2. Definition of Law
• Law is a set of pre-set rules meant for the purpose of keeping the
peace and security in society
• Law is social engineering which means a balance between the
competing interests in society
3. Definition of Technology
• The use of scientific knowledge for practical purposes or applications,
whether in industry or in our everyday lives.
4. 'Law and Technology: Interactions and
Relationships'
• Law and technology interact when legal rules foster or retard the
development of technology.
• They also interact when society decides that technology produces
undesirable results and employs legal rules to contain or modify those
results."- Daniel J. Gifford,
5. Introduction
• The relations between law and technology are both simple and exceedingly
complex.
• At the most elementary level, technology consists in the application of labor to
create a product, to generate a service or otherwise to produce a desired result.
• Technology develops as ways are found to produce new results or to produce old
results using fewer or less costly inputs.
• Law is generally understood to exist as a set of rules adopted by a society’s
governing institutions that are applicable to all of its inhabitants.
• All modern societies have established institutions charged with making
determinations about the applicability and interpretations of these rules.
• They have also established institutions that enforce the rules.
• Law and technology interact when legal rules foster or retard the development of
technology.
• They also interact when society decides that technology produces undesirable
results and employs legal rules to contain or modify those results.
6. .
• The relationship between law and technology in the dimension of time is
a popular theme in legal and policy circles, usually recurring as a critique
of outdated laws.
• We stand at a moment of transformation in the conditions of economic
production and human freedom a moment wrought by a cluster of
technological shifts and, in large measure, are managed through law.
• Law already is and will continue to be, a major domain in which the
conditions of tomorrow are negotiated, but it cannot be thought of
without understanding the technological, economic, and social context in
which it operates and the historical moment at which it intersects with
these other disciplines.
7. • A systematic dedication to understanding how technology affects life and
how the law interacts with technology is a precondition to understanding
the stakes and implications of today's institutional battles
• In these debates, law is most often portrayed as falling behind technology
as both travel together along the dimension of time. Sometimes they
reflect some insight into the challenge faced in ensuring law remains
relevant, appropriate, comprehensive, well-adapted and clear in the face of
an ever-evolving socio-technical landscape.
• Law’s struggle in the face of socio-technical change has been referred to as
the pacing problem or the challenge of regulatory connection.
8. What is Technology?
• Technology which derived ―from Greek term, ―art, skill, the cunning
of hand, and logic is the collection of tools, including machinery,
modifications, arrangements, and procedures used by humans.
• Engineering is a discipline that seeks to study and design new
technologies.
• Technologies significantly affect human as well as other animal
species‘ ability to control and adapt to their natural environments.
• The term can either be applied generally or to specific areas-
examples include construction technology, medical technology, and
information technology.
9. Rise of Technological Economy
• The networked personal computer inverts the capital structure of information
production and exchange that has been the stable fact for over one hundred and fifty
years. While the exact number is difficult to pin down, somewhere between six hundred
million and one billion people around the globe now own the basic physical capital
necessary to reduce information, knowledge, and culture, and to participate in the global
economy centered on them.
• That means that almost one billion people on the planet now have the freedom to
decide to produce information or culture simply because they want to – they already
have access to the physical requirements and the human intuition, wisdom, and
creativity necessary to do so.
• They do not need a business plan to write software to serve a need they have. If they
know how to do it, they can write it and find others who will work with them to improve
it. This is the fundamental fact proven by the dramatic success of free and opensource
software development.
• Over a million programmers participate in tens of thousands of projects, the best known
of which are responsible for most of the basic functions of Internet communications,
some having been adopted in the face of strong, but ultimately unsuccessful,
competition from proprietary firms
10. What is Law?
• Almost everything we do is governed by some set of rules. There are rules for
games, social clubs, sports, and adults in the workplace. There are also rules
imposed by morality and custom that play an important role in telling us what
we should and should not do.
• However, some rules — those made by the state or the courts — are called
―laws.
• Laws resemble morality because they are designed to control or alter our
behavior.
• But unlike rules of morality, laws are enforced by the courts; if you break a law —
whether you like that law or not — you may be forced to pay a fine, pay
damages, or go to prison. Why are some rules so special that they are made into
laws? Why do we need rules that everyone must obey? What is the purpose of
the law?
11. .
• If we did not live in a structured society with other people, laws
would not be necessary. We would simply do as we please, with little
regard for others.
• But ever since individuals began to associate with other people — to
live in a society –laws have been the glue that has kept society
together.
• For example, the law in Canada states that we must drive our cars on
the righthand side of a two-way street.
• If people were allowed to choose at random which side of the street
to drive on, driving would be dangerous and chaotic. Laws regulating
our business affairs help to ensure that people keep their promises.
Laws against criminal conduct help to safeguard our personal
property and our lives
12. • We need the law to ensure a safe and peaceful society in which
individuals‘ rights are respected. But we expect even more from our
law.
• Some totalitarian governments have cruel and arbitrary laws,
enforced by police forces free to arrest and punish people without
trial. Strong-arm tactics may provide a great deal of order, but we
reject this form of control.
13. Exploring the Law and Technology
• Relationship Law has often to deal with technologies, i.e., with human activities which,
employing the attainments of science, bring into existence new media, tools, devices,
systems which improve the quality of life of human beings. Some examples are
• 1. Law and exploitation of natural resources (energies): energies can be exploited thanks
to the emergence of modern technologies. The law regulates the production, processing,
distribution of energies and natural resources.
• 2. Law and food: the food chain requires the regulation of technologies related to food to
guarantee, for example, high-quality standards.
• 3. Law and biology: to provide a legal framework for medically assisted procreation or for
cloning we have to deal with the technologies which allow obtaining gametes, stem cells,
crossbreds, chimeras.
• 4. Law and medicine: some choices related to the legally significant end-of-life issues are
dependent on medical notions such as that of brain death. The same notion of therapeutic
tenacity must be measured against the available technologies.
• 5. Law and information technologies: IT has made available tools such as e-documents
and e-signatures. The law must cope with these technologies to regulate them or to make
them legally available.
14. Utilization of Technology by Law
• A. Technology can change the contents of protected legal interests, as in the
case of the right to privacy, which has been transformed by the rise of
Information Technology. The so-called technology convergence in
telecommunications swiped away the features which framed
telecommunications as a natural monopoly, opening the market to a
potentially infinite number of operators, enhancing the free competition
within the sector. This is also true for the vanishing distinction between
article 15 and article 21 of the Italian Constitution.
• Traditionally the former is enforced whenever, for example, the freedom and
secrecy of personal correspondence are at play. The latter protects freedom
of expression toward a public audience.
15. .
• B. Law can also employ new technologies to pursue goals that were
pursued by other technologies in the past: this is the case of the e-
document, the e-signature, the payment of obligations through e-money,
the conclusion of contracts through the Internet, and so on.
• In all these examples, new rules set the possibilities of employment of
digital technologies to attain this or that goal which was reached through
other technologies in the past.
• The rules arising from technologies are shaped by the features
characterizing such technologies.
• For example, one thing is to have rules concerning the matter (atoms),
another is to have rules concerning the bits. In some cases, this implies
the need to re-frame concepts that traditionally refer to material things
(such as ownership and possession) or to draw on new concepts (such as
the ideas of title and legitimization in the case of dematerialized financial
instruments).
16. .
• C. The role of technologies to help to create new commodities was true
in the past for the new value prompted by the invention of printing,
from which after a lengthy process the new right of copyright emerged.
• In more recent years this is happening about data banks (of human
tissues for example, but several other examples may be offered). The
law is continuously confronted with the need for regulating new
commodities which were unknown in the past.
• D. The change in technologies influences also the source and the
structure of the rules. Sometimes legal systems prefer to regulate given
phenomena by making recourse to international instruments or to
regulatory patterns which are not imposed from outside (for example
codes of conduct)
17. Law & Technology
• To understand the present state of technology,
• To understand its linkage with law and
• To know the challenges posed by law-technology interface.
18. .
• A phenomenon that receives much less attention in these popular debates is the
temporal impact of attempts to embed the law and social values into
technological design. There are a variety of terms that capture ideas around
design-based regulation, each with different foci and associated literature.
• For example, ‘ value sensitive design ’ focuses on the design process, while ‘
compliance by design ’ focuses on extracting, modelling and implementing legal
requirements but both are about using architecture and processes to achieve a
particular effect (respecting values or ensuring compliance with law).
• The idea of embedding law, values or preferences into technical design choices
and business processes is rarely subjected to similar time-inspired critiques
despite the fact that technology and procedures can be designed around
outdated understandings of legal requirements and policy goals.
• Whether technology design decisions are based on technical, commercial, legal
or regulatory objectives and requirements (or combinations thereof), they may
come to be seen as obsolete as those objectives and requirements evolve
19. .
• The challenge of staying up-to-date or continuing to fit in an evolving world is not only a
legal challenge.
• Technology can also fail to meet evolving legal requirements or fail to adapt seamlessly
to other technical elements within systems as the broader socio-legal environment
evolves. In particular, law can impose particular demands on technology, so that it is
called on to catch up. There is, however, no perfect symmetry here.
• Both law and technology are human processes; while technological change is sometimes
framed as inevitable or exogenous, it is driven by humans (most obviously in laboratories
and corporations, but also acting as consumers and regulators).
• This means that lawmaking and technology design are constrained by human
knowledge, inevitably based on data from the past and present.
• The pace of legal change makes it more predictable so that, while it is rare that
lawmakers will foresee not-yet-existing technologies, technological design may pro-
actively pre-empt legal change long before its implementation (which may be years aft er
it is first proposed).
• Because humans can only consciously influence the future, based on knowledge and
action in the present, technology can more easily be designed so as to pre-empt law than
the converse. This explains why law lagging technology is a more common complaint than
the converse
20. Relationship- law & technology
• Stability Vs Flux
• Consistency and change
• Rapidity of growth in technology
• Tech: Innovation and Disruption
• Law: Catching up actions
21. IP Protection – legal arena
• Competition
• Monopoly Technology
• Law: Catching up actions
22. Assimilation
• Law and Culture
• Technology and Culture
• Culture
• Physical-Tech
• Non-physical
• Early years of technology : Slow paced
• Acculturation to tech domain
23. Role of technology
• Life in general
• Use of resources
• Teaching and learning
• Manufacturing
• Data handling/ processing
• Speed in performing tasks
• Consistency in output
24. Role of law
• Norms for conduct
• Brings order
• Resolution of conflicts
• Feeling of security
• Protection for the weaker sections
25. Growth of technology
• Tech growth is not limited to a particular segment
• Tech can be a by-product
• Can have unintended outcomes
• Potential for use and misuse
• Secretive exploitation
26. Growth of law
• By the state
• Well considered
• Emanates out of necessity
• Structures to implement
• Well Publicised
27. Growth of technology
• First IR – 1760: Textiles, mining, agriculture
• Second IR-1870: Railways, Telegraph, Electricity
• Third IR-computers and Com tech
28. Industry 4.0: Digital Industry
*Robotics
*Mobile devices and 5G
*Internet of things (IoT) platforms
*Location detection technologies
*Advanced human-machine
interfaces
*Authentication and fraud
detection
• 3D printing
*Smart sensors
*Big analytics and advanced
processes
*Multilevel customer interaction
and customer profiling
*Augmented reality/ wearables
*On-demand availability of
computer sources(Cloud Tech)
*Data visualization and triggered
"live" training
29. Advantages
• Convergence of Tech
• Efficiency
• Higher productivity
• New Markets
• Ease of doing things
• Better Health
31. NET & NEST
• Artificial Intelligence (AI)
• Machine Learning (ML)
• Additive Manufacturing (AM)
• Blockchain Technology,
• Big Data,
• Internet of Things (IoT),
• Virtual Reality (VR)
• Cognitive Technology,
• Cyber technology,
• Crypto Currency,
• Genetic Engineering Techniques,
• Social Networking and Media
• Geospatial data, Nanotechnology
• Hypersonic Weapons
• Robotics
• Quantum Computing, Quantum
Physics/Mech
32. -Tech and its Impact on
Traditional
• Impact on State sovereignty
• State Responsibility
• Privacy
• security
Modern-
• Data misuse
• Evidence
• Creative works and Copy Rights & IPR
• Biometrics
• Facial Recognition
• Biotech
• Genetics
• Privacy
• Synthetic Tech
• Autonomous Robotics
33. LEGAL ISSUES
• Machines and Morality
• Legal Liability
• Legal and Ethical Dilemmas
• Jurisdiction
• Choice of Law
• Enforcement of Judgements
• Evidence
• Privacy
• Copy Rights and IPR
• Internet Infrastructure- Legal
Concerns
• ICANN Jurisdiction
• Competition Law and Policy
• Network Neutrality
• Infrastructure-Sharing
• Interoperability
• Technological Interoperability
• Legal interoperability
