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AI 2

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English Courses

By : Dr. Zina YACOUB

Private Law department

Faculty of Law and Political Sciences

University of Bejaia

Lesson 3 : Artificial intelligence -2-

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.

Some legal uses of AI

Artificial intelligence plays a considerable role in various areas of law, in civil


law, in criminal law, in labour law; in commercial law… etc. We can look at
some of these uses

a) AI and smart contracts

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.

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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.

Information and communication technology offences are defined by law 09-04


as offences affecting automated data processing systems as defined by the
Criminal Code and any other offence committed or facilitated by a computer or
electronic communication system

c) AI and Labor Law

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.

d) Artificial intelligence and justice

Judicial systems around the world use artificial intelligence (AI) to analyze large
amounts of legal data. The purpose of this data processing is to

- assist counsel in identifying precedents in jurisprudence

- allow jurisdictions to streamline judicial processes

- Assist judges in forecasting issues such as sentence length and recidivism


rates.

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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.

AI and criminal and civil liability

The point here is to ask the question about the liability generated by the damage
caused by AI.

In criminal matters, liability falls to the manufacturer if a fault is established


when the AI exercised dynamic control of the vehicle, or an error during the
design.

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.

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