Artificial Intelligence and Legal Challenges

Contents
Editor's Preface／Chang Li-Hing
 

• The International Trend of AI Ethics Guidelines

The Challenges of Digitalization and Virtualization: the EU Ethics Guidelines for Trustworthy Artificial Intelligence／Eric Hilgendorf
　I.The digital revolution and its consequences／4
　II.The development of technology and the law／8
　III.Challenges for legal policy and outlook／15
　IV.The EU’s “Ethical Guidelines for Artificial Intelligence” and their reception／18
 

• Challenges of digitalization and virtualization 

1. 　The Digital Revolution and its Consequences / 36
2. 　Technological and Legal Developments / 39
3. 　Challenges and Prospects for Legal Policy / 43
4. 　The EU Code of Ethics for Dependable Artificial Intelligence and its Reactions / 46

• AI Ethics in Japan

　1. Hajime: AI Ethical Rules and Regulations? ／62
　2. AI Utilization of Guidelines / 65
　3. Contents and Characteristics of Japanese Guidelines／70
　4. Specific Examples / 83
　5. About Us / 88

• AI Ethics in Japan

1. 　Preface: What is the AI Code of Ethics/92
2. 　Guidelines for Utilizing and Activating AI: 95
3. 　Contents and Characteristics of Japanese Guidelines / 98
4. 　Specific Cases / 109
5. 　Conclusion / 113

1. 　Preface/116
2. 　The Formulation and Key Points of the AI Code of Ethics/118
3. 　Taiwan's AI Ethical Standards and Legislative Trends / 133
4. 　The Realization of AI Ethical Standards: The Case of Self-Driving Cars/140
5. 　Conclusion/146

• Personality Capabilities of AI 

1. 　Preface/152
2. 　When an AI Makes a Mistake, Who is Responsible? 153
3. 　Exploring the Autonomy of Machine Learning /158
4. 　Is AI a Helper? Or a Threat? 160
5. 　Conclusion / 161

• The Electronic Personality of Intelligent Robots from the Perspective of AI

1. 　Background / 164
2. 　Intelligent Robots and AI Technology / 168
3. 　Systemic Limitations of Intelligent Robots / 176
4. 　The Electronic Personality of Intelligent Robots from the Perspective of AI Technology / 183
5. 　Conclusions and Recommendations / 187

1. 　Introduction/190
2. 　Behavior, Subject of Behavior, Causality and Legal Liability / 190
3. 　The Proposal of the European Union Parliament / 194
4. 　Example Analysis - Autonomous Investment Systems / 196
5. 　Conclusion / 198

1. 　Introduction - The Premise of Personality Theory / 202
2. 　Civil Law / 202
3. 　Criminal Law / 207

• AI, Information Protection, and Risk Management

1. 　Introduction / 214
2. 　Definition and Characteristics of AI/215
3. 　Basic Principles of AI Development and Utilization and Personal Data Protection / 219
4. 　AI and Face Recognition / 222
5. 　Profiling and automated decision making / 228
6. 　Conclusion/242

AI and Personal Data Protection Laws and Regulations／Chen Yueh-Duan

1. 　Preface/246
2. 　Artificial Intelligence and Personal Data Protection/247
3. 　GDPR Related Laws and Regulations/249
4. 　Comparison of GDPR and China's Personal Information Law/256
5. 　Response of China's Personal Information Law/258
6. 　Conclusion/262

Administrative Penalties for Traffic Violations of Automated Vehicles／Chen Zhenggen

1. 　Preface/266
2. 　The Coming of the Age of Automatic Driving Vehicles/266
3. 　Response to Regulations and Responsibility for Violations/274
4. 　Application of Administrative Penalties and Conditional Liability / 283
5. 　Concluding Remarks / 297

Hazardous Liability in the Application of Artificial Intelligence Police Technology by the State／Wang Sui-Qing

1. 　Raising the Problem/300
2. 　Doubts about the Application of Artificial Intelligent Police Technology / 302
3. 　Dangerous Liability in German Public Law/307
4. 　The Competitive Relationship between China's "Liability for Special Sacrifice Compensation" and "Liability for Public Law Danger"/313
5. 　Public Law Danger Liability: Compensation or Indemnity? The Public Law Liability for Danger: Compensation or Indemnity?
6. 　Conclusion and Recommendations/341

• AI and Self-driving Vehicles and Robots

Technological Development of Self-driving Vehicles and Taiwan's Experience / Chen Weilong

1. 　Introduction / 348
2. 　Introduction to Intelligent Driving in Taiwan/348
3. 　Self-driving Technology Framework / 349
4. 　Taiwan's Operational Experience/351
5. 　User Opinions/354
6. 　Conclusion and Recommendations / 356

Automatisiertes Fahren als Herausforderung für Ethik und Rechtswissenschaft／Eric Hilgendorf
　I. Einleitung/358
　II. Die Neuregelung des automatisierten Fahrens in Deutschland／364
　III. Leitfälle aus der Praxis／369
　IV.Weiterführende Fragestellungen／377
　V.Ethische Fragestellungen／382
　VI.Fazit／388

Ethical and Legal Challenges of Automated Driving／Eric Hilgendorf, translated by Liu Chang

1. 　 Introduction/396
2. 　The New German Automated Driving Regulations/400
3. 　Typical Cases in Practice / 404
4. 　Deepening the Legal Problems / 409
5. 　Ethical Issues/412
6. 　Conclusion / 417

Theory of Criminal Liability of Robot-AI 2.5: Japanese Discussion / Koichi Kawaguchi

1. 　On Hajime / 424
2. 　Discussions by Japanese Criminal Law Scholars / 424
3. 　On Owari / 432

Theories of Criminal Liability of Robots and AIs 2.5: A Discussion in Japan / Koichi Kawaguchi, Translated by Hong Zhaocheng

1. 　Preface / 436
2. 　Discussion by Japanese Scholars / 436
3. 　Conclusion/442

• Artificial Intelligence from Anthropology and Civil Law

Artificial Intelligence from Anthropological Perspectives／Maria W. Chee
　I.Introduction／447
　II.An Anthropological Gaze on AI at Work and Home／449
　III.Conclusion／459

Anthropological Perspectives on Artificial Intelligence／Maria W. Chee, Translated by Chen Jingyao

1. 　Preface/464
2. 　Artificial Intelligence in Work and Home from an Anthropological Perspective/465
3. 　Conclusion/473

AI and Alternative Dispute Resolution (ADR) Mechanisms／Kaixin Zhang

1. 　Preface/478
2. 　The Role of AI Technology Applications in ADR / 481
3. 　Current Controversies on the Integration of AI Technology in ADR / 489
4. 　Challenges of AI Technology Integration in ADR / 497
5. 　Conclusion / 505

• AI, Intelligent Finance, and Blockchain

On the Financial Application of Artificial Intelligence and Financial Supervision and Legal System／Yang Yue Ping

1. 　Preface/512
2. 　Financial Application of Artificial Intelligence/513
3. 　The Basic Contours of Financial Supervision / 517
4. 　The Impact Analysis of Artificial Intelligence on Traditional Financial Supervision / 522
5. 　Conclusion / 527

Legal Regulation of Decentralized Finance: Focusing on Defi Borrowing / Pui Ling Hsu and Pei Xun Gao

1. 　Preface / 530
2. 　The Concept of Decentralized Finance / 533
3. 　Characteristics of Decentralized Lending and Intelligent Contracts / 537
4. 　The Operation Mode and Legal System of Decentralized Finance/548
5. 　Conclusion/565

1. 　Introduction: The Fourth Industrial Revolution and the Coming of the Big Data Era/568
2. 　Literature Review/569
3. 　Machine Learning and Data Association / 570
4. 　A Comparative Approach / 572
5. 　Conclusion / 574

• AI and Criminal Law

The Application of Big Data in the Criminal Justice System and Its Problems/Jiang Su

1. 　Thinking Transformation of Criminal Justice System/580
2. 　The Application of Big Data in Criminal Justice/583
3. 　Doubts about the Criminal Justice of Big Data/589
4. 　How to Regulate Big Data Criminal Justice / 601
5. 　Conclusion / 609

1.     Preface / 612
2. 　Automatic or Autonomous Artificial Intelligence / 613
3. 　Evaluation of Autonomous Artificial Intelligence Use or Research Behavior / 621
4. 　Observations on the Violation of Laws by Acts of Laws: The Experimental Regulations on Technology Innovation of Unmanned Vehicles as a Perspective / 636
5. 　Conclusion / 643

1. 　Preface / 646
2. 　Analysis and Exploration of the Carpenter Case / 648
3. 　The Carpenter Case and Big Data Investigation／661
4. 　Conclusion /666

1. 　Preface/670
2. 　New Development of Artificial Intelligence / 670
3. 　Application of Artificial Intelligence in Criminal Justice /676
4. 　Whether Artificial Intelligence Will Make Criminal Justice Fairer / 694
5. 　Conclusion / 698

Editor-in-Chief's Preface
Since the beginning of 2020, the world has been plunged into the haze of C.N.C.P., which has not been completely lifted so far. It has impacted the world's political and economic landscape, affected people's lives, and taken away the lives and health of many; however, it has not stopped the development of human technological civilization, but rather accelerated the connection between technology and the lives of the general public. For example, during this period, the rapid advancement of information and communications technology (ICT) has contributed to the popularization of telecommuting, conferencing, healthcare and education. At the same time, AI technology has also grown during this period, and has a wider range of applications, bringing more convenience to people's lives.

　　With the development and application of AI, not only does it bring more convenience to human life, but it also gradually creates corresponding legal issues. In view of this, the International Research Foundation on Artificial Intelligence Law (IRFAL) not only invites many practical elites and scholars specializing in AI law to work together on AI legal issues, but also organizes a two-day international symposium every year to bring together domestic and overseas AI law researchers to participate in this grand event. It is hoped that the Association can serve as a platform for AI law research in Taiwan and promote the advancement of AI law.

　　This book is a collection of articles from the international symposiums held in Taipei and Kaohsiung at the end of 2019. The topics of the symposium were very rich, including international trends in AI ethics, AI personality capabilities, self-driving cars and robots, and even AI and anthropology, civil and criminal law, smart finance, and blockchain. At that time, the seminar also gained the attention of the industry, government, and academia, with the participation and encouragement of such government officials as Administrative Councilor Deng Zhenzhong of the Executive Yuan, Minister Hsu Kuo-yung of the Ministry of the Interior, Minister Tsai Ching-cheung and Administrative Undersecretary Chen Ming-tang of the Ministry of Legal Affairs, and Director Wang Jin-lung of the Information Department of the Judicial Yuan; and the help of such government officials as the Legal Director of the Hon Hai Group, Mr. Fong Kuong-yu, and the Assistant Legal Director of the Global Office of the Microsoft Corporation of Taiwan, who were involved in the technology industry. President Ching-Feng Chang of National Taiwan Ocean University, President Mao-Chun Wang of Tunghai University, President Hok-Liang Wang of Kaohsiung University, Chairman Rui-Cheng Lin of National Lawyers Association, and Chairman Chun-Cheng Su of Kaohsiung Lawyers Association have participated in this book and given a lot of support to it.

　　This book is an exciting collection of essays by authors who have conducted in-depth research on AI law issues, and who are concerned with the development of AI law, and who have put forward many thought-provoking opinions on AI law and proposals for legal reform. The AI law scholars and experts from Taiwan included in this book are (in order of articles): Li-Hsing Chang, Distinguished Professor of Kaohsiung University, proposes a review of the impact of AI ethical standards on the legal system, and uses the example of a self-driving car to illustrate the manifestation of AI ethics in the legal system. Prof. Ching-Chuan Tsai, Department of Information Engineering, Tunghai University, and Prof. Chih-Hung Wu, Department of Electrical Engineering, Kaohsiung University, discussed the issue of AI's personality from the perspective of science and technology, and pondered whether AI is a help or a threat to human beings. Prof. Aimee Fan, Department of Law, Tunghai University, and Prof. Yueh-Tuan Chen, Department of Finance and Economics and Law, Kaohsiung University, discussed the issue of AI and personal data protection in depth. Prof. Cheng-Ken Chen, Department of Law, Kaohsiung University, explored the administrative responsibility and punishment of self-driving car traffic violations. Prof. Wang Sui-ching, Associate Professor, Graduate Institute of Science and Technology Law, Yunlin University of Science and Technology, analyzed the possible hazardous liabilities arising from the application of AI by the police.

　　Mr. Wei-Lung Chen, Chairman of Taiwan Intelligent Driving Co., Ltd. shared the technical framework and operational experience of self-driving car development in Taiwan. Assistant Prof. Kai-Hsin Chang, Department of Law, Tunghai University, explored the debate on whether AI can be used in extra-judicial dispute resolution mechanisms. Currently, AI is widely used in the financial field, and intelligent finance involves such important issues as financial supervision and decentralized finance, etc. Associate Professor Yue-Ping Yang of the Department of Law at the University of Taiwan, Associate Professor Pei-Ling Xu of the Department of Financial Law at the CITIC School of Finance and Management, and Assistant Professor Hong-Yi Chen of the Joint School of International Business at Zhejiang University have all published articles commenting on the criminal law aspects of AI, which have always attracted the attention of various sectors. Associate Professor Wang Chih-hsien of the Department of Law, Chinese Culture University, expressed his views on the criminal law evaluation of autonomous AI accidents; Associate Professor Wen Zude of the Institute of Law and Government, National Central University, raised the issue of big data investigation; and Mr. Hsiao Yi-hung, a former prosecutor of the Taipei District Attorney's Office, put forward the question of whether AI can make criminal justice fairer. With the rapid development of AI in recent years, there are more and more legal issues related to AI, and AI law has become more and more concerned by the legal profession. This book is a rich collection of writings by Taiwan AI law scholars and practitioners, which is broad and diversified.

　　At the same time, this book contains many great works by international scholars, such as Professor Eric Hilgendorf of the University of Würzburg, Germany, who has published two papers, one is the response to the challenges of digitalization and virtualization of technology, and the other is an introduction to the European Union's "Ethical Guidelines for the Dependence on Artificial Intelligence" (Ocean University of Taiwan), which is the first of its kind in Taiwan.