The European legal approach to Open Science and research data

This dissertation proposes an analysis of the governance of the European scientific research, focusing on the emergence of the Open Science paradigm: a new way of doing science, oriented towards the openness of every phase of the scientific research process, able to take full advantage of the digital ICTs. The emergence of this paradigm is relatively recent, but in the last years it has become increasingly relevant. The European institutions expressed a clear intention to embrace the Open Science paradigm (eg., think about the European Open Science Cloud, EOSC; or the establishment of the Horizon Europe programme). This dissertation provides a conceptual framework for the multiple interventions of the European institutions in the field of Open Science, addressing the major legal challenges of its implementation. The study investigates the notion of Open Science, proposing a definition that takes into account all its dimensions related to the human and fundamental rights framework in which Open Science is grounded. The inquiry addresses the legal challenges related to the openness of research data, in light of the European Open Data framework and the impact of the GDPR on the context of Open Science. The last part of the study is devoted to the infrastructural dimension of the Open Science paradigm, exploring the e-infrastructures. The focus is on a specific type of computational infrastructure: the High Performance Computing (HPC) facility. The adoption of HPC for research is analysed from the European perspective, investigating the EuroHPC project, and the local perspective, proposing the case study of the HPC facility of the University of Luxembourg, the ULHPC. This dissertation intends to underline the relevance of the legal coordination approach, between all actors and phases of the process, in order to develop and implement the Open Science paradigm, adhering to the underlying human and fundamental rights.

Study of materials and technology of ancient floor mosaics' substrate

Ancient pavements are composed of a variety of preparatory or foundation layers constituting the substrate, and of a layer of tesserae, pebbles or marble slabs forming the surface of the floor. In other cases, the surface consists of a mortar layer beaten and polished. The term mosaic is associated with the presence of tesserae or pebbles, while the more general term pavement is used in all the cases. As past and modern excavations of ancient pavements demonstrated, all pavements do not necessarily display the stratigraphy of the substrate described in the ancient literary sources. In fact, the number and thickness of the preparatory layers, as well as the nature and the properties of their constituent materials, are often varying in pavements which are placed either in different sites or in different buildings within a same site or even in a same building. For such a reason, an investigation that takes account of the whole structure of the pavement is important when studying the archaeological context of the site where it is placed, when designing materials to be used for its maintenance and restoration, when documenting it and when presenting it to public. Five case studies represented by archaeological sites containing floor mosaics and other kind of pavements, dated to the Hellenistic and the Roman period, have been investigated by means of in situ and laboratory analyses. The results indicated that the characteristics of the studied pavements, namely the number and the thickness of the preparatory layers, and the properties of the mortars constituting them, vary according to the ancient use of the room where the pavements are placed and to the type of surface upon which they were built. The study contributed to the understanding of the function and the technology of the pavements’ substrate and to the characterization of its constituent materials. Furthermore, the research underlined the importance of the investigation of the whole structure of the pavement, included the foundation surface, in the interpretation of the archaeological context where it is located. A series of practical applications of the results of the research, in the designing of repair mortars for pavements, in the documentation of ancient pavements in the conservation practice, and in the presentation to public in situ and in museums of ancient pavements, have been suggested.

Law and Science through the Lens of Patent Law and Software Agents

In this investigation I look at patents and software agents as a way to study broader relation between law and science (the latter term broadly understood as inclusive of science and technology). The overall premise framing the entire discussion, my basic thesis, is that this relation, between law and science, cannot be understood without taking into account a number of intervening factors identifying which makes it necessary to approach the question from the standpoint of fields and disciplines other than law and science themselves.

Algorithmic business and EU law on fair trading

This thesis studies how commercial practice is developing with artificial intelligence (AI) technologies and discusses some normative concepts in EU consumer law. The author analyses the phenomenon of 'algorithmic business', which defines the increasing use of data-driven AI in marketing organisations for the optimisation of a range of consumer-related tasks. The phenomenon is orienting business-consumer relations towards some general trends that influence power and behaviors of consumers. These developments are not taking place in a legal vacuum, but against the background of a normative system aimed at maintaining fairness and balance in market transactions. The author assesses current developments in commercial practices in the context of EU consumer law, which is specifically aimed at regulating commercial practices. The analysis is critical by design and without neglecting concrete practices tries to look at the big picture. The thesis consists of nine chapters divided in three thematic parts. The first part discusses the deployment of AI in marketing organisations, a brief history, the technical foundations, and their modes of integration in business organisations. In the second part, a selected number of socio-technical developments in commercial practice are analysed. The following are addressed: the monitoring and analysis of consumers’ behaviour based on data; the personalisation of commercial offers and customer experience; the use of information on consumers’ psychology and emotions, the mediation through marketing conversational applications. The third part assesses these developments in the context of EU consumer law and of the broader policy debate concerning consumer protection in the algorithmic society. In particular, two normative concepts underlying the EU fairness standard are analysed: manipulation, as a substantive regulatory standard that limits commercial behaviours in order to protect consumers’ informed and free choices and vulnerability, as a concept of social policy that portrays people who are more exposed to marketing practices.

AI and legal personhood: a theoretical survey

I set out the pros and cons of conferring legal personhood on artificial intelligence systems (AIs), mainly under civil law. I provide functionalist arguments to justify this policy choice and identify the content that such a legal status might have. Although personhood entails holding one or more legal positions, I will focus on the distribution of liabilities arising from unpredictably illegal and harmful conduct. Conferring personhood on AIs might efficiently allocate risks and social costs, ensuring protection for victims, incentives for production, and technological innovation. I also consider other legal positions, e.g., the capacity to act, the ability to hold property, make contracts, and sue (and be sued). However, I contend that even assuming that conferring personhood on AIs finds widespread consensus, its implementation requires solving a coordination problem, determined by three asymmetries: technological, intra-legal systems, and inter-legal systems. I address the coordination problem through conceptual analysis and metaphysical explanation. I first frame legal personhood as a node of inferential links between factual preconditions and legal effects. Yet, this inferentialist reading does not account for the ‘background reasons’, i.e., it does not explain why we group divergent situations under legal personality and how extra-legal information is integrated into it. One way to account for this background is to adopt a neo-institutional perspective and update its ontology of legal concepts with further layers: the meta-institutional and the intermediate. Under this reading, the semantic referent of legal concepts is institutional reality. So, I use notions of analytical metaphysics, such as grounding and anchoring, to explain the origins and constituent elements of legal personality as an institutional kind. Finally, I show that the integration of conceptual and metaphysical analysis can provide the toolkit for finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons.

Distributed argumentation technology: advancing risk analysis and regulatory compliance of distributed ledger technologies for transaction and management of securities

Distributed argumentation technology is a computational approach incorporating argumentation reasoning mechanisms within multi-agent systems. For the formal foundations of distributed argumentation technology, in this thesis we conduct a principle-based analysis of structured argumentation as well as abstract multi-agent and abstract bipolar argumentation. The results of the principle-based approach of these theories provide an overview and guideline for further applications of the theories. Moreover, in this thesis we explore distributed argumentation technology using distributed ledgers. We envision an Intelligent Human-input-based Blockchain Oracle (IHiBO), an artificial intelligence tool for storing argumentation reasoning. We propose a decentralized and secure architecture for conducting decision-making, addressing key concerns of trust, transparency, and immutability. We model fund management with agent argumentation in IHiBO and analyze its compliance with European fund management legal frameworks. We illustrate how bipolar argumentation balances pros and cons in legal reasoning in a legal divorce case, and how the strength of arguments in natural language can be represented in structured arguments. Finally, we discuss how distributed argumentation technology can be used to advance risk management, regulatory compliance of distributed ledgers for financial securities, and dialogue techniques.