情報法制研究
Online ISSN : 2432-9649
Print ISSN : 2433-0264
ISSN-L : 2433-0264
15 巻
選択された号の論文の14件中1~14を表示しています
巻 頭 言
特 集 1 司法手続とAI
  • AI 契約審査ガイドライン(法務省)の意義と課題
    角田  望
    2024 年 15 巻 p. 3-14
    発行日: 2024年
    公開日: 2024/07/13
    ジャーナル オープンアクセス
     The AI Contract Review Guidelines was issued by Japan’s Ministry of Justice in August 2023. This guideline is important as it is the first official stance on the relationship between AI contract review services and the Attorneys Act regulation (unauthorized practice of law), marking a significant step in addressing the evolving intersection of technology and legal regulations. In this paper, I address explores the implications of AI in legal practices, emphasizing the need for a balanced approach that recognizes the capabilities and limitations of AI technologies in legal contexts, while also considering the regulatory framework to ensure these technologies are used ethically and effectively within the legal profession.
  • 星  周一郎
    2024 年 15 巻 p. 15-25
    発行日: 2024年
    公開日: 2024/07/13
    ジャーナル オープンアクセス
     The use of AI and information technology in policing and criminal procedures is considered permissible as a decision in specific situations and contexts, given that the current AI is a weak AI, as long as to non-compulsory measures and it is efficient and effective. In practice, what is considered acceptable is a framework that mainly uses identification AI to replace human work and assumes that the final decision will be made by a human being. It is also important that appropriate data for AI training be obtained. And in judging its admissibility, it is necessary to correlatively consider information law, including the Personal Information Protection Law, and criminal procedural law. Finally, it is necessary to make a judgment based on what society at that time demands of police activities and criminal justice from the three perspectives of (1) whether it is possible as a technology, (2) whether it is possible to construct it as an institution, and (3) whether it is usable after putting it into practice, taking into consideration the circumstances of the times.
  • ――ODR の社会実装のあり方に関する考察「フリーランス・トラブル110 番」を事例として――
    渡邊 真由
    2024 年 15 巻 p. 26-36
    発行日: 2024年
    公開日: 2024/07/13
    ジャーナル オープンアクセス
     ODR (Online Dispute Resolution) is the future of Dispute Resolution using IT and AI technologies. The concept has emerged from the private sector; however, ODR has been expanding in the public sector recentry, and government or judiciary initiated ODR projects have evolved worldwide in the last decade. The vision of ODR is to expand access to justice with user-centered, sophisticated, platform-based dispute resolution services, which should be developed as the infrastructure of the digitalized society.
     In March 2022, the Ministry of Justice in Japan released the “Fundamental Policy on ODR,” aiming to implement the “World’s latest ODR in the Japanese Society.” Along with Court Digitalization initiatives, our society has reached the stage of resolving disputes online. Using the example of “Freelance Trouble #110,” this paper analyzes how we can transform administrative ADR into ODR, refering to the concept of Dispute System Design.
特 集 2 Vehicle & AI
  • 小塚 荘一郎
    2024 年 15 巻 p. 37-49
    発行日: 2024年
    公開日: 2024/07/13
    ジャーナル オープンアクセス
     The European Union (EU) has advanced the draft of the revised Products Liability Directive, coupled with the draft of a new Artificial Intelligence Liability Directive. Both aim at modernising the European liability law to adapt to the emergence of products and services using the artificial intelligence (AI) system. This article analyses principal items of the proposed modernisation, as well as the political background for the current proposal, including two-layer system of the harmonised products liability law and the fragmented national law on general liability to be supplemented by the European procedural rules. Given that the issues that other jurisdictions face due to the emergence of AI systems are common with those identified in Europe, the proposed directives may influence the law-making in jurisdictions outside Europe, presenting so-called Brussels effect. When making reference to the European proposals, however, law-makers in other jurisdictions need to be aware of the political context in the EU and not to assume that the adopted rules are the best in theory in terms of balance of the redress for the victim of malfunction of the AI and the development of the nascent technology of AI.
  • ――国連WP.1 における議論の現状と課題――
    中川 由賀
    2024 年 15 巻 p. 50-59
    発行日: 2024年
    公開日: 2024/07/13
    ジャーナル オープンアクセス
     In recent years, discussions have been underway regarding the technological development and social implementation of automated vehicles, along with the accompanying institutional arrangements.
     In Japan, the Road Traffic Act and the Road Vehicle Act were revised in 2019, leading to the sale of Level 3 automated vehicles and the launch of Level 3 mobility services in 2021. Furthermore, the Road Traffic Act was revised in 2022, and Level 4 mobility services were launched in 2023.
     Internationally, the UN Global Forum for Road Traffic Safety (WP.1) has been discussing road traffic conventions, while the UN World Forum for Harmonization of Vehicle Regulations (WP.29) has been addressing vehicle regulations for automated vehicles.
     In this paper, I will review the discussions at WP.1 on the Road Traffic Convention over the 10-year period from 2014 to 2023 and summarize the current status and future challenges.
     First, (1) I will review the conventions and regulations related to automated vehicles, as well as the conference bodies. Next, (2) I will organize the discussions from 2014 to 2023 in chronological order. Furthermore, (3) I will analyze the contents of important resolutions. Then, (4) based on the agenda currently under discussion, I will address future issues
特 集 3 デジタル庁とマイナンバー
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