Jusletter IT

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20 July 2023

Legal Design Thinking / Artificial Intelligence / Air Passenger Rights / Metadata of Contracts

Dear readers

Three articles in this issue are dedicated to Legal Design (Thinking). Julian Hundegger* deals in general with the chances of this method for the legal sector and asks which preconditions have to be met in the thinking of lawyers. Vittore Osele* deals with the question of how federal court rulings can be made more understandable or accessible for non-lawyers - and has redesigned a judgment. Antonio Maric*, on the other hand, has suggestions on how to better visualize the contents of data protection declarations. Speaking of visualization: In their TechLawNews, Daniel Ronzani and Simon Schlauri have summarized the most important points of the total revision of the Data Protection Act in key words and with visual aids.

Chiara Zengerer* examines how the decisions of an AI are to be judged in terms of their comprehensibility in comparison to the decisions of human judges. Fabian Teichmann puts himself in the role of a (hypothetical) perpetrator and experimentally investigates how criminals can use generative artificial intelligence to plan and execute DDoS crimes.

Fabio Caramaschi* explores the potential and future development opportunities and challenges of legal tech providers in air passenger law.

Baltasar Cevc, Maik Ebersoll, Klaus Gresbrand, Kai Jacob, Susanne Marks, Jutta Löwe and Dmitri Geidel from Liquid Legal Institute have made an important contribution to contract lifecycle management with their whitepaper on contract metadata.

We wish you an exciting read and a nice summer!

Philip Hanke
Publishing Director

* The articles were written as part of the course «LegalTech and its impact on the world of work» at the HSG. See also the «Next Generation» issue of November 12, 2020.

    Rechtsvisualisierung & Legal Design

    AI & Recht

    • Chiara Zengerer

      Nachvollziehbarkeit von Entscheiden – eine Gegenüberstellung von menschlichen Richterinnen und Richtern und künstlicher Intelligenz

      The comprehensibility of results is one of the greatest challenges in the use of artificial intelligence (AI) in the judiciary. This paper examines how decisions made by an AI compare to decisions made by human judges in terms of their comprehensibility. The analysis of various contributions shows that human decisions do not per se offer better comprehensibility and that the risks of an AI can be partially counteracted with protective measures and controls. In contrast, the greatest obstacles for an AI are the lack of contextual knowledge, the inability to reflect critically, and the provision of the correct reasons for a decision. read on
      • Category: Next Generation
      • Field of law: AI & Law
    • Fabian Teichmann

      DDoS-Angriffe im Kontext generativer künstlicher Intelligenz – Eine experimentelle Untersuchung

      This article builds upon a review of criminal law aspects of DDoS attacks published in Jusletter on September 21, 2021. The present article explores how perpetrators might use generative artificial intelligence to plan and execute DDoS attacks. Specifically, the author puts himself in the role of a (hypothetical) perpetrator and experimentally examines how criminals might use generative artificial intelligence to plan and execute DDoS offenses. In doing so, he concludes that generative artificial intelligence is a far more useful tool from the perspective of perpetrators than previous technical solutions. For example, artificial intelligence formulates individualized e-mails with ransom demands, among other things, replacing human assistants or accomplices. The insights gained in this article are equally relevant for law enforcement agencies and companies. After all, only those who know how perpetrators operate can anticipate and prevent their behavior. read on
      • Field of law: Cybercrime

    • LegalTech

    • Fabio Caramaschi

      Das Potenzial von Legal-Tech-Anbietern im Fluggastrecht

      The Regulation 261/2004 of the European Parliament protects airline passengers by setting compensation for severely delayed or cancelled flights, but airlines often ignore passengers’ complaints, leading to the emergence of Legal Tech providers like «Flightright». These companies enforce the rights of passengers and, as a larger entity, put more pressure on airlines by either acting as a collection agency or buying out passengers’ compensation rights for an immediate payment. The future could involve automation and improved technology for Legal Tech products, but issues related to data protection, differences in international regulations, and potential impacts on the profitability of airlines pose challenges. read on
      • Category: Next Generation
      • Field of law: LegalTech

    • Liquid Legal Institute

    TechLawNews by Ronzani Schlauri Attorneys

    • Daniel Ronzani / Simon Schlauri

      The New Swiss Data Protection Law

      On September 1, 2023, the new Federal Act on Data Protection (FADP) and the new Data Protection Ordinance (DPO) will come into force. Three decades after its introduction, the Swiss data protection law has been revised to reflect technological developments (Internet, digitalization, Big Data, AI etc.) and the EU General Data Protection Regulation (GDPR). Data subjects will benefit from better protection, for instance through greater self-determination and transparency in the collection of personal data. Legal entities are no longer governed by the law. The new data protection law follows a risk-based approach. The revision is also intended to promote self-regulation by industry associations. Companies with 250 or more employees must now keep a comprehensive record of all processing activities. This edition of the TechLawNews summarizes the most significant aspects of the total revision. read on
      • Region: Switzerland
      • Field of law: Data Protection

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