(Pontificia Universidad Católica del Perú, 2021-11-22) Izquierdo, H. Andrés
There is growing attention and discussion on how national laws or international agreements should allow or prevent the fundamental right to research through text and data mining, and artificial intelligence. This article examines how copyright laws are beginning to regulate the subject matter. The most recent legislative amendments cover the inclusion of new exceptions and limitations in the rules of reproduction, storage, and public communication of works.The analysis indicates that the standards adopted or used to regulate text and data mining (TDM) vary in their content and purpose from one country to another, which begins to generate a varied, inadequate, and incompatible international environment for project development based in text and data mining and artificial intelligence. The article concludes with some thoughts regarding the right of research, artificial intelligence, data and text mining, and the creation of new limitations and exceptions to copyright law.
(Pontificia Universidad Católica del Perú, 2021-11-22) Castellano, Pere Simón
Judicial proceedings and trials will be digital or they will not be. Overcoming the debate about the convenience of embracing the technological advance does not imply accepting integrated positions de facto. The COVID-19 pandemic has further highlighted the troubles and deficits of Spanish judicial proceedings. A slow justice, paralyzed due to remote work and without resources or guarantees to hold trials at a distance, is not justice. Excuses are running out today faster than ever, since new levels of effectiveness, efficiency, and speed, with full respect of procedural guarantees, can be reached with the use of most modern new technologies.This article explores the possibilities of using artificial intelligence systems in a specific area: the assessment of evidence. In this context, the hypothesis that the article aims to demonstrate is that although the human presence will continue to be necessary in judicial proceedings, artificial intelligence systems could support the free assessment of evidence by the judge and cover those gaps where the human mind shows its most erratic side, such as during corroborations.
(Pontificia Universidad Católica del Perú, 2021-11-22) Valero Quispe, Christian Dennis
There is a tendency to digitalize human activities, as evidenced by computers and the internet. In addition to this trend, there are intelligent machines capable of simulating human behavior known as artificial intelligence, whose development has caused a radical change in the application of the different branches of knowledge, including Law.In this article, the author analyzes the irruption of intelligent systems developed in the field of Law at a national and international level, and also raises the main challenges they represent for the legal world. In addition, he argues that the mechanical part of Law will be carried out by machines, and the practical part by people; in view of which, it is no longer enough to be trained only in legal issues, it is now necessary to be trained also in technology issues, and to give greater emphasis to the subjects of argumentation and litigation. In this way, the author concludes that judges of first instance will probably be replaced by robots, but for the higher instances the decision-makers will be people (by virtue of the ideal of justice).
(Pontificia Universidad Católica del Perú, 2021-11-21) Landa Arroyo, César
Over the last few decades, the relationship of dependence between humans and technology has been progressive and plausible. This has meant a greater use –by the public and private sector– of technological tools such as artificial intelligence and, in particular, algorithms. These last ones enable the performance of everyday activities such as bank transfers and other more complex ones like the early detection of crimes. In this context, the discussion on whether technological criteria should be the only limits in the development of such advances is increasingly growing.In this article, the author analyzes the influence of artificial intelligence and algorithms in various areas of society, emphasizing the risk that these can generate, in terms of fundamental rights, if its application is not limited by the respect of constitutional rights and principles. Additionally, the author evidences the obligation of the State, within the framework of a democratic and social government model, to regulate practices that, making use of technology, are potential instruments of risk to the rights of individuals.
(Pontificia Universidad Católica del Perú, 2021-11-21) Díaz Colchado, Juan Carlos; Castro Arequipeño, Andreé
The use of new information and communication technologies in different areas of society is increasing. On one hand, there is no doubt that technology has a positive impact on society.However, on the other, its application cannot be unrestricted, but rather, based on a harmonious reading of the Constitution, it must be limited on the basis of material criteria such as fundamental rights. In this article, the authors analyze the irruption of new technologies –such as big data and algorithms– in the general theory of fundamental rights, delimiting their concepts, foundations, contents, among others. In addition, the authors explore the impact on certain fundamental rights such as personal freedom and privacy. Finally, from a critical point of view, they distinguish when the use of these new technologies in specific situations becomes constitutional or, failing that, unconstitutional.
