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 and basic legal concepts

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

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

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. What are personal data. Personal data vs. Big data. The economic value of the data.

The General Data Protection Regulation (GDPR): the fundamental principles. What is data processing? The economic value of data and its transfers: guided analysis of practical cases taken from the world of platforms.

Privacy by design and privacy by default. The conditions of legitimacy for the processing of personal data. Information and consent: the content of the information, also with analysis of specific cases. The security measures.

Fully automated data processing. Profiling: guided analysis of practical cases.

Data breaches. The rights of the interested party. The sanctions. Responsibilities in data processing.

Profiles of online data protection:
- the regulation of cookies
- deepfakes
- data in search engines and the right to be forgotten

Artificial Intelligence and the law

What specific problems does Artificial Intelligence pose for the law?

Automated decision-making processes: issues related to the autonomy and opacity (black box) of Artificial Intelligence. The relevance of Artificial Intelligence "training" and its biases. Analysis of practical cases: cases of "discrimination" deriving from the use of Artificial Intelligence systems in different sectors (justice, personnel selection, profiling, etc.).

The generative A.I.: the case of ChatGPT, from user data protection to web scraping. What problems does the use of ChatGPT pose?

The prospects for regulating A.I. at European and national level. The proposal for an "Artificial Intelligence Act" of the European Union: risk management and new requirements for developers, producers and users of Artificial Intelligence systems. AI systems prohibited and those considered "high risk". Production standards and preventive certifications.

Liability from Artificial Intelligence: who is responsible for the damage caused by autonomous and "opaque" Artificial Intelligence systems?

Product liability in information technology. Software as a product. The "defectiveness" of the software and the A.I. Analysis of a specific case: autonomous vehicles.

Exam of the concrete legal problems connected to specific applications of Artificial Intelligence and guided analysis of practical cases (the "robotic decision", AI in medicine).

Elements of copyright and industrial property law in the digital age

The discipline of copyright: fundamental elements of the intellectual property protection regime. Patents: the protection of inventions. Patent applications and claims. Counterfeits. Moral rights and property rights on works and inventions.

The protection of software, between copyright and patent. The rights of the creator of the software in the development contracts. Licenses.

The protection of open source software.

The protection of databases.

Copyright in platforms and social networks: analysis of practical cases, from the Instagram/SIAE clash to problems related to linking and framing.

Intellectual works and inventions "created" by Artificial Intelligence: what protection?

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.

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