The General Data Protection Regulation is a European Union regulation that will replace the existing Data Protection Directive on 25 May 2018. The most significant change is a huge increase in the maximum fine that can be levied for breaches of the regulation. Yet fewer than half of UK companies are fully aware of GDPR—and a number of those who were preparing for it stopped doing so when the Brexit vote was announced. A last-minute rush to become compliant is therefore (...) expected, and numerous companies are starting to offer advice, checklists and consultancy on how to comply with GDPR. In such an environment, artificial intelligence technologies ought to be able to assist by providing best advice; asking all and only the relevant questions; monitoring activities; and carrying out assessments. The paper considers four areas of GDPR compliance where rule based technologies and/or machine learning techniques may be relevant: Following compliance checklists and codes of conduct; Supporting risk assessments; Complying with the new regulations regarding technologies that perform automatic profiling; Complying with the new regulations concerning recognising and reporting breaches of security. It concludes that AI technology can support each of these four areas. The requirements that GDPR state for explanation and justification of reasoning imply that rule-based approaches are likely to be more helpful than machine learning approaches. However, there may be good business reasons to take a different approach in some circumstances. (shrink)

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper provides commentaries on landmark papers from the first decade of that journal. The topics discussed include reasoning with cases, argumentation, normative reasoning, dialogue, representing legal knowledge and neural networks.

The international debate on the ethics and legality of autonomous weapon systems (AWS) as well as the call for a ban are primarily focused on the nebulous concept of fully autonomous AWS. More specifically, on AWS that are capable of target selection and engagement without human supervision or control. This thesis argues that such a conception of autonomy is divorced both from military planning and decision-making operations as well as the design requirements that govern AWS engineering and subsequently the tracking (...) and tracing of moral responsibility. To do this, this thesis marries two different levels of meaningful human control (MHC), termed levels of abstraction, to couple military operations with design ethics. In doing so, this thesis argues that the contentious notion of ‘full’ autonomy is not problematic under this two-tiered understanding of MHC. It proceeds to propose the value sensitive design (VSD) approach as a means for designing for MHC. (shrink)

Value Sensitive Design (VSD) is an established method for integrating values into technical design. It has been applied to different technologies and, more recently, to artificial intelligence (AI). We argue that AI poses a number of challenges specific to VSD that require a somewhat modified VSD approach. Machine learning (ML), in particular, poses two challenges. First, humans may not understand how an AI system learns certain things. This requires paying attention to values such as transparency, explicability, and accountability. Second, ML (...) may lead to AI systems adapting in ways that ‘disembody’ the values embedded in them. To address this, we propose a threefold modified VSD approach: 1) integrating a known set of VSD principles (AI4SG) as design norms from which more specific design requirements can be derived; 2) distinguishing between values that are promoted and respected by the design to ensure outcomes that not only do no harm but also contribute to good; and 3) extending the VSD process to encompass the whole life cycle of an AI technology in order to monitor unintended value consequences and redesign as needed. We illustrate our VSD for AI approach with an example use case of a SARS-CoV-2 contact tracing app. (shrink)

The third of Berman and Hafner’s early nineties papers on reasoning with legal cases concerned temporal context, in particular the evolution of case law doctrine over time in response to new cases and against a changing background of social values and purposes. In this paper we consider the ways in which changes in case law doctrine can be accommodated in a recently proposed methodology for encapsulating case law theories, and relate these changes the sources of change identified by Berman and (...) Hafner. (shrink)

In previous work, I showed how the “reason model” of precedential constraint could naturally be generalized from the standard setting in which it was first developed to a richer setting in which dimensional information is represented as well. Surprisingly, it then turned out that, in this new dimensional setting, the reason model of constraint collapsed into the “result model,” which supports only a fortiori reasoning. The purpose of this note is to suggest a modification of the reason model of constraint (...) that distinguishes it from the result model even in the dimensional setting. (shrink)

Various due process provisions designed for use by civil servants in administrative decision-making may become redundant when automated decision-making is taken into use in public administration. Problems with mechanisms of good government, responsibility and liability for automated decisions and the rule of law require attention of the law-maker in adapting legal provisions to this new form of decision-making. Although the general data protection regulation of the European Union is important in acknowledging automated decision-making, most of the legal safeguards within administrative (...) due process have to be provided for by the national law-maker. It is suggested that all countries have a need to review their rules of administrative due process with a view to bringing them up to date regarding the requirements of automated decision-making. In whichever way the legislation is framed, the key issues are that persons who develop the algorithm and the code as well as persons who run or deal with the software within public authorities are aware of the preventive safeguards of legality in the context of automated decision-making, not only of the reactive safeguards constituted by the complaint procedures, and that legal mechanisms exist under which these persons can be held accountable and liable for decisions produced by automated decision-making. It is also argued that only rule-based systems of automatized decision-making are compatible with the rule of law and that there is a general interest in preventing a development into a rule of algorithm. (shrink)

This paper explores the extension of formal accounts of precedential constraint to make use of a factor hierarchy with intermediate factors. A problem arises, however, because constraints expressed in terms of intermediate factors may give different outcomes from those expressed only using base level factors. We argue that constraints that use only base level factors yield the correct outcomes, but that intermediate factors play an important role in the justification and explanation of those outcomes. The discussion is illustrated with a (...) running example. (shrink)

dialectical frameworks have been introduced as a formalism for modeling argumentation allowing general logical satisfaction conditions and the relevant argument evaluation. Different criteria used to settle the acceptance of arguments are called semantics. Semantics of ADFs have so far mainly been defined based on the concept of admissibility. However, the notion of strongly admissible semantics studied for abstract argumentation frameworks has not yet been introduced for ADFs. In the current work we present the concept of strong admissibility of interpretations for (...) ADFs. Further, we show that strongly admissible interpretations of ADFs form a lattice with the grounded interpretation as the maximal element. We also present algorithms to answer the following decision problems: whether a given interpretation is a strongly admissible interpretation of a given ADF, and whether a given argument is strongly acceptable/deniable in a given interpretation of a given ADF. In addition, we show that the strongly admissible semantics of ADFs forms a proper generalization of the strongly admissible semantics of AFs. (shrink)

This paper explores the question of whether or not the law is a computable number in the sense described by Alan Turing in his 1937 paper ‘On computable numbers with an application to the Entscheidungsproblem.’ Drawing upon the legal, social, and political context of Alan Turing’s own involvement with the law following his arrest in 1952 for the criminal offence of gross indecency, the article explores the parameters of computability within the law and analyses the applicability of Turing’s computability thesis (...) within the context of legal decision-making. (shrink)

Dung’s abstract argumentation frameworks have had a very significant role in the rise in interest in argumentation throughout this century. In this paper we will explore the impact of this seminal...

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

In this introduction I give an overview of Carole Hafner’s work and discuss the papers in this volume. The final section offers some more personal reminiscences of Carole and her contribution to the AI and Law community, from myself and other colleagues.

dialectical frameworks (ADFs) are generalizations of Dung argumentation frameworks where arbitrary relationships among arguments can be formalized. This additional expressibility comes wit...

The ANGELIC methodology was developed to encapsulate knowledge of particular legal domains. In this paper we describe its use to build a full scale practical application intended to be used interna...