Introduction
In recent years, artificial intelligence (AI) has once again set off waves and has had a major impact on the life, society, economy, and culture of human society. While AI brings all kinds of conveniences, it also comes with risks, which in turn derives new legal issues. The Artificial Intelligence Law International Research Foundation, a consortium legal person, was established and registered in June 2019. After more than one year of hard work, the first collection of essays was officially published. This book brings together scholars and experts from Germany, Japan, China, and Taiwan. The research results on AI legal issues are quite rich in content, involving many oriented AI legal issues. I believe that the publication of this book will enable all sectors of industry, government, academics, research, and the general public who are concerned about AI legal issues to have a more complete vision.
Contents
Editor's preface/CHANG,LI-CHING(Distinguished Professor of Kaohsiung University/CEO, International Artificial Intelligence Law Research Foundation)
AI and society
- Artificial Intelligence and Legal Affairs/TSAI, CHING-HSIANG (Minister of Ministry Of Justice)
- Artificial Intelligence and University /WANG, HSUEH-LIANG (Professor, Department of Information Management, Kaohsiung University)
- Artificial Intelligence and Information /HSIAO, PO-REN (Deputy CEO of the Institute for Information Industry)
- Artificial Intelligence and Finance /LI, ZENG-CHANG (Chairman of Taiwan Shin Kong Bank)
- Artificial Intelligence and Microsoft /SHIH, LI-CHENG (Global Assistant General Counsel of Microsoft)
- Artificial Intelligence and Transportation /JHANG,YONG-CHANG (General Manager of Far Eastern Electronic Toll Collection Company)
- Automatisiertes Fahren und Strafrecht-Der, Aschaffenburger Fall"/ Eric Hilgendorf (Professor of Würzburg University, Germany, Chairman of the German Machine Learning Committee, Member of the German Autonomous Driving Ethics Committee, Member of the European Commission for Artificial Intelligence, General Counsel of the German AUDI Automobile Company)
- German Autonomous Driving and Criminal Law–The Case Aschaffenburg / by Eric Hilgendorf, translated by LIN, SIN-MING (Assistant Professor, Southwest Politics and Law University)
- Japan’s AI and Robot Related Laws and Regulations / Takayuki Matsuo (Partner and lawyer, Momo-o, Matsuo, and Namba, Japan)
- The Challenge of Autonomous Vehicles in China to the Law/ JIANG, SU (Associate Professor of Peking University Law School, Deputy Director of Peking University Law AI Lab Research Center)
- Taiwan's New Artificial Intelligence Act-Regulations on Unmanned Vehicle Technology Innovation Experiments/ CHANG,LI-CHING(Distinguished Professor of Kaohsiung University/CEO, International Artificial Intelligence Law Research Foundation)
The impact and change of the application of AI on the law
- The Application of Artificial Intelligence in Judicial Practice / WANG,CHI-HSUAN (Associate Professor of the Department of Law, Chinese Culture University, Deputy CEO of the International Artificial Intelligence Law Research Foundation)
- How to protect artificial intelligence with the Intellectual Property Law? ──Perspectives of the European Patent Practice Circle / HSIEH, KUO-LIEN (Professor, Department of Economic and Finance Law, Kaohsiung University)
- The Path to Protect Data Property Rights in the Era of Artificial Intelligence / CHU, CHEN-ZUO (Senior Lawyer of Hon Hai Precision Industry Co., Ltd., Secretary General of the International Artificial Intelligence Law Research Foundation)
- Criminal Law Challenges and Responses in the Era of Artificial Intelligence——Taking Autonomous Vehicles as an Example/ CHANG,LI-CHING(Distinguished Professor of Kaohsiung University/CEO, International Artificial Intelligence Law Research Foundation)
- The Impact of Digitization, Big Data and Artificial Intelligence on Criminal Proceedings / GE,SIANG-LIN (Professor, College of Law, Osnabrück University, Germany)
The 24th Artificial Intelligence and Application Conference (TAAI 2019)─Domestic Special Session: AI and Law
- Trends of AI Laws Research Organization in Taiwan/CHANG,LI-CHING(Distinguished Professor of Kaohsiung University/CEO, International Artificial Intelligence Law Research Foundation)
- The Application and Prospect of Artificial Intelligence in Taiwan's Judicial Practice / WANG,CHI-HSUAN (Associate Professor of the Department of Law, Chinese Culture University, Deputy CEO of the International Artificial Intelligence Law Research Foundation)
- Rule by law or rule by algorithm? ／CHEN,HONG-RU (Assistant Researcher, Institute of European and American Studies, Academia Sinica)
- Property Thinking of Big Data / CHU, CHEN-ZUO (Senior Lawyer of Hon Hai Precision Industry Co., Ltd., Secretary General of the International Artificial Intelligence Law Research Foundation)
- AI and Information Protection/Evelyn Y.T. Chen (Principal of Kaohsiung University)
- AI and Civil Liability / WU,TSUNG-CHOU (Professor, Department of Law, National Taiwan University)
Appendix
- 2018 First International Conference on Artificial Intelligence and Law Science and Technology Revolution in the New Era: An International Speculation on AI and Law
- 2018 International Academic Conference on the Artificial Intelligence and Law Technological Revolution in the New Era:International Inquiry into AI and Law
- 2019 International Conference on Technologies and Applications of Artificial Intelligence
Editor's preface
The development of artificial intelligence (AI) technology will have a huge impact on all areas of life, and its far-reaching impact is probably not what we modern people can imagine. Just as the predecessors could not imagine, the universality of modern people's use of the Internet and mobile phones. The reason why AI is valued by many countries is because the development of this technology is not only an indicator of national progress, but it is also likely to change the way of social life in the future. To this end, advanced countries are actively discussing the possible impact of AI on society, but they focus more on the research and development and application of AI technology, and rarely touch on the legal issues of AI.
With the development of AI technology, visions such as smart manufacturing, smart healthcare, smart finance, smart transportation, and even smart life or smart cities are constantly being proposed. For the average person, the use of AI in the field of transportation may be best known, especially for "self-driving cars." The current self-driving car is still in the stage of "driving assistance system"; the future self-driving car will completely replace manpower. As long as the destination is set, the self-driving car can safely deliver the passengers. It is foreseeable that driving learning or driving training classes will become historical concepts, and future generations will not be able to imagine today's traffic life patterns.
The development of AI has brought all kinds of convenience to life, but we can predict that it will inevitably be accompanied by related risks and give rise to new legal issues. For example, if a self-driving car accident occurs, who should be held legally responsible? Can AI have a legal personality and bear legal responsibility independently? We must take precautions and respond to these legal issues as early as possible. In view of this, the "Consortium Artificial Intelligence Law International Research Foundation" held the first international academic seminar at the end of 2018 during the preparatory stage. There were many attendees, including academia, industry, and judicial practice, showing that AI legal issues are being valued by all walks of life. One of the purposes of the foundation is to estimate the legal issues that may arise in the AI era, draw on international experience, and propose solutions for domestic reference. Therefore, holding international academic seminars is a very important activity for the foundation. At the same time, the Foundation hopes that after the seminar, the published papers will be compiled into a book and presented in the form of a series of books of the Artificial Intelligence Law International Research Foundation for easy reference by all walks of life. This is the first book of this foundation series. I hope that it will continue to operate in the future and enrich the quality of the series, so as to share with the public the foundation's hard work in the field of AI law.
This book is mainly a collection of articles from two international academic seminars in Taipei and Kaohsiung in December 2018. At the same time, we also collected opinions from important experts and pointed out the possible impact of AI on society. Minister Cai Qingxiang of the Legal Affairs Department, President Wang Xueliang of Kaohsiung University, Executive Director Xiao Boren of the Information Council, Chairman Li Zengchang of Shin Kong Bank, Global Assistant Chief Legal Officer of Microsoft Shi Licheng, and General Manager Zhang Yongchang of Yuantong Telecom have all expressed their help to think about AI law. Opinions, and pointed out the positive benefits of AI development and countermeasures to alleviate the negative impact of AI in various fields.
The content of the paper collection is very exciting. The publisher has a considerable degree of research on AI legal issues, and pays attention to the international development trend of AI law, and is a pioneer in this legal field. In this book, Professor Eric Hilgendorf of Würzburg University in Germany, who is also an important member of the European Commission, commented on the high-profile "Aschaffenburg Case" and explained that the German Autonomous Driving Institute The relationship between accidents and criminal law. Professor Hilgendorf’s wonderful work was translated in detail by Professor Lin Xinming from the Law School of Southwest University of Political Science and Law, who is familiar with German law. Professor George Gesk of Osnabrück University in Germany published "The Impact of Digitization, Big Data, and Artificial Intelligence on Criminal Litigation", which provides a forward-looking perspective on how the criminal proceedings system in the AI era can adapt to the protection of personal data. Sexual analysis. In addition, Professor Jiang Su, deputy director of the Peking University Law School and Legal Artificial Intelligence Research Center, put forward a macro explanation on the legal issues of self-driving cars in mainland China with the topic "Legal Challenges of Autonomous Vehicles in Mainland China". Attorney Takayuki Matsuo of Japan proposed "Japanese AI and Robot Related Legal Regulations", introducing the latest developments in Japan's AI legal system.
Taiwan’s scholars and experts are included in this book: I am addressing Taiwan’s new artificial intelligence bill, detailing the specifications and application of the “Unmanned Vehicle Technology Innovation Experiment Regulations” that was completed in 2018; and “Criminal Law Challenges and Correspondence in the Era of Artificial Intelligence” "It focuses on self-driving cars, and proposes analysis and solutions for the criminal law problems that may arise. Professor HSIEH, KUO-LIEN, Department of Economic and Finance Law of Kaohsiung University, is skilled in intellectual property rights. From the perspective of European patent practice, he discusses "how to protect artificial intelligence with intellectual property law". Associate Professor WANG,CHI-HSUAN from the Department of Law of the Chinese Culture University (deputy CEO of the Foundation) presented an exposition on the application of artificial intelligence in judicial practice. Lawyer CHU, CHEN-ZUO (Secretary-General of the Foundation) of Hon Hai Precision Industry Co., Ltd., discusses the "protection of AI data property rights" from an industrial perspective. These papers will become precious documents of AI law.
In addition, this book also contains the manuscripts of the TAAI 2019 "AI and Law" session. TAAI (International Conference on Technologies and Applications of Artificial Intelligence) is an important academic activity of the Association of Artificial Intelligence of the Republic of China, and it can be called the largest AI annual event in China. In 2019, the organizer set up a special "AI and Law" session. It is not difficult to find that the scientific and technological circles have noticed that the law will play a pivotal role in the coming AI era. In this event, besides myself, Professor WU,TSUNG-CHOU from the Department of Law of National Taiwan University, Principal Evelyn Y.T. Chen of Kaohsiung University, Researcher CHEN,HONG-RU from the Institute of European and American Studies of Academia Sinica, Professor WANG,CHI-HSUAN from the Department of Law of Chinese Culture University, and Lawyer ZCHU, CHEN-ZUO of Hon Hai Precision Industry Co., Ltd., Also participated in the grand event, discussing AI legal issues such as AI and civil criminal law, data property rights, and algorithm governance. The only thing that must be explained is that these included articles adopt the report style of the field of science and engineering, and the method of expressing illegal scientific papers. The cross-field turmoil of law and science and engineering has deeply inspired the participants.
The publication of this book can give industry, government, academia, students, and the general public who are concerned about AI legal issues have a more complete vision; related content is also of great help to scientific and technological personnel, and AI technology may be derived from the research and development process. The risks and corresponding legal issues can be roughly grasped.
The operation of the foundation requires considerable funds. I would like to thank the Chairman HSU, TSUNG-HSIEN of the Foundation, and the board members YANG, YIN-MING, CHEN, MIN-CHUN, CHIU, CHANG-CHI, CHEN, CHAO, YEH, KUN-CHENG, CHU, WAN-CHUN, PAN, YUNG-FENG, WU, JIAN-CING, and CHEN, JHIN-AH for their generous contributions. In addition to the dedication and participation of our members, the growth of the foundation also requires support from all walks of life. We express our sincere gratitude to all sectors of society who are enthusiastic about sponsoring. Regarding the publication of this book, we must thank CHANG, WEN-YU, Executive Secretary of the Foundation (a graduate student of the Institute of Law of Tunghai University), for his assistance in contacting the center for his hard work and Angle Publishing Company, regardless of gains and losses, spares no effort to assist. sincerely thank you.
With the development of AI technology, visions such as smart manufacturing, smart healthcare, smart finance, smart transportation, and even smart life or smart cities are constantly being proposed. For the average person, the use of AI in the field of transportation may be best known, especially for "self-driving cars." The current self-driving car is still in the stage of "driving assistance system"; the future self-driving car will completely replace manpower. As long as the destination is set, the self-driving car can safely deliver the passengers. It is foreseeable that driving learning or driving training classes will become historical concepts, and future generations will not be able to imagine today's traffic life patterns.
The development of AI has brought all kinds of convenience to life, but we can predict that it will inevitably be accompanied by related risks and give rise to new legal issues. For example, if a self-driving car accident occurs, who should be held legally responsible? Can AI have a legal personality and bear legal responsibility independently? We must take precautions and respond to these legal issues as early as possible. In view of this, the "Consortium Artificial Intelligence Law International Research Foundation" held the first international academic seminar at the end of 2018 during the preparatory stage. There were many attendees, including academia, industry, and judicial practice, showing that AI legal issues are being valued by all walks of life. One of the purposes of the foundation is to estimate the legal issues that may arise in the AI era, draw on international experience, and propose solutions for domestic reference. Therefore, holding international academic seminars is a very important activity for the foundation. At the same time, the Foundation hopes that after the seminar, the published papers will be compiled into a book and presented in the form of a series of books of the Artificial Intelligence Law International Research Foundation for easy reference by all walks of life. This is the first book of this foundation series. I hope that it will continue to operate in the future and enrich the quality of the series, so as to share with the public the foundation's hard work in the field of AI law.
This book is mainly a collection of articles from two international academic seminars in Taipei and Kaohsiung in December 2018. At the same time, we also collected opinions from important experts and pointed out the possible impact of AI on society. Minister Cai Qingxiang of the Legal Affairs Department, President Wang Xueliang of Kaohsiung University, Executive Director Xiao Boren of the Information Council, Chairman Li Zengchang of Shin Kong Bank, Global Assistant Chief Legal Officer of Microsoft Shi Licheng, and General Manager Zhang Yongchang of Yuantong Telecom have all expressed their help to think about AI law. Opinions, and pointed out the positive benefits of AI development and countermeasures to alleviate the negative impact of AI in various fields.
The content of the paper collection is very exciting. The publisher has a considerable degree of research on AI legal issues, and pays attention to the international development trend of AI law, and is a pioneer in this legal field. In this book, Professor Eric Hilgendorf of Würzburg University in Germany, who is also an important member of the European Commission, commented on the high-profile "Aschaffenburg Case" and explained that the German Autonomous Driving Institute The relationship between accidents and criminal law. Professor Hilgendorf’s wonderful work was translated in detail by Professor Lin Xinming from the Law School of Southwest University of Political Science and Law, who is familiar with German law. Professor George Gesk of Osnabrück University in Germany published "The Impact of Digitization, Big Data, and Artificial Intelligence on Criminal Litigation", which provides a forward-looking perspective on how the criminal proceedings system in the AI era can adapt to the protection of personal data. Sexual analysis. In addition, Professor Jiang Su, deputy director of the Peking University Law School and Legal Artificial Intelligence Research Center, put forward a macro explanation on the legal issues of self-driving cars in mainland China with the topic "Legal Challenges of Autonomous Vehicles in Mainland China". Attorney Takayuki Matsuo of Japan proposed "Japanese AI and Robot Related Legal Regulations", introducing the latest developments in Japan's AI legal system.
Taiwan’s scholars and experts are included in this book: I am addressing Taiwan’s new artificial intelligence bill, detailing the specifications and application of the “Unmanned Vehicle Technology Innovation Experiment Regulations” that was completed in 2018; and “Criminal Law Challenges and Correspondence in the Era of Artificial Intelligence” "It focuses on self-driving cars, and proposes analysis and solutions for the criminal law problems that may arise. Professor HSIEH, KUO-LIEN, Department of Economic and Finance Law of Kaohsiung University, is skilled in intellectual property rights. From the perspective of European patent practice, he discusses "how to protect artificial intelligence with intellectual property law". Associate Professor WANG,CHI-HSUAN from the Department of Law of the Chinese Culture University (deputy CEO of the Foundation) presented an exposition on the application of artificial intelligence in judicial practice. Lawyer CHU, CHEN-ZUO (Secretary-General of the Foundation) of Hon Hai Precision Industry Co., Ltd., discusses the "protection of AI data property rights" from an industrial perspective. These papers will become precious documents of AI law.
In addition, this book also contains the manuscripts of the TAAI 2019 "AI and Law" session. TAAI (International Conference on Technologies and Applications of Artificial Intelligence) is an important academic activity of the Association of Artificial Intelligence of the Republic of China, and it can be called the largest AI annual event in China. In 2019, the organizer set up a special "AI and Law" session. It is not difficult to find that the scientific and technological circles have noticed that the law will play a pivotal role in the coming AI era. In this event, besides myself, Professor WU,TSUNG-CHOU from the Department of Law of National Taiwan University, Principal Evelyn Y.T. Chen of Kaohsiung University, Researcher CHEN,HONG-RU from the Institute of European and American Studies of Academia Sinica, Professor WANG,CHI-HSUAN from the Department of Law of Chinese Culture University, and Lawyer ZCHU, CHEN-ZUO of Hon Hai Precision Industry Co., Ltd., Also participated in the grand event, discussing AI legal issues such as AI and civil criminal law, data property rights, and algorithm governance. The only thing that must be explained is that these included articles adopt the report style of the field of science and engineering, and the method of expressing illegal scientific papers. The cross-field turmoil of law and science and engineering has deeply inspired the participants.
The publication of this book can give industry, government, academia, students, and the general public who are concerned about AI legal issues have a more complete vision; related content is also of great help to scientific and technological personnel, and AI technology may be derived from the research and development process. The risks and corresponding legal issues can be roughly grasped.
The operation of the foundation requires considerable funds. I would like to thank the Chairman HSU, TSUNG-HSIEN of the Foundation, and the board members YANG, YIN-MING, CHEN, MIN-CHUN, CHIU, CHANG-CHI, CHEN, CHAO, YEH, KUN-CHENG, CHU, WAN-CHUN, PAN, YUNG-FENG, WU, JIAN-CING, and CHEN, JHIN-AH for their generous contributions. In addition to the dedication and participation of our members, the growth of the foundation also requires support from all walks of life. We express our sincere gratitude to all sectors of society who are enthusiastic about sponsoring. Regarding the publication of this book, we must thank CHANG, WEN-YU, Executive Secretary of the Foundation (a graduate student of the Institute of Law of Tunghai University), for his assistance in contacting the center for his hard work and Angle Publishing Company, regardless of gains and losses, spares no effort to assist. sincerely thank you.
CEO, Artificial Intelligence Law International Research Foundation
Distinguished Professor, Kaohsiung University
CHANG,LI-CHING
December 2019
Distinguished Professor, Kaohsiung University
CHANG,LI-CHING
December 2019
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