Legal limitations of algorithmic analytical tools against disinformation

Transcription

1 Legal limitations of algorithmic analytical tools against disinformation Frantisek Kasl Institute of Law and Technology Faculty of Law, Masaryk University, Czech Republic

2 Contents Introduction to Project MUNI/G/0872/2016 Compatibility of law and algorithmic expression of abstract terms Objectivity and impartiality of the algorithmic analytical tool Limits to virtualisation of law Challenges for tools creating electronic evidence Analytical software as forensic tool European cooperation in criminal investigation Challenges for tools for moderation of online conduct ISP Liability finding the private-public law enforcement balance Practical need for automation of assessment tools

3 Project MUNI/G/0872/2016 Manipulative techniques of propaganda in the age of internet Project aimed at analysis and detection of manipulative techniques of propaganda on pro-russian news portals Proof of concept development of analytical software analysis based on manual categorization and assessment of selected articles Machine learning + stylometric analysis of the text => automated identification tool Current status: alpha testing, % precision, setback by small dataset of certain groups of manually assessed content + Analysis of the motivations of the users sharing the content + Assessment of the security risks connected to the dissemination of this content + Assessment of possible legal and legislative consequences

4 Compatibility of law and algorithmic expression of abstract terms

5 Objectivity and impartiality of the algorithmic analytical tool Challenged by assessment bias identifies trend rather than status => evidence value (precision)? scope x dataset x analogy x subjective interpretation x context based assessment Indicators text structure, context, references, terms, combinations Broad and indefinite concepts often difficult to grasp even for educated individuals (fluctuations in assessment) e.g. propaganda, disinformation, hate speech or specific manipulative technique Threshold: avoid inadmissible bias + convincingly evaluate the content

6 Limits to virtualisation of law Law as multidimensional phenomenon social system of rules combining classical logic and semantic adaptability logic: normative valuation system permitted x not permitted behaviour semantic: abstract terms and rules => legal interpretation specific situation social system: non-separable from other normative systems = morals, religion.. Logical limitation to expression of law in code computer lacks prior knowledge = contextual understanding need for precise definition of terms/rules applicable to possible specific situations X limitations to logic systems Frege, Russell, Whitehead, Wittgenstein x Gödel Turing machine/test, Lambda calculus (Church, Kleene) Wiener Cybernetics - desirable characteristics of data processing machines least imperfect system => inspiration by human thought => neural networks => scruffy (frames, semantic maps) v. neats (formal logic)

7 Challenges for tools creating electronic evidence

8 Analytical software as forensic tool Lack of standards, methodics or authoritative processes free selection of tools by expert witness free evaluation of evidence by the court Procedural requirements on electronic evidence + permissibility criminal x administrative x civil procedure member state specific x trends Limitation by jurisdiction high volatility of the content problematic international cooperation (aspect of time) new legal tools in european criminal cooperation (direct = faster)

9 European cooperation in criminal investigation Direct legal tools for transfer of electronic evidence European Investigation Order in criminal matters Directive 2014/41/EU effectively transposed since May 2017 EU x Ireland/Denmark 1.MS court => 2. MS law enforcement obliged to act (30+90 days) same priority as domestic, interim measure in 24 hours, urgency X costs distribution, safe data transfer, too long for el.evidence European Production and Preservation Orders for electronic evidence in criminal matters Regulation proposal COM/2018/225 final /0108 (COD) cooperation by ISP providers EU representatives production of transmission and content data / freeze of data in servers goal 10 days / urgent 6 hours unsolved issues cost distribution, local enforcement of cooperation, 2019?

10 Challenges for tools for moderation of online conduct

11 ISP Liability finding the private-public law enforcement balance Originator of the content Content produced by/for the news portal direct liability Content by users/third parties - portal as platform ISP Liability - Directive on electronic commerce 2000/31/EC Forum notice-and-action mechanisms ECHR Grand Chamber - Delfi AS v Estonia no / ECHR Pihl v Sweden no / Germany: OLG Düsseldorf , no. I-15 U 21/06 and follow-up decisions

12 Practical need for automation of assessment tools Increasing pressure on ISP providers to effectively identify and suppress illicit content terorrist propaganda, incitement of hatred, hate-speech, cyber-bulling, fake news, propaganda disinformation or interference with personality rights Netzwerkdurchsetzungsgesetz in Germany EC operational measures on tackling illegal content online 2018 High-Level Expert Group on Fake News and Disinformation Spread Online by the European Commission 3/2018 Report on a multi-dimensional approach to disinformation

13 Thank you for your attention!