Addi Rull

eContractual choreography-language properties towards cross-organizational business collaboration

Meaningfully automating sociotechnical business collaboration promises efficiency-, effectiveness-, and quality increases for realizing next-generation decentralized autonomous organizations. For automating business-process aware cross-organizational operations, the development of existing choreography languages is technology driven and focuses less on sociotechnical suitability and expressiveness concepts and properties that recognize the interaction between people in organizations and technology in workplaces. This gap our suitability- and expressiveness exploration fills by means of a cross-organizational collaboration ontology that we map as a proof-of-concept evaluation to the eSourcing Markup Language (eSML). The latter we test in a feasibility case study to meaningfully support the automation of business collaboration. The developed eSourcing ontology and eSML is replicable for exploring strengths and weaknesses of other choreography languages.

The Future of Law and eTechnologies

Although we tend to agree that innovation makes us smarter, happier and more skilful, securing the process of developing and exploiting technology remains an essential issue. The authors analyse somewhat controversial developments through the viewpoint of legal theorists to find out how to balance the rule of law with the rapidly growing world of tech. What are the guiding principles that have to be followed in the context of unpredictable and socially untested advancements? What are the constitutional dogmas and doctrines that cannot be damaged when adopting the new inventions? Kerikmäe and Rull are convinced that creating a legal principle cannot be rooted in a specific technological advancement and the new technology is not assumed to change the common values. Customer’s rights and “dehumanisation” perspectives are discussed in the light of “surveillance state” and “service state” policies. The chapter gives conceptual overview of the contributions in the book and concludes with the statement that “user-centricity” and the common values should be prioritised as once when space law suddenly emerged. 1 Who Determines the Principles of eRegulation? New technologies are making us all smarter—thus, should we worry about combining the existing values to all-embracing dominance of tech? Despite of the prediction of one of the leading priests of technological singularity, Kurzweil, namely that “by 2045, we will multiply our intelligence a billion fold by linking wirelessly from our neocortex to a synthetic neocortex in the T. Kerikmäe (*) • A. Rull Tallinn Law School, Tallinn University of Technology, Akadeemia tee 3, 12618 Tallinn, Estonia e-mail: tanel.kerikmae@ttu.ee; addi.rull@ttu.ee Myrphy/anonymous author at: http://www.murphys-laws.com/murphy/murphy-technology.html.

Technology Transfer in the EU: Exporting Strategically Important ICT Solutions to Other EU Member States

Abstract The fast development of ICTs pose new challenges to the European Union and its Member States. Every EU country has its own policies regarding technology transfer, ownership of state e-services, and the possibilities how the state-owned or licensed e-service could be exported. Taking into account the free movement of goods, the EU has created a platform to cooperate and export IT solutions. However, the lack of preparedness of infrastructures, legislation and stakeholders for cross-border exchanges poses a threat to IT transfer and should be taken into consideration in the EU as well. In the coming decades the number of outsourced ICT solutions, strategically important ICT solutions, public services and critically important information exchange platforms developed on behalf of the states, will grow exponentially. Still, digital development is uneven across the EU, they grow at different speeds and the performance is quite splintered. There are legal provisions which are outdated and therefore impede technological cooperation and export of IT solutions. A Member State may restrict the ICT licensing based on national security and policy reasons and the ownership of intellectual property might pose a threat to technology transfer or further development of the IT solution. There are examples of strategically important export of ICT solutions, the experience at which can be expanded to cover other EU Member States. Strong collaboration would enable mutual learning from past experiences along with the opportunities for better use of technology. Parallels can be drawn with military technology transfers, as the policies and legal framework was first developed and mostly used with them. This introduces a question of what are the conditions for exporting strategically important ICT solutions from one Member State to another, given that there is no common legal framework developed yet, and who should decide whether to transfer or not?

Towards Software-Agent Enhanced Privacy Protection

The ability to control the use of personal information is part of the right to privacy. With higher digitalization than ever, the lack of control is an essential privacy issue discussed extensively. Estonia is a unique society in terms of the highest level of digital public services available for a citizen, enabled by the omnibus X-Road infrastructure and personal identification solution developed some time ago. The technology has certain security elements essential for the protection of privacy. However, there are no technical measures to achieve better control over the subsequent use of personal information once it has been obtained from a database. We suggest a task-oriented approach to be exercised in the retrieval of personal information. This can be accomplished by using agent technologies. The aim of the technology is to control access to personal information so that a public servant only obtains a citizen’s information limited to the performance of her particular task. In other words, the information system, with the help of a software agent, shall supply a public servant only with the information necessary for performing a decision concerning one citizen. Such enhanced control over the use of personal information contributes to better privacy protection. The prospect addresses the prevention of the misuse of personal information as well as the enforcement of data protection laws. The chapter is an introduction to the discourse of agent technologies and law together with a conceptual example for a possible technological solution in the police work of Estonia.

“My Agent Will Not Let Me Talk to the General”: Software Agents as a Tool Against Internet Scams

This chapter takes as its basis an attempted so-called romance scam to evaluate a common modern communications phenomenon: the difficulty in evaluating human interaction online. Without having access to the kind of well-established, largely subconscious physical signals that we use to assess a situation in the offline world, extra vigilance is needed. The option of avoiding online communications is becoming increasingly unrealistic in personal as well as professional situations. The chapter examines whether, in addition to experience, training or personal characteristics, technology can help to avoid risks of misuse of personal data, fraud, extortion and so on.

Theorising on Digital Legal (Outer)Space

Although we tend to agree that innovation makes us smarter, happier and more skilful, securing the process of developing and exploiting technology remains an essential issue. The authors analyse somewhat controversial developments through the viewpoint of legal theorists to find out how to balance the rule of law with the rapidly growing world of tech. What are the guiding principles that have to be followed in the context of unpredictable and socially untested advancements? What are the constitutional dogmas and doctrines that cannot be damaged when adopting the new inventions? Kerikmae and Rull are convinced that creating a legal principle cannot be rooted in a specific technological advancement and the new technology is not assumed to change the common values. Customer’s rights and “dehumanisation” perspectives are discussed in the light of “surveillance state” and “service state” policies. The chapter gives conceptual overview of the contributions in the book and concludes with the statement that “user-centricity” and the common values should be prioritised as once when space law suddenly emerged.

A Structural and Grammatical Analysis of the Estonian Constitution

Abstract The authors propose a novel quantitative method to analyse the structure of legal texts. The method enables to determine grammatical similarity between legal texts. The authors use the external theory of fundamental rights to separate the text of fundamental rights of the Estonian Constitution into two categories of norms: constitutional rights and restrictions. Grammatical similarity between constitutional rights, restrictions and selected legal acts and case law is measured. The layer of special norms renders the best grammatical similarity with the text of fundamental rights. The same grammatical similarity tests can be replicated to cover other jurisdictions in the future. The research is experimental, but the authors believe that the method can be utilised in fields of computational linguistics and legal text mining, but also in research where legal text structures are analysed for various purposes.

Creating CoReO, the Computer Assisted Copyright Reform Observatory

The paper proposes an approach to AI assisted law reform , that tries to align research in Artificial Intelligence and Law with the jurisprudential philosophy of Luc Wintgens. Taking a holistic, system-oriented view, we propose a visualisation based link analysis that allows lawmakers to identify those parts of the legal system where the smallest amount of change has the largest effect.