Bridging the Accountability Gap: Rights for New Entities in the Information Society?

Technological developments in the information society bring new challenges, both to the applicability and to the enforceability of the law. One major challenge is posed by new entities such as pseudonyms, avatars, and software agents that operate at an increasing distance from the physical persons "behind" them (the "principal"). In case of accidents or misbehavior, current laws require that the physical or legal principal behind the entity be found so that she can be held to account. This may be problematic if the linkability of the principal and the operating entity is questionable. In light of the ongoing developments in electronic agents, there is sufficient reason to conduct a review of the literature in order to more closely examine arguments for and against legal personhood for some nonhuman acting entities. This article also includes a discussion of alternative approaches to solving the "accountability gap."

Identity [R]Evolution: Multi-Disciplinary Perpectives

The identity [r]evolution is happening. Who are you, who am I in the information society? In recent years, the convergence of several factors - technological, political, economic - has accelerated a fundamental change in our networked world. On a technological level, information becomes easier to gather, to store, to exchange and to process. The belief that more information brings more security has been a strong political driver to promote information gathering since September 11. Profiling intends to transform information into knowledge in order to anticipate one's behaviour, or needs, or preferences. It can lead to categorizations according to some specific risk criteria, for example, or to direct and personalized marketing. As a consequence, new forms of identities appear. They are not necessarily related to our names anymore. They are based on information, on traces that we leave when we act or interact, when we go somewhere or just stay in one place, or even sometimes when we make a choice. They are related to the SIM cards of our mobile phones, to our credit card numbers, to the pseudonyms that we use on the Internet, to our email addresses, to the IP addresses of our computers, to our profiles... Like traditional identities, these new forms of identities can allow us to distinguish an individual within a group of people, or describe this person as belonging to a community or a category. How far have we moved through this process? The identity [r]evolution is already becoming part of our daily lives. People are eager to share information with their "friends" in social networks like Facebook, in chat rooms, or in Second Life. Customers take advantage of the numerous bonus cards that are made available. Video surveillance is becoming the rule. In several countries, traditional ID documents are being replaced by biometric passports with RFID technologies. This raises several privacy issues and might actually even result in changing the perception of the concept of privacy itself, in particular by the younger generation. In the information society, our (partial) identities become the illusory masks that we choose -or that we are assigned- to interplay and communicate with each other. Rights, obligations, responsibilities, even reputation are increasingly associated with these masks. On the one hand, these masks become the key to access restricted information and to use services. On the other hand, in case of a fraud or negative reputation, the owner of such a mask can be penalized: doors remain closed, access to services is denied. Hence the current preoccupying growth of impersonation, identity-theft and other identity-related crimes. Where is the path of the identity [r]evolution leading us? The booklet is giving a glance on possible scenarios in the field of identity.

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What is a virtual person? What is it used for? What is its added value? Virtual persons sometimes describe avatars and new forms of identities in online games. They also appear in other contexts; some authors use them in the legal domain. Within FIDIS, the concept of virtual person has been extended in order to better describe and understand new forms of identities in the Information Society in relation to rights, duties, obligations and responsibilities. Virtual persons, as other virtual entities, exist in the virtual world, the collection of all (abstract) entities which are or have been the product of the mind or imagination. The virtual world -not to be confused with the digital world- allows a unified description of many identity-related concepts that are usually defined separately without taking into consideration their similarities: avatars, pseudonyms, categories, profiles, legal persons, etc. The legal system has a long experience of using abstract entities to define rules, categories, etc., in order to associate legal rights, obligations, and responsibilities to persons that can be considered instances of these abstract entities in specific situations. The model developed within FIDIS intentionally uses a similar construction. n this chapter, after having explained the model, we apply it to pseudonyms. Then we explore the concept of virtual persons from a legal perspective. Eventually, we introduce trust in the light of virtual persons.