should be permitted to conduct permitted research; and how to monitor this. This manuscript explores those issues, offering the combined insights of the EAB and EMIF core ECoP team. For some issues, a consensus on how to approach them is proposed. For other issues, a singular approach may be premature but the challenges are summarised to help the community to debate the topic further. Arguably, the issues and their analyses have application beyond EMIF, to many research infrastructures connected to health data sources.

We are living in an algorithmic age where mathematics and computer science are coming together in powerful new ways to influence, shape and guide our behaviour and the governance of our societies. As these algorithmic governance structures proliferate, it is vital that we ensure their effectiveness and legitimacy. That is, we need to ensure that they are an effective means for achieving a legitimate policy goal that are also procedurally fair, open and unbiased. But how can we ensure that algorithmic governance structures are both? This article shares the results of a collective intelligence workshop that addressed exactly this question. The workshop brought together a multidisciplinary group of scholars to consider barriers to legitimate and effective algorithmic governance and the research methods needed to address the nature and impact of specific barriers. An interactive management workshop technique was used to harness the collective intelligence of this multidisciplinary group. This method enabled participants to produce a framework and research agenda for those who are concerned about algorithmic governance. We outline this research agenda below, providing a detailed map of key research themes, questions and methods that our workshop felt ought to be pursued. This builds upon existing work on research agendas for critical algorithm studies in a unique way through the method of collective intelligence.

Proliferation of data processing and data storage devices in the Internet of Things poses significant privacy risks. At the same time, faster and faster use-cycles and obsolescence of devices with electronic components causes environmental problems. Some of the solutions to the environmental challenges of e-waste include mandatory recycling schemes as well as informal second hand markets. However, the data security and privacy implications of these green policies are as yet badly understood. This paper argues that based on the experience with second hand markets in desktop computers, it is very likely that data that was legitimately collected under the household exception of the Data Protection Directive will “leak” into public spheres. Operators of large recycling schemes may find themselves inadvertently and unknowingly to be data controller for the purpose of Data Protection law, private resale of electronic devices can expose the prior owner to significant privacy risks.

The chapter traces the co-evolution of probability theory and inductive reasoning in the sciences and the law, from the early beginnings in the eighteenth century to problems in contemporary discussions on how to interpret and quantify DNA evidence. In addition to being a useful technique for what? ‘The adminstration of criminal justice’? I have never thought of philosophy and epistemology as being ‘techniques’, the philosophical and epistemological context also casts light on the “quest for certainty” in legal reasoning and in legal reasoning and ultimately our ideal of justice.

Ruderalflächen (von lat. rudus: Schutt, Trümmer) sind Sekundärwildnisse wie zum Beispiel Wegränder, Bahndämme, Ödplätze und stillgelegte Industrieanlagen. Solche und ähnliche Unberühmte Orte beginnen sich um 1919 in der Literatur des Magischen Realismus bei 'unberühmten' AutorInnen wie zum Beispiel Oskar Loerke, Wilhelm Lehmann und Elisabeth Langgässer herauszubilden. Die Trümmerliteratur nach 1945 (Heinrich Böll, Günter Eich etc.) hat diese Topographien beerbt und radikalisiert. In der Literatur zum Mauerfall (ab 1989) haben Ruderalflächen bei ostdeutschen Autoren wie zum Beispiel Wolfgang Hilbig und Reinhard Jirgl dann wieder Konjunktur. Die Studie geht aus von der Beobachtung, daß es in Deutschland mehrere Trümmerliteraturen gegeben hat. Der Topos der Ruderalfläche erweist sich dabei immer wieder als eine zentrale poetologische Reflexionsfigur der Texte.

The paper introduces an approach to privacy enhancing technologies that sees privacy not merely as an individual right, but as a public good. This idea finds its correspondence in our approach to privacy protection through obfuscation, where everybody in a group takes a small privacy risk to protect the anonymity of fellow group members. We show how these ideas can be computationally realised in an Investigative Data Acquisition Platform. IDAP is an efficient symmetric Private Information Retrieval protocol optimised for the specific purpose of facilitating public authorities’ enquiries for evidence.

Following an idea first proposed by Jerzy Wróblewski, this paperexamines the usefulness of formal logic for comparative legal analysis. Subject of the comparison are the doctrines of mistake and attempt in Germanand English criminal law. These doctrines are distinguished by the interaction of deontic, epistemic and alethic modalities. I propose a purely extensional logic which is based on Leśniewski’s substitutional interpretation ofquantification to analyse differences in the logical structure of the variouscriminal law doctrines

Jon Bing was not only a pioneer in the field of artificial intelligence and law and the legal regulation of technology. He was also an accomplished author of fiction, with an oeuvre spanning from short stories and novels to theatre plays and even an opera. As reality catches up with the imagination of science fiction writers who have anticipated a world shared by humans and non-human intelligences of their creation, some of the copyright issues he has discussed in his academic capacity take on new resonance. How will we regulate copyright when robots are producers and consumers of art? This paper tries to give a sketch of the problem and hints at possible answers that are to a degree inspired by Bing’s academic and creative writing.