IGF 2021 – Day 0 – Event #113 The Future of the Law of Internet and New Technologies – International Research Group recommendations to the IGF

The following are the outputs of the captioning taken during an IGF virtual intervention. Although it is largely accurate, in some cases it may be incomplete or inaccurate due to inaudible passages or transcription errors. It is posted as an aid, but should not be treated as an authoritative record.



>> MARIUSZ ZALUCKI: Hello, everyone, from Katowice. The city in Poland that is hosting this year's IGF Digital Summit. I have been leading a scientific project. We're going to host the results during this panel. This project concerns the future of the law of the Internet and new technologies. Researchers from all over the world ‑‑ and this is truth ‑‑ since we have worked with lawyers from five different continents, we have been considering a number of issues in this area. The results have been published in a form of a book. I do have this book here with me today. 

I am happy that it was already distributed. I'm happy that the participant has received a copy of this book. If you don't have it, don't worry. It will soon with available with open access. It was a very large project lasting ‑‑ thanks to the pandemic ‑‑ a little bit longer than we anticipated. And this is why the research results probably are almost 500 pages long. We didn't plan it, but somehow it is. You know how it is with scientists, especially with legal scientists. Before we say more about the project, please see a short film that is presenting our achievements. (Video playing) 

>> DARIUSZ: Hello. My name is Dariusz. We're in Poland, in Katowice. We are editors from (?). 

>> MARIUSZ ZALUCKI: This is the best description of the law we've done. We've asked for alternatives for a long time. We wanted to predict its future. So scientists from all over the world have prepared research projects, and the conclusions of this project are inserted in the book. We have just issued the book. It ends with conclusions and recommendations for the Internet community. So I would like to encourage you to read this book and maybe join the discussion with us about the future of the law of the Internet and new technologies. 

>> DARIUSZ: The challenge was special. It was prepared by (?) from five continents: Australia, America, North America, and Europe. Polish leaders, international team, prestigious international (?) welcome in UN IGF 2021. ¶ (music playing) ¶ 

>> Arturo Rivera: Digital justice will require extensive intervention. 

>> WILfried: They should be (?) for the use of content and AI. United Nations should develop globally applicable standards and elaborate recommendations for possible additional (?). These are intended to ensure AI can unfold (?) by keeping the risks manageable an eliminating an acceptable risk by banning certain forms of AI or prohibiting the use of AI in certain judicial scenarios. 

>> I am professor of law in Germany. I have written a chapter on the legal tech and legal services. We will face here, in this area, incredible changes. The profession will be challenged to reshape its way of operation, the rules of ethics, and, also, the legal education must be completely revisited, and possibly reformed. I hope with this book and this chapter, it will help start the necessary discussion in Poland, in my country, and we are a little bit too late, and it is necessary to launch the process of the adjustment to the future. Thank you very much. I wish you a pleasant reading of the book. 

>> The most concerning problems in the use of artificial intelligence tools may arise because of the AI models used and (?) corporate secrecy. There should be corporate practice and explaining of models used. 

>> I'm with the University of Saskatchewan. I recommend that the United Nations develop a rubric of internationally accepted standards of lawyer technological ‑‑ ¶ (music playing) ¶ 

>> Okay. Thank you much for this presentation. I guess it's now time to say a little bit more about the project. We have divided the title issue of the Future of the Law of the Internet and New Technologies into four research areas. Every area ends with specific recommendations for the Internet community. Unfortunately, due to the pandemic regulations and the problems concerned with it, not all of the members of our research team were able to join us today in Katowice. Some of them are with us online, and we will try to present some of the recommendations, but, at the end, I would like to encourage you to read the book and to join the discussion that I think is already running. 

The first area that was explored by our research team was Internet, new technologies, and the sustainable development. I believe this is an important area that cannot be ignored when we're thinking about the future of law and technology. We have Wojciech Filipkowski with us here. He's here because we've considered the issues of criminal liability with the issues of the functioning of smart cities. So, Professor, could you please explain to all the summit participants why the future is also concerned with the necessary changes to the criminal law? 

>> WOJCIECH FILIPKOWSKI: Thank you very much. I hope you can hear me. I wouldn't be able to participate in person, in Katowice, but I hope you can hear me. Together with Rafal Prabucki, we look at the dark side of development of new technologies in connection with the smart city concepts. I think there's a need for certain regulations concerning the applications of new technologies, AI, artificial intelligence because this is very difficult from a criminal law point of view. I'm talk only about the criminal liability of human beings, not the robots or the Androids or artificial intelligence because I think that's far in front of us. This is the future, maybe, but we'll stick to the human beings. We're going to use it. People will operate those technologies, the equipment which has been embedded with the new technologies. 

So it's very important to clearly identify all the obligation and duties of human beings operating the technologies in the concepts of smart city. Because of the criminal law and principles, we have to know who is responsible for what and what are the penalties for these kinds of activities that we think are unlawful. I think we need two things. We need to ensure the real human supervision of fully autonomous systems. And I think we still need an interdisciplinary research involving experts from various different fields of science: IT, ethics, law. These involve liability in general for potential damages. And I think the United Nations should make a force to harmonize standards on a global scale to work between regions. Those are going to be exploited by criminals in order to commit crimes. That's my thoughts on why we need to research criminal law in connection with new technologies and artificial intelligence, in particular. Thank you. 

>> MARIUSZ ZALUCKI: Thank you very much, Professor Filipkowski. Before we go further, I would say there's a responsibility to ask for headphones. This is the way to try to hear us a little bit better. We have, also, devoted our research to more broad subject of eco‑smart cities. We have asked our guests from New York. Magdalena Stryja is from Katowice. They think eco‑smart cities are important in industrialized society. Please talk about why ‑‑ Magda is here. You can start. I hope Alexandra will also join us in the discussion. 

>> MAGDALENA STRYJA: I'm Magdalena Stryja. I'm a legal specialist for sustained development and I cooperate with Katowice bar council and Police Supreme Bar, but before we go to the recommendations about the eco‑smart cities, I would ask to let (?) in using the link. (Overlapping speakers) 

>> MARIUSZ ZALUCKI: This is already happening. Maybe you can start presenting the recommendation. I hope she will join us. 

>> MAGDALENA STRYJA: So not to waste time. Yes. Thank you for the invitation to the project and for today. Is to issues raised in our chapter are complex and demonstrate how the eco‑smart city has the ability to further the sustainable developmental goals and the needs of individual states and municipalities. Several recommendations can be made to the United Nations framework as well as the international and national system more broadly. So our first recommendation is adapt and encourage the implementation of guidelines and oversight mechanism to ensure that technology and associated infrastructures needed to support it are reliable and accessible to all. 

This is particularly important in crafting the eco‑smart city and enabling the creation of eco‑smart city s even when they're significant municipalities. The overall national, regional, and international COVID‑19 pandemic relief recovery includes achieving the smart city essential elements and which encourage creating sustainable incomes. The third of our recommendation is encourage the entrenchment of rule of law across all systems, especially those related to Internet and digital infrastructure and governance. These will be of particular importance in the post pandemic world. Our recovery is linked with access to information and technology. Do we have connection or not? 

>> MARIUSZ ZALUCKI: I have received information that she is still not connected. It seems like you do have to make all ‑‑ 

>> MAGDALENA STRYJA: Okay. Our fifth recommendation is to incorporate the lessons from the COVID‑19 into the public health system and provision of essential services during times of emergency and design effective public information to combat misinformation. These are essential in all context but particularly so in the context where evidence has shown that access to essential service has been difficult, especially in lower and middle‑income areas and where public health infrastructure is not designed for mass response. Well, we have a lot of recommendations, but I think that I am out of time. 

>> MARIUSZ ZALUCKI: This is a very interesting subject, but everybody can read the book and join in the discussions. 

>> MAGDALENA STRYJA: That's why I will probably give the floor to Professor Wojciech. 

>> MARIUSZ ZALUCKI: I was just informed that we have made a connection with Maddalena Castellani who can talk about Cloud computing. Please, Maddalena, the floor is yours. 

>> Maddalena Castellani: I would like to thank on behalf of my co‑author that is not here and Roberto (?) that is here next to me. Professor (?) and as well as the Polish government for inviting us to participate. I do not intend to talk about the content of our paper in this speech, but I would like to leave a suggestion. With the University of (?), in particular with my co‑author who is present here, as I told you before, he's the deputy director of the University of Verona. Now, in Verona, (?) while the current pandemic has accelerated between (?) and enterprises, it has also shown how current technology systems are increasing (?) cyber attacks. With the cloud computing systems (?) first the legal aspect within the larger set of outsourcing context highlighting the (?) especially with the need to comply with the rules of GDPR. 

We offer possible technology solution (?) based on the cloud. This solution is not legal but technical. The scientific process is analyzed. What I would like to leave is a suggestion to the United Nations and to my colleagues (?) allow businesses and cities to enjoy the chronological progress without having to pay ransom for the loss of their freedom (?) that today offer ‑‑ I pass the floor to my co‑author for a brief record on the possible technological solution. 

>> Thank you. I will tell you I have a couple of slides. I don't know if I can share the screen. Can I? Hello? Can I share the screen? 

>> MARIUSZ ZALUCKI: I think this will not be possible. 

>> Roberto: Okay. I can talk. With respect to standard encryption where we encrypt data, those data encryption is completely unreadable from the outside. So they're unreadable from the Cloud. We encrypt data. We upload the data into the cloud. Then the cloud can make corrections over encrypted data. So, basically, in a kind of blind way and return results with respect to our purposes. So this looks like magic, but it's not magic. It's technology. The technology is developing now, in these days, in these years. And it's something that the technology can provide for specific operations like operations for manipulating numbers, making computations, and transforming images. So this is a perfect situation where confidentiality and privacy is assured. The cloud can manipulate the data for useful results. We believe everyone interested in privacy and security should have a deep look at this technology because this technology would be a true paradigm shift for the next 10 years. That's it. 

>> MARIUSZ ZALUCKI: Thank you very much. It was actually nice to spend a moment in the sun in Italy especially because the weather today in Katowice is really awful. One of the research areas that we were also working on was the Internet, new technologies, and the justice system. While we've asked from Mexico City, Professor Rivera ‑‑ if I correctly pronounced your name ‑‑ and the issues that the professor with his co‑researcher was interested in was the idea of constitutionalization of the digital justice. So, please, tell us why that is so important and what is the first proposal of Mexico in this area. 

>> One of the things that has been surprising is (?). He loves to put human characters through enormous tragedies, through great perils. It's not interesting to extraordinary situations but it is regarding what lies in human nature. With the pandemic, it showed what lies in the core of the justice system. When the pandemic started, particularly in Mexico, the justice system completely stopped, like a clock. The caseload was growing. The courts stopped functioning. We suddenly faced the reality that without the possibility to actually go to court, the justice system was in complete paralysis. 

Even since 2013, Mexico had already operated with a system online regarding some special kind of procedural called (?). The justice system simply collapsed. The Supreme Court was forced, with the council of the judiciary (?) to other parallels of the justice system. This led many legislators to realize that the justice system without the possibility of employing online procedures would lead to very complicated situations. It's not only not desirable as it was in 2013 when the situation was introduced, but it was necessary. The Mexican case allowed Dr. Rodrigo (?) and myself to reflect on what happens when different countries realized this and decided whether or not to amend our constitutions to state constitutional rights to digital justice? Mexico presented an amendment to a proposal to the Mexican constitution to characterize justice as digital. 

It was passed on one of the chambers and is waiting on discussion on the second chamber. However, we realized ‑‑ and that's what Dr. Rodrigo (?) and myself put forward. It's not a discussion on normal provisions that are easy to be seductive on the normative illusion that it's going to change the mechanism. It's not so. It will be loosely based on factors (?) technological interactions to let people know of the procedures and to avoid a rather transposition of existing procedures to an online sphere but rather creating new procedures that are designed to be held online, to be held remotely, that is not try to enforce the positions but rather to create new ones that will be allowed into this reality. We particularly face these subjects because at the time of writing the study, I was a senior law clerk at the Mexican Supreme Court, and the doctor was at the (?) Mexico City. We experienced firsthand these problematics. We tried to lay upon these discussions that this is not anymore a desirable discussion but a necessary one. Thank you. 

>> MARIUSZ ZALUCKI: Thank you very much. The problem of digital justice is really something that we will, for sure, work with in the nearest future and maybe start another research group because this is so interesting. And now we can come back to the idea of an eco‑smart cities. I think they also need digital justice because we have with us Professor Alexandra Harrington. Can you briefly add something to the recommendations that Maddalena has already presented? 

>> Alexandra Harrington: I apologize I cannot be there. I hope we can get together in the future. Maddalena did a really good job of summarizing everything. I wanted to highlight several overall themes from our presentation and our chapter. The first is the idea that rule of law, connections with technology and infrastructure in cities is critical. It's critical to how we build and respond to the pandemic as well as how we respond to climate change and other pressing issues. Additionally, creating and implementing guidelines and government systems generally for technological infrastructures, including the delivery of health care and infrastructure and public health and welfare systems is critical. 

We've seen this during the pandemic. This is really only the tip of the iceberg in eco‑smart cities. Technology in relation to infrastructures is available across all levels of income and society living in cities and urban areas. It will be critical. We've identified these as the three main themes that run throughout our recommendations. As Maddalena mentioned, we have several to the UN and others both those in developed states and those in developing states. But it is a very exciting time to study law and the intersection of law and the rule of law in particular governance. Thank you all very much. I hope you enjoy the rest of your time. 

>> MARIUSZ ZALUCKI: Thank you very much. As I said, this is a very important issue. It cannot be ignored when we're thinking about the use of law in technology. Some of us cannot also imagine the life of a lawyer without technologies and the part of the research that we have done enters the area of lawyers' offices, but, unfortunately, we do not have time to present all of the areas of our research, but I would like to again encourage you to find a book and read it and join the discussion about the future, also the future of lawyers, not only the future of the law. 

As you can imagine, as Rivera has explained, we've reflected on the judiciary. We see some new opportunities, especially in regulations to artificial intelligence which may be able to replace (?) perhaps judges in the future. Who knows. We also see significant threats to that administration of justice and the judiciary. I hope that professor Bernhardt is already with us. Professor Bernhardt has explored the judiciary and has observation s and recommendations regarding what should be done. If you're with us, please explain to us why it is so important to think about the future of judiciary in the area of new technologies. So I guess we're expecting technological problems. It's normal. 

We're at the digital summit, and we're talking about new technologies, and sometimes new technologies do not help in this area. As I have already explained, we think that it is possible in the nearest future that artificial intelligence would replace human beings in courts. It is not that hard to imagine, but, first, we really do need to think about the constitutional standards and human rights protection standards. After the discussion on those two vital issues is done, then we can start selecting cases that can be solved by a computer. I think, in Poland, as some of you already know, we have something that can be easily replaced by artificial intelligence. This something, it's where judges have about four minutes to make according to statistics ‑‑ I think four minutes is not something that's really well thought around the case. 

It's probably possible that the activity of a human being can be replaced by a judge and some interesting system of appeal can be executed. I have no idea if we're connected with Professor Bernhardt. Professor Bernhardt, can you hear us? It doesn't look like so. We have only three minutes left, so I guess this is a gift from Santa Claus to all of the participants of the digital summit. I didn't expect that we would finish before the deadline. Somehow, it is possible. Thank you very much. It was really a pleasure to see that somebody else is interested in this subject, not only the research team. Basically, it was only a selection of the issues we wanted to present, and we're hoping that you will actually read the book and join the discussion of the future of the Law and the Internet Of Technology. This is necessary for functioning. Counting on this discussion, I would like to say goodbye and invite you to participate in the future events that we intend to organize. Hypo, also, that we will be able to meet in the post‑pandemic world soon and discuss the issues that concern us. Thank you very much. It was a pleasure to present these issues. Goodbye.