Clement Guitton

This book provides insights into how AI is changing legal practice, government processes, and individuals’ access to those processes, encouraging each of us to consider how technological advances are changing the legal system. Particularly, and distinct from current debates on how to regulate AI, this books focuses on how the progressive merger between computational methods and legal rules changes the very structure and application of the law itself.We investigate how automation is changing the legal analysis, legal rulemaking, legal rule extraction, and application of legal rules and how this impacts individuals, policymakers, civil servants, and society at large. We show through many examples that a debate on how automation is changing the law is needed, which must revolve around the democratic legitimacy of the automation of legal processes, and be informed by the technical feasibility and tradeoffs of specific endeavors.

This book provides insights into how AI is changing legal practice, government processes, and individuals’ access to those processes, encouraging each of us to consider how technological advances are changing the legal system. Particularly, and distinct from current debates on how to regulate AI, this books focuses on how the progressive merger between computational methods and legal rules changes the very structure and application of the law itself.We investigate how automation is changing the legal analysis, legal rulemaking, legal rule extraction, and application of legal rules and how this impacts individuals, policymakers, civil servants, and society at large. We show through many examples that a debate on how automation is changing the law is needed, which must revolve around the democratic legitimacy of the automation of legal processes, and be informed by the technical feasibility and tradeoffs of specific endeavors.

Attribution - tracing those responsible for a cyber attack - is of primary importance when classifying it as a criminal act, an act of war, or an act of terrorism. Three assumptions dominate current thinking: attribution is a technical problem; it is unsolvable; and it is unique. Approaching attribution as a problem forces us to consider it either as solved or unsolved. Yet attribution is far more nuanced, and is best approached as a process in constant flux, driven by judicial and political pressures. In the criminal context, courts must assess the guilt of criminals, mainly based on technical evidence. In the national security context, decision-makers must analyse unreliable and mainly non-technical information in order to identify an enemy of the state. Attribution in both contexts is political: in criminal cases, laws reflect society's prevailing norms and powers; in national security cases, attribution reflects a state's will to maintain, increase or assert its power. However, both processes differ on many levels. The constraints, which reflect common aspects of many other political issues, constitute the structure of the book: the need for judgement calls, the role of private companies, the standards of evidence, the role of time, and the plausible deniability of attacks.

Attribution - tracing those responsible for a cyber attack - is of primary importance when classifying it as a criminal act, an act of war, or an act of terrorism. Three assumptions dominate current thinking: attribution is a technical problem; it is unsolvable; and it is unique. Approaching attribution as a problem forces us to consider it either as solved or unsolved. Yet attribution is far more nuanced, and is best approached as a process in constant flux, driven by judicial and political pressures. In the criminal context, courts must assess the guilt of criminals, mainly based on technical evidence. In the national security context, decision-makers must analyse unreliable and mainly non-technical information in order to identify an enemy of the state. Attribution in both contexts is political: in criminal cases, laws reflect society's prevailing norms and power; in national security cases, attribution reflects a state's will to maintain, increase or assert its power. However, both processes differ on many levels. The constraints, which reflect common aspects of many other political issues, constitute the structure of the book: the need for judgement calls, the role of private companies, the standards of evidence, the role of time, and the plausible deniability of attacks.