AI and Law I - Lecture 2: Introduction, What is Law? (JKU)

Please also view the Lecture 1 Course for links to all the other lectures: https://www.memcode.com/courses/11899

18 flashcards · Law · by daniel-eder

1. What are legal rules?

   Established by the state can be enforced must be issued in a pre-defined way must be sufficiently determined must be obeyed, irrespective of whether they are just or not

2. What is private law?

   concerns the relationships between individuals = private citizens

3. What is public law?

   concerns the relationships between the state and its citizens

4. public or private law? Imagine driving 65 km/h in a 50 km/h zone. Suddenly, you are caught by a radar. A couple of days later, you receive a ticket stating that you must pay EUR 30,00.

   Legal Basis: StVO: regulation of traffic - including speed limits VStG: fines -> public law

5. public or private law? Imagine that you sell your car for an amount of EUR 5.000,00. The buyer takes the car, but simply refuses to pay. You want him to pay his debt

   Legal Basis: ABGB: contracts must be fulfilled -> private law

6. public or private law? You want to sell real estate to a Vietnamese citizen. However, you disobey the provision that the purchase of real estate by foreigners requires the permission of the competent authority. Thus, the buyer cannot acquire property, the contract is null and void.

   Legal Basis: ABGB: rules of contracts private law Oö Grundverkehrsgesetz: land transfer regulations in the public interest public law -> public and private law!

7. Examples of norms of private law?

   Austrian Civil Code („Allgemeines Bürgerliches Gesetzbuch“, ABGB) Employee Act („Angestelltengesetz“, AngG) Tenancy Law („Mietrechtsgesetz“, MRG) Act („Ehegesetz“, EheG) Consumer Protection Law („Konsumentenschutzgesetz“, KSchG)

8. Examples of norms of public law?

   Federal Constitutional Law („Bundesverfassungsgesetz“, B-VG) General Administrative Procedure Act 1991 („Allgemeines Verwaltungsverfahrensgesetz“, AVG) Administrative Penalty Act 1991 („Verwaltungsstrafgesetz“, VStG) Industrial Code 1994 („Gewerbeordnung“, GewO 1994) Data Protection Act („Datenschutzgesetz“, DSG)

9. What does Austrian private (civil) law consist of?

   Codified Law General Civil Code = ABGB many other national codes and statutes EU Regulations Court decisions Judge "finds" law Not normally binding for future cases

10. What is the object of private international law?

    Determining which national law is applicable Rome I Regulation for contract law (in EU 27 = MS) Rome II Regulation for tort law (in EU 27 = MS)

11. (Technical) Definitions of AI?

    McCarthy (1956, 2007): „[AI] is the science and engineering of making intelligent machines, especially intelligent computer programs“ Rich (1983): „Artificial Intelligence is the study of how to make computers do things at which, at the moment, people are better“

12. Defintion of AI per EU AI HLEG?

    “Artificial intelligence (AI) systems are software (and possibly also hardware) systems designed by humans that, given a complex goal, act in the physical or digital dimension by perceiving their environment through data acquisition, interpreting the collected structured or unstructured data, reasoning on the knowledge, or processing the information, derived from this data and deciding the best action(s) to take to achieve the given goal. AI systems can either use symbolic rules or learn a nume…

13. As of 2023, what laws regarding AI are there?

    no specific law so far rare exceptions such as for experimental road traffic AI is indirectly addressed by general norms there are various initiatives to regulate AI in the future

14. Why regulate AI?

    Safety risks personal injuries damage to property Fundamental rights non-discrimination free speech private life

15. On a very high level, how does the EU AI Act work?

    Usage-centric classification of AI systems: unacceptable risk high risk limited risk minimal risk

16. Definition of AI System in EU AI Act?

    Art 3 (1) "artificial intelligence system" (AI system) means a machine-based system that is designed to operate with varying levels of autonomy and that can, for explicit or implicit objectives, generate outputs such as predictions, recommendations, or decisions, that influence physical or virtual environments.

17. Example of why bias in AI is problematic?

    AI System for building permits Two applicants, A and B fulfill all legal prerequisites for the permit AI grants the permit for A but not for B. The only difference: A was male, B was female. -> Bias in training data can have real-life harmful effects. If such an AI system was in fact used by the Austrian government it's decision would have violated the principle of equal treatment of Art 7 B-VG and Art 2 StGG Further, Art 18 B-VG requires that all administrative acts must be based on the law ->…

18. What types of EU competences are there?

    Art 3-6 TFEU Art 3: Exclusive only the EU is able to enact laws in these matters Art 4: Shared - between EU and MS MS can act, where EU chooses not to act if EU acts, MS cannot Art 6: Support Competence only MS can act EU supports, coordinates and supplements MS actions but EU has no legislative power in these matters