70227 - Information Technology and Law

Learning outcomes

At the end of the course, the student: - acquires awareness of the existence of legal problems related to new technologies; - understands how to develop and use (as a professional or user) new technologies in compliance with laws and regulations; - is able to find qualified sources and autonomously interpret the current legislation applicable to his/her area of interest; - develops the ability to manage projects that involve legal knowledge; - interacts in a qualified manner with lawyers and legal experts.

Course contents

Introduction to the course

Objectives, organization and structure of the course. Why should a computer engineer have a basic understanding of law?

Basic legal concepts: fundamental elements

What is the law. What are the sources of law and which subjects contribute to producing law. The effectiveness of the law in time and space. The interpretation of the law. Public law and private law. The Public Administration.

Natural and legal persons. Obligations and contractual liability. Non-contractual liability and product liability. Compensation for damage.  

Privacy and data protection

The protection of personal data in the information society. Personal data vs. Big data. The General Data Protection Regulation (GDPR): the general principles. Privacy by design and privacy by default. The conditions of legitimacy for the processing of personal data. Information and consent. The rights of the interested party. The minimum security measures. The data protection officer.

User profiling. The discipline of cookies. Spamming.

The sanctions. Responsibilities in data processing

Elements of copyright and industrial property in the digital age

The discipline of copyright: fundamental elements. The new Copyright Directive. Software protection. The protection of domain names. The discipline of online copyright and technological protection measures. The protection of databases. User-generated content.

The industrial property code. Trademarks and patents. The levels of patent protection. Patent protection of software. Patent applications and claims. Counterfeits.

Software and contract

What is a contract? Requirements for the validity and effectiveness of the contract. Invalidity of the contract. Main types of contracts useful in the IT sector. Software development contracts. Transfer of the rights of economic use of the software. Software use license. Creative commons.

Artificial Intelligence: the implications for the law

What challenges does the spread of Artificial Intelligence pose to lawyers? Automated decision-making processes: issues related to the autonomy and opacity of Artificial Intelligence. The relevance of the "training" of Artificial Intelligence. The "ethical" issues.

The regulatory perspectives of A.I. at European and national level. The proposal for an "Artificial Intelligence Act": risk management and new requirements for developers, producers and users of Artificial Intelligence systems. Prohibited practices and sectors considered as "high risk"

Responsibilities for Artificial Intelligence. The production and use of A.I. as a "dangerous activity". Responsibility for defective “intelligent” products and the Internet of Things. The case study of autonomous vehicles.

Artificial Intelligence, data and privacy protection. Automated decisions and the interested party's right to explanation. Data as a "new good" and as an object of exchange.

Practical legal issues related to specific applications of Artificial Intelligence and guided analysis of practical cases:

• intellectual works and inventions "created" by Artificial Intelligence: what protection?
• Artificial Intelligence and healthcare ("intelligent" medical devices, automated diagnosis): which responsibilities?
• "robotic decisions" and  "algorithmic administrative measures"

IT crimes

Fundamental elements of criminal law: the concepts of "crime", "punishment", "fault" and "willful misconduct". Examination of specific hypotheses of IT crimes. Unauthorized access to an IT or telematic system. Unauthorized possession and dissemination of access codes to computer systems. Damage to IT or telematic systems. Illicit interference in computer or telematic communications. Computer fraud.

Readings/Bibliography

The teaching material will consist of the slides shown in class, material provided by the teacher and available online (articles, regulatory sources, legislative proposals). The material that will be provided by the teacher will be made available through the Virtual Learning Environment platform.
With reference to the module concerning legal issues related to Artificial Intelligence, we recommend the volume "XXVI Lezioni di Diritto dell'Intelligenza Artificiale", edited by Ugo Ruffolo, Turin, Giappichelli, 2021.

Teaching methods

Frontal lessons held by the teacher. During the lessons practical cases will be analyzed (analysis of sentences and contract models), along with exercises and guided navigation to search for sources and consultation of legal databases and institutional sites.

Assessment methods

The exam will take place through an oral interview. The grade will be expressed out of thirty.

Teaching tools

Video projector, screen, computer, online legal databases, Internet connection.

Office hours

See the website of Andrea Amidei