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Legal Technology Transformation a Practical Assessment Legal Technology Transformation A Practical Assessment Edited by Andrea Caligiuri editoriale scientifica 2020 LEGAL TECHNOLOGY TRANSFORMATION A PRACTICAL ASSESSMENT Edited by ANDREA CALIGIURI EDITORIALE SCIENTIFICA 2020 PROPRIETÀ LETTERARIA RISERVATA © Copyright 2020 Editoriale Scientifica s.r.l. Via San Biagio dei Librai, 39 – 80138 Napoli www.editorialescientifica.com – [email protected] ISBN 978-88-9391-985-2 SCIENTIFIC COMMITTEE GUIDO LUIGI CANAVESI Department of Law Università di Macerata GIUSEPPE CATALDI Department of Social Sciences and Humanities Università di Napoli “L’Orientale” LIU HUAWEN Institute of International Law Chinese Academy of Social Sciences MONICA STRONATI Department of Law Università di Macerata CHRISTOPH VAN DER ELST Tilburg Law School Tilburg University TABLE OF CONTENTS Preface ……………………………………………………………………………………...… 1 PART I FREE MOVEMENT OF PERSONAL AND NON -PERSONAL DATA Introduction …………………………………………………………………………………… 5 STEFANO VILLAMENA 1. New Technologies, Big Data and Human Rights: An Overview …………………………. 11 ARIANNA MACERATINI 2. Protection of Personal Data and Human Rights between the ECHR and the EU Legal Order ………………………………………………... 21 ALFREDO TERRASI 3. Promoting a Common Understanding of the GDPR: European Data Protection Board and National Data Protection Authorities …………………………. 33 MARCO MACCHIA 4. Protection and Trade of Non-personal Data ……………………………………………… 40 CRISTINA RENGHINI 5. Protection of Personal and Non-personal Data: A Chinese Perspective ……………………………………………………....…………….… 48 YUTING YAN 6. Digital Humanism between Ethics, Law,and New Technologies …………………….…. 65 MARIA CONCETTA DE VIVO 7. Labor Relations, Intelligent Machine, Digital Plants. Legal Problem related to Data and Social Protection ………………………………….…… 80 MICHELE FAIOLI PART II USE OF UNMANNED AERIAL , MARITIME AND GROUND SYSTEMS IN CIVIL AND MILITARY FIELDS Introduction …………………………………………………………………………...…...… 89 STEFANO POLLASTRELLI 1. Air Traffic Control by Satellite: Some Legal Aspects ………………...……………….… 91 SILVIO MAGNOSI 2. A New International Legal Framework for Unmanned Maritime Vessels? ……………. 99 ANDREA CALIGIURI 3. Connected and Automated Mobility of Road Vehicles ………………………………… 110 CARMEN TELESCA 4. The Ethical and Legal Implications of Autonomy in Weapons Systems ………….......… 119 DANIELE AMOROSO , GUGLIELMO TAMBURRINI PART III ARTIFICIAL INTELLIGENCE AND SMART CITIES Introduction ……………………………………………………………………………….... 131 ALESSIO BARTOLACELLI , CHIARA FELIZIANI , FRANCESCA SPIGARELLI 1. Artificial Intelligence Applied to Cities ……………………………………………….…. 133 EMANUELE FRONTONI , LUCA ROMEO 2. Electric Smart Grid ……………………………………………………………………… 140 ALESSIA ARTECONI 3. Smart Cities and Airbnb: Platforms as 'Regulatory Intermediaries' in Short-term Rental Market? …………………………………………………………….… 147 GIACOMO MENEGUS 4. Technological Innovation and Artificial Intelligence Applied to Intermodal Transport: The Case Study of the Port of Ancona …………………………… 154 MATTEO PAROLI PART IV LEGAL RAMIFICATIONS OF BLOCKCHAIN TECHNOLOGY SECTION I BLOCKCHAIN AND CRYPTOCURRENCIES Introduction ………………………………………………………………………………… 167 KONSTANTINOS SERGAKIS 1. The Economic Framework and Applications of Blockchain (Distributed Ledger) Technology …………………………… 170 TAMIR AGMON , LEVY COHEN 2. Blockchain and Privacy: Can they Coexist? ……………………………….……………. 181 MARCO BALDI , DALILA CALABRESE , GIULIA RAFAIANI 3. Blockchain and Criminal Risk ……………………………………………………………. 189 ROBERTO ACQUAROLI 4. Bitcoin and Cryptocurrencies. Tax Law Related Profiles ………………………………. 195 GIUSEPPE RIVETTI , PAOLA CRICCO 5. Blockchain and ICOs (A Sisyphean Juridical Tale on Financial Markets and Innovation) ……………………………………………………….…. 208 ALDO LAUDONIO SECTION 2 BLOCKCHAIN AND LEGAL IMPLICATIONS FOR PRIVATE LAW AND BUSINESS LAW Introduction – The Blockchain Technology between the Law of Contemporaneity and the New Power Structure ………………………………. 223 FRANCESCO GAMBINO 1. Blockchain Application in General Private Law: The Notarchain Case ………………… 229 ENRICO DAMIANI 2. Blockchain Applications and Company Law …………………………………………… 237 FLORIAN MÖSLEIN 3. Anonymity and Pseudonymity. Fintech and the Key Issue of Traceability ……………… 245 ELISABETTA PEDERZINI 4. Blockchain and the Food Supply Chain: The Future of Food Traceability ………...…... 260 PAMELA LATTANZI , SERENA MARIANI List of Authors …………………………………………………………….………………… 269 PREFACE The Digital revolution is the greatest transformative force in human history, and it is creating new challenges for legal systems across the globe. This revolution has defied the traditional tools that Jurists have at their disposal to study, evaluate and regulate social spaces. The latter are in fact subject to a rapid and continuous transformation that has an increasingly significant impact on the governance of national communities and international society. Today, it is the hard task of Jurists to develop a new legal framework to take advantage of this rapid technological change so as to make the world more prosperous and inclusive. The complexity and quantity of relevant topics in this area have led us to select the most significant issues for understanding the phenomenon of transformation of the law in the context of digitalization. Thus, the book is organized into four parts dedicated to the following subject-matters: Part I – Free Movement of Personal and Non -personal Data Part II – Use of Unmanned Aerial, Maritime and Ground Systems in Civil and Military Fields Part III – Artificial Intelligence and Smart Cities Part IV – Legal Ramifications of Blockchain Technology . The areas were chosen among those in which technological innovation seems to be more challenging for the legal categories and institutions of public law, private law and commercial law at national, European and international level. The main purpose of the book is to analyse the needs and requirements for the adaptation of traditional legal models of reference to address the challenges arising from the development and the use of digital technologies and their products. In this regard, a decision was made to take a practical approach in examining the different legal issues. This book also seeks to combine the accuracy of scientific inquiry with a special attention to the necessities of teaching in order to offer a useful tool, not only to legal professionals, but also to university students who for the first time approach the study of these issues. The contributions were written by highly qualified academics and scholars in their field of expertise from different European countries and China. My sincere gratitude goes to all of them. Special acknowledgments go to the Institute of International Law of the Chinese Academy of Social Sciences as scientific partner in this editorial project and to the Department of Law, University of Macerata, that supported it within one of the initiatives implementing the “ Dipartimento di Eccellenza ” Project, entitled “Law and Innovation: Europe and China Facing the Challenges of Globalization”, funded by the Italian Ministry of Education, University and Research. Macerata, 20 December 2020 ANDREA CALIGIURI 1 2 PART I FREE MOVEMENT OF PERSONAL AND NON -PERSONAL DATA INTRODUCTION STEFANO VILLAMENA Part I of this book collects studies on the topic of freedom of circulation of personal and non-personal data. Moving in this wide-ranging research field, the seven authors carried out a transversal survey, investigating among the relationship between Big Data and human rights, the Protection of Personal Data and Human Rights in the European Convention on Human Rights (ECHR) and in the EU legal system, the regulatory authority for data protection at the national and euro-unit level, the regulation of the protection and trade of non-personal data, the regulation of personal and non-personal data according to Chinese legislation, the ethical aspects related to the regulation of artificial intelligence and Big Data and finally how digital technologies affect employment. By looking at the relationship between Big Data and human rights, A. Maceratini highlights the role of Big Data in our society and their ability to produce knowledge. In fact, Big Data contains different types of data, starting from demographic data up to behavioral data, extrapolated from the entire population. These detect by virtue of their predictive effectiveness with consequent enhancement of the quantity rather than the accuracy of the analysis procedure. The significant aspect of predictions consequently implies the economic value of knowledge extraction techniques. The author therefore raises the problem of the relationship between Big Data and Privacy, given the difficulty of establishing when and to what extent the user is aware of the collection of personal data by companies that provide an information service. The problem concerns the imbalance of power between the company providing the services due to the indispensability of them and the user who is led to consent to the release and use of data compromising the self-determination to the processing of data. It should be noted that the problem mentioned is relevant in terms of Big Data since, although they are anonymous data, with appropriate correlations it is possible to refer them to very specific people. For this reason, we need a European discipline that looks at this aspect. On the self-determination side, the author shows the Big Data problem regarding the individual profiling, especially by Big Tech, which creates a filter bubble aimed at showing the user
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