AI 2
AI 2
AI 2
University of Bejaia
IA and Law
In recent years, there have been major advances in the field of artificial
intelligence, marked by undeniable technical advances in data processing,
increasingly efficient. The most notable concrete achievements include
autonomous vehicles, military drones or software that can help doctors, judges
or lawyers in their professional activities. Beyond the ethical or philosophical
questions it raises, this robotization of life is a real challenge for the law, in the
sense that the rules currently in force may prove inadequate or insufficient to
frame this new reality of the contemporary world1.
Smart contracts are computer protocols that facilitate, verify and execute the
negotiation or execution of a contract. Smart contracts are designed to provide
greater security than contract law enforcement and reduce transaction costs
associated with contracting.
1
Artificial intelligence and law, under the coordination of Alexandre de Streel and Hervé Jacquemin, Collection
du CRIDS, Editions Larcier, 2017.
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b) Artificial intelligence and criminal law
Algeria’s first step towards a legal framework for offences related to artificial
intelligence was Law No. 09-04 of 05 August 2009 laying down specific rules
on the prevention and fight against offences related to Information and
Communication Technologies.
It is true that the term ICT is narrower than AI, and that this law cannot regulate
all the offences that could result from the use of AI. It is also obsolete because it
was promulgated in 2009, but ICT has experienced an unprecedented rise with
the development of AI.
Among the most obvious and least problematic uses of AI is the performance of
work in place of man. Digital platforms have gradually replaced people in all
areas of daily life, saving them time and energy.
AI has also contributed to the promotion of remote work, which has made it
possible to manage economic life and meet the basic needs of the population
during the Covid-19 pandemic.
Labour law should be used as a legal tool to support the obvious transformations
generated by the presence of AI in the company. It is therefore a question of
thinking about ways to adapt our labour law in order to anticipate and allow a
smooth transition to the new world.
Judicial systems around the world use artificial intelligence (AI) to analyze large
amounts of legal data. The purpose of this data processing is to
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The emergence of legal analysis and predictive justice has implications for
human rights, as the opacity of AI systems can run counter to the principles of
open justice, due process and the rule of law.
The point here is to ask the question about the liability generated by the damage
caused by AI.
Civil liability is even more complicated because civil law rules are not suitable
in the context of AI, for several reasons including:
1: Responsibility for personal acts: the fault required to incur liability is a source
of difficulty to the extent that an artificial intelligence system can perfectly well
cause damage independently of any fault.
2: Responsibility for the thing: AI does not override the definition of the Thing
because AI is intelligent and abstract while things are inert and malleable.