Legal Considerations of AI, Big Data & Blockchain

1 Getting Started (including assessment overview)

Fri, 24 Feb 2023 03:04:03 +0000

00:00 Introduction

00:29 Plan your week

04:23 Assessment in this course

08:36 Mapping topics to assessments

10:36 Information about Assessment 1

16:00 Up next: The “jurisdiction” problem

2 The Jurisdiction problem

Fri, 24 Feb 2023 03:05:31 +0000

00:00 Introduction - The “jurisdiction” problem

00:17 What is jurisdiction?

05:13 Legal considerations

07:04 Some key concepts (or where we're heading next)

3 Jurisdiction & regulation (and the Internet)

Fri, 24 Feb 2023 03:07:16 +0000

00:00 Introduction

06:51 Regulation

11:21 A Declaration of the Independence of cyberspace

13:20 But….

15:38 Clinton Framework for Global Electronic Commerce

17:04 Code as Law

21:45 Where next?

For those who are interested:

- Avenue Q - The Internet is for Porn https://www.youtube.com/watch?v=LTJvdGcb7Fs

Slides are available on Canvas.

4 States, sovereignty and territoriality

Fri, 24 Feb 2023 03:08:45 +0000

00:00 What is a State?

02:01 Sovereignty

03:22 Territoriality

05:42 Subjective territoriality

05:57 Objective territoriality

07:49 The effects doctrine

09:47 Some key terms

10:11 Extraterritorial principles

5 Choice of Law

Fri, 24 Feb 2023 03:11:10 +0000

Warning! This explainer includes some Latin! Lex locus deliciti, Forum non conveniens & a discussio of extraterritorial judgments

00:00 Introduction

00:02 Which law applies?

6 Private v Public International Law

Fri, 24 Feb 2023 03:12:40 +0000

A quick explainer of these terms and how they are different.

7 The Yahoo! Case

Fri, 24 Feb 2023 05:48:42 +0000

An overview of the facts, court proceedings, principles and importance of this case.

8 X v Twitter

Fri, 24 Feb 2023 06:40:47 +0000

Challenge yourself to read this case.

You'll find it online here:

9 Gutnick v Dow Jones

Fri, 24 Feb 2023 07:32:15 +0000

Another challenge for you - read this case! Dow Jones & Co Inc v Gutnick [2002] HCA 56; 210 CLR 575

10 Workshop 'Recording'

Wed, 01 Mar 2023 21:23:02 +0000

You can find the media release from the eSafety Commissioner here.

1 Important terminology

Fri, 03 Mar 2023 01:00:15 +0000

A discussion of some important terms used throughout this course:

innovation,
disruption, and
industry 4.0

2 A (very) brief history of technology

Fri, 03 Mar 2023 01:00:15 +0000

Some important ideas and concepts that are foundational for the rest of this course.

See Canvas for the powerpoint containing infographics and some links to materials.

3 What is IoT?

Fri, 03 Mar 2023 01:00:13 +0000

4 Legal considerations of IoT

Fri, 03 Mar 2023 01:00:14 +0000

5 What is big data?

Fri, 03 Mar 2023 01:00:14 +0000

Week 3 Important concepts

Fri, 10 Mar 2023 01:00:16 +0000

What we will cover this week.

Why do we need to define what AI is?

Defining AI - Intelligence and algorithms

Fri, 10 Mar 2023 01:00:17 +0000

00:00 Introduction

00:48 So what is INTELLIGENCE?

05:32 Human intelligence

07:58 What are algorithms?

10:05 Some important terms

The Turing Tests...

Fri, 10 Mar 2023 01:00:17 +0000

... and other ways of determining whether a machine is intelligent

00:00 Introduction - Ada Lovelace

02:01 Turing, the Enigma machine and the Turing Test

06:37 Origins of AI

When machines make decisions

Fri, 10 Mar 2023 01:00:16 +0000

00:00 Complex decision making - the key issue

2:11 What are the relevant principles for ‘trustworthy’ AI?

11:08 Black box - explaining reasoning

12:54 Trustworthy AI

14:57 Consumer, competition & dataprotection - three relevant regimes

16:00 Consumer activism with AI

Important note

Fri, 17 Mar 2023 01:00:11 +0000

What this week is all about - and an important reminder to make sure that you listen to and episode of The Minefield Podcast before attending the tutorial. Click on this link to find it.

Law and ethics concepts

Fri, 17 Mar 2023 01:00:13 +0000

Some important jurisprudential concepts that will help us contextualize this week's readings.

00:00 Refresher… important jurisprudential concepts

03:20 Ethics v Law

09:32 Why are we looking at fictional rules?

12:07 Asimov's 3 Laws of Robotics

15:51 What are the features of a {good} law?

21:36 Laws are regularly ‘recalibrated’ to respond to change…

23:13 So what’s coming up next?

Autonomy Part 1 - Automation, jobs and employment law

Fri, 17 Mar 2023 01:00:12 +0000

00:00 Automation, jobs and employment law implications

02:15 Technology can no longer only be thought of as a tool

03:23 Jobs and employment law

09:26 Case Study – Human v Robo Advisers

Autonomy Part 2 - Intellectual Property Rights

Fri, 17 Mar 2023 01:00:13 +0000

00:00 Introduction

03:23 What are IPRs?

11:08 Monkey Selfie Case

14:32 Commissioner for Patents v Thaler

16:14 Presentation Paused

18:49 What are the policy issues?

20:35 Next: Capacity and Legal Status (Legal Personhood)

Should AI have legal personality?

Fri, 17 Mar 2023 01:00:11 +0000

00:00 What is legal personality? Why is this an important question?

06:02 Indian law recognises two types of legal person

07:29 Personhood isn’t only about liability…

12:33 The EU is leading the way

14:18 The European Group on Ethics in Science and New Technologies say ‘moral responsibility’ cannot be shifted to autonomous technologies.

16:48 Sophia is an AI with citizenship

17:39 There's always a human behind the machine

18:31 Contracts

What features will future AI laws have?

Fri, 17 Mar 2023 01:00:09 +0000

Liability for autonomous systems

Fri, 24 Mar 2023 03:57:22 +0000

00:00 Introduction

04:16 Australian Law: Liability

06:53 Elements of Negligence

07:11 Donoghue v Stevenson

11:36 Breach + Causation

13:12 Warning - you may not want to watch

13:55 Uber 2018 Incident causing death

15:38 What are the legal issues?

18:52 Fault based, strict or objective liability?

22:55 A quick note about 'Negligent homicide' - Australian law is similar but not the same

Focus on civil liability in Australian Law

Fri, 24 Mar 2023 03:59:40 +0000

If you're a law student and you've completed torts you may wish to skip this one!

00:00 Negligence

03:09 Duty of Care

10:38 Breach of Duty

12:10 Paris v Stepney Borough Council [1951] AC 367

13:53 Wyong Shire Council v Shirt [1980] HCA 12

17:20 March v E & MH Stramare Pty Ltd [1991] HCA 12

Who is responsible? A legal mystery!

Fri, 24 Mar 2023 04:00:46 +0000

So this one is a bit different... I'm not 100% sure that anyone actually watches my videos, so I thought I'd do something a bit different. I got ChatGPT to help me with a first draft - and after a bit of back and forth we wrote a poem... as you will see, I make a better teacher than I do a performer! If you hate this, then you should let me know... that way I know you're watching. If you love it... well same applies. If I hear nothing, I'll assume I'm talking into the abyss.... who knows what will happen.

On a dark and stormy night, we begin our mysterious quest,

To uncover the truth about autonomous systems and the legal tests.

Prepare yourselves, brave students, for the enigma we will decode,

and in this video I will reveal some riddles along the road.

In order to unravel the problematic knots of liability

We'll need to battle the demons of perplexity

Risk allocation and legal certainty will be considered,

For a solution to the legal challenges to be delivered.

In the eerie halls of a hospital, a robotic surgeon plies its trade,

But when an operation goes awry, a mystery is displayed.

Who is legally responsible for the harm that has occurred?

The answer to this question is not yet readily unfurled.

In the dim light of the factory, where machines toil and drone,

A worker suffers injury, a tragedy chilling to the bone.

Who must answer for this kind of unfortunate event?

The legal framework will determine whether jail time is spent.

In the realm of finance, where numbers and data reside,

If a robo-advisor's guidance results in losses that can't be denied.

Who will be held accountable for such disastrous fate?

Our investigation will reveal the truth that lies in wait.

In solving these mysteries, students let's together conspire,

To find solutions that will the courts and regulators inspire.

In doing this we recognize that the legal landscape will change,

As common law and legislature adapts to challenges new and strange.

Regulators must look through different lenses and explore,

New ways of thinking, as they've never done before.

By embracing the shifting sands of legal evolution,

We'll craft a framework that leads to a just resolution.

As our investigation concludes, the fog begins to clear,

The framework we desire is now drawing near.

By uncovering the secrets that lay hidden in the dark,

We'll shape the future of autonomous systems and make our mark.

Applying tort law concepts to autonomous systems

Fri, 24 Mar 2023 04:02:57 +0000

00:00 Begin

01:14 Who’s responsible if harm is caused?

04:32 Statute/common law limit the scope of potential liability for negligence

05:57 Wrongs Act (Vic) 1958 - contributory negligence

10:05 Pennington v Norris [1956] HCA 66

11:18 McHale v Watson [1966] HCA 13

13:30 Strong v Woolworths [2012] HCA 5

15:06 National Transport Commission 2022 Report

20:22 Australian Consumer law

Australian Consumer Law (ACL), contract and insurance

Fri, 24 Mar 2023 04:04:00 +0000

00:00 Australian Consumer law

06:44 How might this play out in the real world?

08:32 Can we allocate responsibility before harm occurs?

13:23 Next up: Balancing Innovation and Liability in Autonomous Systems

Balancing regulatory approaches for risk and innovation

Fri, 24 Mar 2023 04:04:41 +0000

00:00 Balancing Innovation and Liability in Autonomous Systems

01:01 European commission: Liability for artificial intelligence and other emerging digital technologies

02:27 What framework makes the most sense to you?

Week 6 Ep 1 - AI applications of big data

Fri, 31 Mar 2023 01:00:15 +0000

Please note that there are some important videos that make up the content of this weeks' lectures that can't be reproduced as podcasts. Please make sure you look at them on Canvas.

Week 6 Ep 2 Australian Applications of AI using Big Data

Fri, 31 Mar 2023 01:00:15 +0000

Some examples of ways that AI, using Big Data, is being put to use in real life.

Up next: Big data feeds the AI that is changing the way the legal profession works

Week 6 Ep 3 Big data and the legal profession

Fri, 31 Mar 2023 01:00:16 +0000

Week 6 Ep 4 Australian examples - AI and big data

Fri, 31 Mar 2023 01:00:13 +0000

Atlassian, NAB and Seeing Machines

00:00 Real World example - Atlassian

05:26 Real-world Example - NAB

10:00 Real world example - Seeing machines

Week 6 Ep 5 Case study: Seeing machines

Tue, 11 Apr 2023 06:55:18 +0000

Let's explore the legal considerations that a company like seeing machines (discussed in the last podcast) might need to take into account.

Week 7 Ep1 Introduction

Fri, 14 Apr 2023 02:00:15 +0000

A quick introduction so you know what to expect this week and over the next 2 and my quick and dirty explainer of what a block chain is and why we need it.

If you are unfamiliar with this and the high level isn't enough for you, I highly recommend that you watch the youtube video that is provided as Part 0 of the lectures for this week.

After this, listen to the McKinsey podcast

Week 7 Ep2 Commercial uses

Fri, 14 Apr 2023 02:00:14 +0000

00:00 Why are people interested in blockchains?

01:34 Reduce corruption and improve contracts

03:12 Blockchain can be used to reform property markets

Week 7 Ep3 Transparency & privacy

Fri, 14 Apr 2023 02:00:15 +0000

00:00 How can blockchain be both transparent and private?

00:28 Cryptographic keys are the key

01:10 Distributed leger technology

03:09 If every transaction is visible, isn’t that a privacy concern?

03:15 Public and private keys

04:56 You’re not anonymous on a blockchain… but you can be pseudonymous

06:32 Enforcing transparency or privacy

Week 7 Ep4 Challenges

Fri, 14 Apr 2023 02:00:12 +0000

00:00 Intro

00:31 Regulatory clarity

00:31 Presentation Paused

01:46 Privacy & data protection - inconsistent

03:24 Intellectual property rights

03:59 Contracts & enforcement

04:43 Standardisation and interoperability

Week 9 Part 6 Ethics and Risk Part 2

Sat, 29 Apr 2023 08:55:05 +0000

00:00 Introduction

01:07 BUT…..

01:14 Practical considerations

09:06 High levels of uncertainty….

12:52 CityDAO

16:44 Moore (2021)

20:54 Gomez (2022)

21:32 Questions? Concerns? Frustrations? Compliments?

Watch on YouTube: https://youtu.be/vAk-m3FuIMg

Week 8 Part 1 What to expect

Fri, 21 Apr 2023 02:00:23 +0000

What to expect this week

Week 8 Part 2 Let's talk about money, honey

Fri, 21 Apr 2023 01:59:00 +0000

Before we dive in too deep into the legal considerations of cryptocurrencies, let's take a few minutes to think about what money is and how traditional currencies have evolved over time and what kinds of issues a decentralised currency might suggest.

I use props in this recording - you might find the video more helpful. You can find it here.

Week 8 Part 3 - Feedforward A2B - Critiquing a scholarly article

Fri, 21 Apr 2023 02:00:22 +0000

Week 8 part 4 Legal Considerations and Cryptocurrencies

Fri, 21 Apr 2023 02:00:21 +0000

Taking the opportunity to use one of your key readings to critically identify and consider some of the key legal considerations arising in relation to cryptocurrencies.

Article: Chen, E. (2021). Cryptocurrency as the modern-day bretton woods: comparative analysis of legal approaches to blockchain technology. Transnational Law and Contemporary Problems, 30(2), 289-309.

00:00 Introduction

00:25 Key reading: Cryptocurrency as the Modern-Day Bretton Woods: A Comparative Analysis of Legal Approaches to Blockchain Technology

06:39 Thinking about assignment 2B.. You might want to critique Chen

11:51 The missing crypto queen

14:47 Diem – Meta’s crypto currency

18:38 Comparative approach – PCR v USA (Chen, 2021) and Australia

27:42 Check the sources

28:24 State controlled cryptocurrencies – Central Bank Crypto Currencies

29:34 Recommendations (Chen, 2021): Global impact demands global harmonisation

Week 8 Part 6 Legal Considerations of Smart Contracts

Fri, 21 Apr 2023 02:00:20 +0000

00:00 Smart contracts

00:56 Definitions

01:13 Presentation Paused

02:42 Use cases…

07:49 What's an Oracle?

09:34 Smart Contracts (SC) v Traditional Contracts (TC)

16:22 Remember Lessig?

16:26 We’ll talk about DAOs in future weeks

17:09 Questions?

Week 9 Part 1 Introducing DAOs

Fri, 28 Apr 2023 04:50:26 +0000

00:00 Distributed Autonomous Organisations (DAOs)

00:46 Defining the DAO – What is its purpose?

02:21 Blockchain (distributed ledger technology – DLT) and smart contracts.

03:25 Australian examples?

06:26 What are the benefits?

06:39 Benefits?

07:12 up next....What is a company?

7:44 Questions?

Week 9 Part 2 What is a company?

Fri, 28 Apr 2023 05:16:36 +0000

I use props in the video... you might find it more useful to watch this one. Here's a link to the video.

00:00 Start

00:09 What is a company?

01:07 Let’s start by thinking about the purpose….

05:38 Up next - Let’s talk about shareholders

06:20 Questions?

Week 9 Part 3 Salomon v Salomon & Co

Fri, 28 Apr 2023 07:05:16 +0000

00:00 Introduction

00:47 Background to the case

01:53 the structure

07:01 The Corporate Veil

09:04 Piercing the Veil is possible...

11:46 Questions?

Week 9 Part 4 DAO v Traditional Corporate entities

Sat, 29 Apr 2023 05:05:09 +0000

00:00 Similarities & differences between DAOs and other (Australian) entities or structures

00:26 Important questions

03:20 Comparison

09:55 Making decisions…

12:09 Senate Select Committee on Australia as a Technology and Financial Centre (2021):

18:38 DAO model law Coalition of Automated Legal Applications (COALA)

19:58 The Australian Government agreed with this recommendation in principle…

21:10 Australian Law Reform Commission (October 2022)

27:03 Principles based approach

27:36 Up next... Ethical & Risk Considerations

Week 9 Part 5 Ethics & Risks associated with DAOs (part 1)

Sat, 29 Apr 2023 08:03:16 +0000

Much of this recording focuses on The DAO hack and the Ethereum Fork of 2016. At the beginning I say it will be the last video, but clearly I misjudged time so there is another one to come.

00:00 Introduction

00:01 DAOs

03:32 What are the potential risks?

10:39 Environmental impact....

11:40 Case Study – The DAO Hack in 2016

21:08 SEC response 25 July 2017

Week 8 Part 6 Ethics & risks (part 2)

Sat, 29 Apr 2023 23:04:36 +0000

00:00 Introduction

01:07 BUT…..

01:14 Practical considerations

09:06 High levels of uncertainty….

12:52 CityDAO

16:44 Some things to look for in the reading: Moore (2021)

20:54 Some things to look for in the reading: Gomez (2022)

21:32 Questions? Concerns? Frustrations? Compliments?

Week 10 Part 1 Regulating emerging tech - why and how

Fri, 05 May 2023 02:00:12 +0000

[00:00:00] Regulation of emerging technologies, specifically AI, big data, and blockchain, balancing innovation and protection, refers to the table in Canvas.

[00:01:38] Quick explainer of some key terms; moral hazard in asymmetric information in business explained with a lawyer example.

[00:06:00] Regulation is key in ensuring fair distribution of benefits from technology, protecting vulnerable groups, and informing business decisions for future regulation.

[00:09:50] Legislation can override common law. Regulations are necessary for protecting business and community interests and maintaining competitive economies. Governments must balance regulation with policy outcomes.

[00:11:37] Australia claims to have strong regulation in place, but whether it is effective or not depends on political views and values. Striking the right balance between regulation and innovation is challenging due to the rapid pace of technological advancement. Regulations can become outdated quickly as business models change.

[00:13:38] Regulating new technologies can hinder business growth and innovation, but disruptive models also displace established firms and products, changing work and offering benefits.

[00:16:17] Balancing regulation to enable AI and blockchain development while ensuring societal wellbeing is critical. Recognizing problems and gaps in existing regulations is necessary before intervening for public safety and environmental concerns.

[00:22:45] Regulation effectiveness can be evaluated and improved through compliance rates, impact assessment, feedback, and updates. National Blockchain Roadmap is an example of a policy that influences blockchain regulation, but there's still progress to be made. When assessing policy roadmaps, consider objectives and goals.

[00:24:10] Consider relevance, stakeholders, resources, compliance, accountability, implementation, and evaluation when looking at blockchain policy goals. Also, read Weimer and Marin's article on regulating new technologies.

[00:26:42] The article discusses the challenges of regulating new technology in the European Union and emphasizes the importance of trust for effective regulation. The text also introduces a special issue of a journal focused on interdisciplinary research on law and regulation for emerging technologies.

Week 10 Part 2 Permissionless innovation

Fri, 05 May 2023 02:00:13 +0000

[00:00:00] Permissionless innovation allows for new technology development without regulatory approval, promoting faster growth but potentially leading to unforeseen consequences. Legal considerations for AI, Big Data, and blockchain should balance minimizing regulations to promote innovation with ensuring appropriate use.

[00:02:19] Recommends reading Theirer's arguments on precautionary principle vs permissionless innovation in emerging technologies, including IoT, AI, big data, blockchain. Precautionary principle means holding back until proven safe, while permissionless innovation allows experimentation unless potential harm is compellingly demonstrated.

[00:03:52] Legal landscape varies by country, with socialist or communist countries favoring precautionary laws to protect people and values, while Western democratic countries favor permissionless innovation and business growth, with regulation developed if policies are not working. (Risking over simplification)

[00:06:12] Discusses the ideological differences between left-wing and right-wing perspectives on government involvement in regulating innovation and protecting individuals, and suggests that you should determine your own values in order to understand and engage in these debates.

[00:08:30] Theirer argues against a precautionary mindset in public policy, stating that it inhibits innovation and growth. He also believes that mistakes and occasional failures are necessary for wisdom and growth, and not all ethical or best practice principles make wise policies.

[00:09:50] Solutions to social problems should be organic and bottom-up, reasons that Theirer argues that the permissionless innovation approach is better than precautionary principle, burden of proof should be on those in favor of controls.

[00:11:12] Discusses the concept of burden of proof. Theirer suggests that the burden of proof should be on those proposing regulations and permissionless innovation should be the default policy.

[00:15:31] Finding and understanding law online has been made easier with AI advancements and policy changes, compared to early limitations on the use of ARPAnet.

[00:17:10] Theirer argues policymakers can't influence cultural attitudes for entrepreneurship. Growth-oriented innovation policy requires tolerance towards the unfamiliar. Further he argues that the intention behind the development of a technology isn't relevant for its use, limiting regulation may hinder its potential. Read the IoT case study on page 18 of chapter one.

[00:18:45] Cath's view? Policymakers should encourage IoT growth for faster technological revolution, despite potential negative impacts, and discuss regulation in future videos.

Week 10 Part 3 Regulation as a multimodal concept

Fri, 05 May 2023 02:00:12 +0000

00:00 Regulation as a multimodal concept

00:24 Code and other laws of cyberspace

05:31 AI, Blockchain, and code as law…

11:42 Pathetic dot theory

12:35 Hypothetical: AI recruitment tool

14:37 Hypothetical: Blockchain based supply chain solution

18:04 Questions?

Week 11 Part 1 Introduction to futures and foresight and key terms

Fri, 12 May 2023 02:00:10 +0000

As we often do, the purpose of this recording is to make sure we're all on the same page when it comes to the language that we're using.

00:00 Begin

01:35 Some important terms

01:55 Presentation Paused

09:00 Foresight process and methodology

17:13 Gartner Hype cycle

21:58 ADM

22:30 Future trends and scanning methods

Week 11 Part 2 Futures and foresight methods and techniques

Fri, 12 May 2023 02:00:09 +0000

Let's look at the tools that futurists use to develop strategic foresight and try and think of the ways that they might be used by regulators, industry incumbents and by entrepreneurs in the context of AI and blockchain advancements.

00:00 Future trends and scanning methods

00:30 Horizon scanning

06:46 The Delphi Method

09:09 Scenario Planning

10:49 Backcasting

13:56 How might these techniques be used?

14:41 What levers are available?

PLEASE NOTE THAT THIS WEEK THERE ARE TWO VIDEOS PREPARED BY OTHERS THAT CAN'T BE PROVIDED AS PODCASTS THAT ARE INCORPORATED INTO THE LECTURES. Please go to Canvas to find them.