As artificial intelligence technologies are increasingly deployed by government and commercial entitles to generate automated and semi-automated decisions, the right to an explanation for such decisions has become a critical legal issue. As the internal logic of machine learning algorithms is typically opaque, the absence of a right to explanation can weaken an individual’s ability to challenge such decisions. This article considers the merits of enacting a statutory right to explanation for automated decisions. To this end, this article begins by considering a theoretical justification for a right to explanation, examines consequentialist and deontological approaches to protection and considers the appropriate ambit of such a right, comparing absolute transparency with partial transparency and counterfactual explanations. This article then analyses insights provided by the European Union’s General Data Protection Regulation before concluding by recommending an option for reform to protect the legitimate interests of individuals affected by automated decisions.
Private international law has developed on the premise of geographically discrete areas that could be effectively governed by nations with clear and delineated boundaries. The nature of internet communications however dissects and transcends national boundaries. In such a landscape of technological evolution, it is necessary to design new technologically-neutral principles for determining internet jurisdiction. While there is widespread agreement on the nature of the challenge posed by internet jurisdiction, there is significant divergence in the solutions proposed. The proposed solutions range from strengthening existing jurisdiction rules, to developing the present jurisdiction rules, to creating a new language of jurisdictional basis for the determination of internet disputes. After a consideration of the merits of the various veins of scholarship on this complex issue, it is recommended that the movement to unification through international convention provides the most effective solution to achieve consistency and certainty in the determination of jurisdiction in internet disputes.
Chinese copyright laws have not yet given sufficient consideration to copyright exceptions or limitations to facilitate access to copyright works for persons with a print disability. Now that China has become a signatory party of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, it would be significant if China could amend its copyright laws so as to end the “book famine” for a huge population with a print disability. The objective of this paper is to evaluate the effectiveness of Chinese copyright exceptions for the print disabled and propose amendment options for China's copyright law to ensure compliance with its signatory obligations. To this end, the paper provides an overarching examination of China's copyright exception arrangements for the print disabled, identifies the gap between Chinese copyright laws and the Marrakesh Treaty, and analyses previous proposals on copyright law reform.
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