Journal of Law and Emerging Technologies

Authenticity of Linguistic Evidence in Judicial Proof

2023-11-23T15:23:39-06:00

Human voice is one of the personal data types that enables the identification of the owner in accordance with the provisions of the Personal Data Protection Act No. 151 of 2020. However, there is a discrepancy about the legitimacy of evidence derived from voice recordings; one of the jurisprudence approves the legitimacy of the voice evidence; as long as the assets provided for in the laws have been fulfilled. Others tend not to rely on voiceprint evidence for proof due to possible manipulation, especially in the light of the evolution of modern technological tools of recording and processing voice.

This argument is one of the issues of Forensic Phonetics that is interested in revealing the identity of speaker through his voiceprint, whose features are analysed on precise techniques for extracting evidence and forensic evidence. Hence, this research examines the authenticity of voice evidence in criminal investigation, and assess the accuracy of the results of technical applications in verifying the uniqueness of voiceprint. In other words, this research answers a general question: to what extent can the results of technical analysis be invoked in the uniqueness of the voiceprint and based on it in criminal investigations and judicial proof?

To answer this question, the research provided a model for automated analysis of voiceprint uniqueness features based on Praat, one of the applications of voice recognition and conversion into spectral image, and then statistically analyze the pronunciation features of a selected voice sample according to specific criteria. One contribution of this research is to propose a digital voiceprint profiling mechanism for storage in an electronic barcode voiceprint bank, which facilitates retrieval and reconciliation with other samples in cases of suspicion, investigation and evidence. In addition to proposing a standard guide to voice experts and academic researchers in technical analysis of the voiceprint.

Digital Assets: A New Category of Public Domain

2023-11-23T15:23:26-06:00

ABSTRACT:

Digital transformation has led to enormous progress not only in the economic and social life, but also in the world of law, which can no longer but view it positively.

In the context of public law, the impact of digital transformation appears apparent, since we are witnessing the movement of digital transformation of public services, the establishment of organizations concerned with digital transformation, as well as the emergence of digital legal tools, such as digital administrative decisions and contracts.

However, what is interesting is that the digital transformation has led to the emergence of a new class of assets held by public persons, namely digital assets, such as public data and digital libraries. These assets have raised important questions related to how to manage them, operate them and maximize their economic value. Digital assets, like other public goods, must be preserved and developed .

Digital transformation under public law has notably raised the question of whether or not digital assets are in the public domain; since the legislation on the public domain only concerns real estate and tangible personal property.

The French Law has made great progress in the field of the management and exploitation of digital assets, and in the establishment of the public service of public and legal data, which has not been the subject of interest from Egyptian law so far.

A Comparative Study on the Role of Electronic Administrative Procedures in Combating the Dark Web and the Deep Web

2023-11-23T15:22:59-06:00

The international situation is characterized by technological advancement, but this has soon led to the necessity of giving it great importance due to the significant impact it has on unknown information systems and centers. Information risk is a new threat facing institutions and administrative bodies and is linked to technological development and the plethora of information.

This has led to the necessity of studying the impact of the Internet on the security of countries, especially the hidden or dark part of it, where many illegitimate or illegal operations are conducted, and this is what made the security of countries vulnerable to danger as a result of some parties adopting these operations that target countries, or individuals, Or technical infrastructure, or other electronic attacks

The dark web is considered an important part of the Internet system. It allows the issuance of websites and the dissemination of information without revealing the identity or location of the publisher. The deep internet is the sum of all websites that are not included in search engines.

To confront the above, government cybersecurity is considered the most important container for the cybersecurity of the state as a whole due to its connection to public order. Therefore, based on that, we will highlight in this research the nature of electronic administrative control in its connection with the branches that are legally created and not studied by jurisprudence through examination and study, as an example of “Cyber Law,” or “Computer Law, as well as its connection to technology and information law and the expansion of its scope required by the concept of administrative control to the point where its function is close to that of the law.

Artificial Intelligence Technologies and their Impact on Litigation Procedures before Civil Courts

2023-11-23T15:21:02-06:00

The increasing uses of artificial intelligence technologies in the field of justice have contributed to the emergence of a state of duality presented by these usages, as artificial intelligence is considered a double-edged weapon. It enhances litigation capabilities and the achievement of prompt justice before the judiciary. It also facilitates litigation procedures for adversaries. On the other hand, its risks increase the challenges facing digital transformation in courts, and these technologies also create a set of unprecedented legal issues, such as ownership, liability, and privacy. The use of artificial intelligence in litigation procedures remains unregulated in many legislations.

The first building block of technological development in the courts was laid by establishing the “electronic courts” system which includes all electronic judicial services, including filing and registering cases and considering them, issuing and implementing judgments, and other services that are provided electronically with the aim of facilitating litigants. However, this applied technology must be further developed successively, so that the transition from electronic litigation to smart litigation can be achieved by adopting the idea of introducing artificial intelligence systems into litigation procedures and the court system similar to some developed countries.

Then, we will address this topic through a research plan that is divided into an introductory section on artificial intelligence and then two sections. In the first section, we address the positive effects of artificial intelligence techniques represented in enhancing justice before the judiciary by overcoming the phenomenon of slowness in litigation. Then in the second section, we explain the negative effects represented by the risks of artificial intelligence, and the extent to which artificial intelligence can replace the human judge in studying case files and issuing rulings, as well as the extent of the possibility of using a robot as a lawyer defending his client.

Challenges of Implementing the International Law in the Metaverse World

2023-11-23T15:21:42-06:00

Abstract:

The metaverse appeared in an advertisement by the president of Meta as a technological revolution, integrating real life with a virtual and enhanced reality, as well as a fear of its negative effects on humans. The aim of this study is to shed light on metaverse technology as a result of artificial intelligence and the scientific revolution, making it necessary to investigate ways and means of legally addressing the problems posed by metaverse technology and to identify an appropriate international legal text governing developments associated with metaverse crimes and its application to conflicts arising through this technology. The most notable problem is whether the rules of public international law apply to the metaverse and whether they are sufficient or whether the international community should act with new international legislation to regulate and address the resulting technology.

Towards the Recognition of Virtual Legal Personality for AI-Powered Robots

2023-11-23T15:22:07-06:00

Artificial intelligence has become a part of our lives, and its existence is no longer limited to just the field of science fiction. With the advent of the third generation of AI-enabled robots, they have the ability to communicate with humans, and discuss or adapt to a new real-life situation. If the systems of these robots have not made them fully autonomous at the present time, there is no doubt that the tremendous development in the field of artificial intelligence technology will lead in the near future to the emergence of robots equipped with strong artificial intelligence which gives them autonomy of decision. This autonomy for these robots will undoubtedly raise many legal questions that render the regulation of the interactions between them and humans seem inevitable.

The law is applicable to cloud computing

2023-11-23T15:25:05-06:00

Cloud computing is considered one of the most innovative technological models for developing and utilizing infrastructure resources worldwide. It transforms the purchase of infrastructure and technology applications from a product that is bought to a service that is provided. Users no longer need to seek significant funding to purchase infrastructure and applications. They can now access powerful and efficient resources they couldn't afford. Large enterprises can also obtain large amounts of processing power, storage capacities, and massive connectivity whenever needed, without limitations on resources or the need to increase their equipment and facilities. The opportunities offered by cloud computing resources are strong incentives for the growth of economies and for maximizing benefits for individuals and organizations.

Estimates indicate that global spending on cloud computing reached approximately $180 billion in 2018. This market has skyrocketed to $390 billion in 2022, and it is expected to reach $947.3 billion in 2026. This growth prompted the Egyptian government to issue its national strategy in 2014, aiming to achieve the significant economic and developmental returns that other countries like India, the United States, the United Kingdom, China, and others have already achieved.

This has led to the exploration of several key legal issues raised by the use of cloud computing. How can the law address these issues? These issues include matters related to security and privacy. Cloud computing accommodates enormous data and information stored on remote servers and computing devices.

Fair Competition Rules and Consumer Protection in Digital Markets and Cross-Border Transactions

2023-11-23T15:21:28-06:00

Digital transformation is an economic necessity to enhance productive and competitive capacity by focusing on economic sectors that can benefit from technical development in all countries, which generally increases the levels of flexibility of these economies and their ability to achieve a qualitative shift.

In the midst of the digital developments in the world economy and the shocks it affects, States have therefore been interested in preparing their economies and institutions for the transition from the traditional to the digital economy.

International competitive development is a new economic phase managed by economic factors as well as the means of innovation, knowledge and creativity, the most important of which is the tools of digital transformation.

At the national level, interest has increased in achieving sustainable development of the Egyptian exports through export-based legislation and institutions and strategies to improve the competitiveness of Egyptian exports in international markets.

E-commerce through e-contract applications and e-signature has become an influential factor in the growth of countries' economies and the promotion of their foreign trade and increasing competitiveness from the provision of information and immediate services and the marketing of products through the application of e-commerce via the Internet. The gatekeepers of the digital commercial gates are especially special after the global pandemic (coronavirus) or COVID-19 has been hit.

The world's countries face a real challenge in developing legislation and legal controls that are compatible with modern e-commerce process patterns, including the legalization of e-commerce and the enhancement of competitiveness. In addition to the support of start-ups from the risks resulting from competition with major business entities in the digital markets.

The International Protection of Human Rights in the Digital Age and its Impact on International Responsibility

2023-11-23T15:21:54-06:00

It is undeniable that AI technologies have generated great benefits, particularly by enhancing the efficiency, accuracy, timeliness, and convenience with which many services are provided, and in so doing, can be understood as enhancing the practical reach and extending enjoyment of human rights and freedoms. For example, without the use of AI-driven search engines, the massive volume of information now available via the internet would not be practically useful and accessible, thus enhancing the right to freedom of information (protected under Article 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms).

However, the ‘AI boom’ has been accompanied by rising public anxiety concerning the potential damaging effects of these technologies for individuals and for society in general. Accordingly, the focus of this research is on the potential adverse consequences of these technologies, particularly in so far as they might impede the enjoyment of human rights and fundamental freedoms, by focusing on the implications for the concept of responsibility and its application. For this purpose, it considers adverse effects, both intended and unintended, arising from the development and use of AI that can be understood as bearing directly upon the enjoyment of human rights and freedoms.

The special nature for some entities as personal data controllers

2023-11-23T15:24:33-06:00

Most personal data protection laws partially excluded governments from their provisions, and few of them grant them full exception, like the Egyptian law, which also excluded The Central Bank and affiliates in contravention of most other laws' Unanimity.

International organizations such as the United Nations, OECD, OAS, and the World Bank, encouraged governments and banks to comply with personal data protection obligations.

Governments and banks are bounded by general obligations regarding their processing of personal data, as the legitimacy of processing, the limitations of processing and to suit their proportionality with the reason for the legality of processing and the validity and security of personal data. While its exclusion from the provisions of the Law on the Protection of Personal Data affects the proactive evidence process and the supervision system for the protection of personal data, and the enabling of the data subject to fulfill his or its right.

Civil and administrative liability rules apply to general obligations to process personal data. For example, an administrative error in case of not establishing adequate professional structures and personnel training. Also, the risk-based liability applies in non-fault harm situations.

Tax Transaction Bases for Virtual Asset Company Profits A Comparative Study according to the Egyptian and UAE Comparative Legislation

2023-11-23T15:24:46-06:00

Technology played a key role in growing the size of the digital economy, thanks to modern technologies, such as block chain which serves as the infrastructure for digital financial transaction, which in turn has led to the unprecedented development of business models. This development has resulted in the birth of virtual assets which constitute an important and major sector in many countries.

The relationship between technological development and business practice is regarded as an expulsive one; as technological developments evolve in economic and financial models and forms of activity. These developments reflect the problems that accompany their emergence, such as the emergence of virtual currencies, which poses a problem of legitimacy under the central banks' authority under national laws to issue money.

Dealing with this sector is inevitable, talking about setting up legal frameworks to regulate the virtual asset sector has been overthought economic gains resulting from the regulation of this sector, including tax treatment of the sector’s profits, virtual asset markets estimated to billions of dollars, consequently taxation would bring economic benefits to developed and developing countries, especially in the context of the world’s crises.

Deployment of Artificial Intelligence Algorithms in the Criminal Justice System: Opportunities and Challenges

2023-11-23T15:22:20-06:00

With the onset of the Fourth Industrial Revolution and the accompanying technological transformations, numerous countries have consistently integrated modern technologies into various facets of daily life. Foremost among these technologies is Artificial Intelligence (AI), owing to its remarkable ability to meticulously analyze extensive datasets and produce results of considerable precision.

Globally, many nations have embarked on the utilization of AI technology within their criminal justice systems for the purpose of achieving cost efficiencies in law enforcement and court services, as well as streamlining the efforts of personnel involved at various junctures of the criminal justice process.

At present, the application of AI technologies is experiencing a notable upswing in the detection of criminal offenders. Through predictive policing tools, law enforcement agencies can pinpoint potential crime-prone areas. Furthermore, AI algorithms are becoming pivotal in the essential task of risk assessment, by determining the necessity of pretrial detention on a case-specific basis.

Despite the manifold advantages that the integration of AI may bring to criminal justice systems, it is not without its array of challenges. Much like any technology, AI embodies a dual-edged characteristic. The inherent risks encompass concerns related to safeguarding personal data; data bias that may engender disparities in sentencing and judicial decisions.

Hence, given the aforementioned considerations, we find it imperative to undertake a comprehensive analysis and discourse on this subject matter. Our inquiry will delve into elucidating the essence of AI algorithms, and their modus operandi. Moreover, we shall explore the diverse manifestations of AI utilization across different junctures of criminal procedures and, in conclusion, address the most salient perils accompanying such deployment.

Medical Technology and its Impact on Human body between Legitimacy and Prohibition: An Applicable study on Advanced prosthetics and Human Enhancement Devices (Brain chip)

2023-11-23T15:23:52-06:00

One of the most fundamental rights inherent in the human individual is the right to physical integrity. Since the dawn of time, the violation of this right has been at the core of man's cause. As a result, subsequent celestial laws and constitutions have upheld the right to physical integrity, as have international conventions and declarations of human rights.

At first glance, this right appears to represent the human body with organs and organs of the body that perform organic functions, such as the digestive and respiratory tract, as well as limbs that perform mental tasks as the brain, or organs that perform psychological functions, such as body sensation centers.

However, this does not appear to be so simple, especially given the technological advancement in the field of medicine, which has reached the most advanced stage of inventing substitute prosthetic limbs for those with special needs and linking these limbs to brain neurons so that a person can move his prosthetic limbs through signals sent by the brain through the smart segments in these limbs, where there is a state of complementarity and interconnectedness with the human body that results in the person's loss of movement gained through these limbs.

The problematic of this study is the legislator's legal protection of the human body and the extent to which it is influenced by the interaction of medical technology applications with it. The study questions the extension of the body's protection to these machines: are they deemed to be in the nature of things? Or does it have special characteristics, and the legitimacy of their usage, as well as their inconsistency with the principle of preventing the enhancement of humans. Answering these questions are significant scientific and practical concerns.

Criminal Responsibility for Violating Information Privacy through Social Networking Sites

2023-11-23T15:24:20-06:00

Artificial intelligence has become more sophisticated recently, producing many physical applications that work through its operating systems, and have the ability to think, perceive and solve problems through self-learning from mistakes, experiences, and situations.

These systems made it easy for them to make decisions by collecting and analyzing data, and recognizing and translating texts. They were also able to act freely and independently, depending on the circumstances surrounding them, until they were able to emulate the human mind.

In fact, these applications have had many advantages, as they have been introduced in many areas of life, such as the economic, media, medical, judicial, military, etc.

However, the conduct of these systems may cause some damage to others, which they cause if they depart from the automated system or lose control over them for any reason, and it is difficult to confront them legally under traditional liability rules, whether civil or criminal, which may lead the law to make it un applicable in the near future because it is not suitable for the regulation of non-human or merged events between humans and artificial intelligence systems, and the law may lose its viability because it is not suitable for application at that time.

In this sense, legislation had to be kept abreast of the digital age, where technology took precedence over laws, and intervention to establish a legal regime that precisely defines how such systems and smart applications should be handled to counter the damage that might result from them had become inevitable, on the one hand, and recognition of a digital legal personality for those regimes that could differ on their own from the legal personality granted to a natural or legal person on the other.

Cryptocurrencies and Crime

2023-11-23T15:21:16-06:00

The emergence of digital currencies and their widespread use is not a new phenomenon, but the “Coronavirus” pandemic, or what is known as “COVID-19” is the main reason that has led to their greater use in order to avoid the direct touch contact arising from the use of paper money. As a result, the interest in electronic currencies led to the emergence of a new type of currency: cryptocurrency which has several advantages, such as its ease of use, confidentiality, low cost, and non-taxation. However, there are many obstacles that prevent having a legal framework for the exchange of these currencies by many countries, due to the contradiction of their issuance with the policies of the official authorities besides the difficulty of tracking their tax revenues. It also threatens national economic security and breaches the right of the Central Bank and the banking system to issue currency. In addition, the repercussions of the widespread use of cryptocurrencies were not limited to economic aspects only but has also led to the emergence of a new concept of traditional crimes such as money laundering and terrorist financing.

The Interaction of Collaborative Economy with Global Economic Systems (New Economy, New World, New Problems)

2023-11-23T15:23:13-06:00

This research paper explores the interactions between the collaborative economy and developing countries, focusing on the impact of digital transformation. Using a mixed-methods approach, the study examines the current state of the collaborative economy in developing countries, the factors that have contributed to its growth and the challenges it faces.

It highlights the digital transformation's significant role in developing the collaborative economy in developing countries. Digital platforms have enabled more efficient matching of supply and demand, reduced transaction costs, and improved access to capital and information. The paper also examines the impact of digital transformation on traditional industries and the regulatory landscape in developing countries.

The research finds that the collaborative economy has the potential to make a significant positive impact on the economies of developing countries by creating new opportunities for entrepreneurship and employment, promoting innovation, and reducing inequality. However, the study also highlights the challenges the collaborative economy faces in developing countries, including limited access to digital infrastructure, lack of trust and regulatory uncertainty, and the risk of exacerbating existing social and economic disparities.

The paper concludes by recommending strategies for policymakers, entrepreneurs, and other stakeholders to leverage the collaborative economy's potential for sustainable development. These include investments in digital infrastructure, fostering trust and collaboration between different actors in the collaborative economy ecosystem, and developing inclusive regulatory frameworks that balance innovation with consumer protection and social equity.

Overall, the research contributes to understanding the interactions between the collaborative economy and developing countries and highlights the critical role of digital transformation in shaping the future of this sector.

The Adoption of Open Banking Concept to Regulate Arab Countries Digital Payment

2023-11-23T15:24:07-06:00

The emergence of fintech has disrupted the traditional banking landscape, challenging the notion that banks are the sole providers of financial services. In the past, entrepreneurs were often seen as disruptors to traditional banking models. However, banks have now recognized the value of collaborating with fintech companies to expand the range and accessibility of financial products and services for customers. The payment industry has become a focal point for banks and fintech startups, with the proliferation of new payment options, such as mobile payments.

By leveraging fintech advancements, banks can offer diverse payment solutions to customers without having to develop them in-house. This study examines the current regulatory landscape of payment systems, identifies existing payment governance practices, and proposes recommendations to enhance the digital payment environment in Arab countries while addressing significant regulatory concerns.

Understanding the evolving relationship between banks and fintech firms, as well as the regulatory considerations surrounding digital payments, is crucial for industry participants, policymakers, and regulators. By exploring these topics, this study aims to provide valuable insights and guidance for navigating the changing payment landscape effectively and fostering a robust digital payment ecosystem in Arab countries.

Through this examination, the study intends to contribute valuable guidance for Arab countries in developing a robust and regulated digital payment ecosystem, fostering financial inclusion, and promoting innovation in the region.

Digital Transformation and Due Process in the Alternative Dispute Resolution: a balance to bear or an illusion to fear

2023-11-23T15:22:34-06:00

COVID-19 pandemic increased the fear from the inefficiency of the national courts’ proceedings which was alienated during the pandemic. This is not caused only by the usual prolonged procedures, but also by the suspension of hearings during this crisis. Thus, it is predicted that contracting parties would tend to opt to the Alternative Dispute Resolution mechanisms (“ADR”) to resolve their disputes. ADR possess some qualities and competitive advantages would make them more efficient than normal litigation’s course of action. Thus supports such prediction. Amongst such qualities are their pace and benefits, namely for their flexibility to be virtually conducted.

Despite that multiple arbitration centres were encouraged to amend their rules during the pandemic to englobe the digital transformation of arbitration, the efficiency of such digital transformation is questionable. In fact, being an expedited mechanism by its virtuality would have no value if the product issued by the mechanism is invalid or non-enforceable for lack of due process requirements.

Many constitutions and conventions provided that due process is a condition for any award/court’s decision to be valid / enforceable. De facto, ADR’s virtuality would be an efficient way to conduct ADR, but de jure, it may hinder the due process requirement needed for the validity of the outcome of ADR. Besides, some ADR mechanisms would require a physical interaction, not for its validity but even preliminarily, for its proceedings to ensue, e.g., Dispute Boards.

Motivated by such premises, this paper would examine, by utilizing doctrinal legal analytical methodology, the possibility of embedding the digital transformation in the ADR proceedings, but most importantly its efficiency, and how due process can hinder such transformation.

Procedural Due Process and the Use of Technology and Artificial Intelligence in Online and Remote Proceedings

2023-11-23T15:22:46-06:00

In a very dynamic and developing world of technologies, we have, now, a very great opportunity to enhance the rule of law, to ease the access to justice, to be more practical and efficient, to reduce cost, and to integrate new types of claims. To issue an enforced award or decision, domestic courts as well as arbitral tribunals and any other court of law shall maintain minimum level of due process requirements either in the procedures, on substance and even, with respect to post-award proceedings. In the last few decades, any proceedings were subject to facing an abuse of due process and we have witnessed the due process paranoia. Recently, this challenge has appeared again, and any use of new technology shall not harm any individual procedural safeguard. Today, we are challenging the alignment between the past and the future, where law professionals shall be very keen about the good management of the entire process of justice. This article will focus on current challenges of procedural due process in remote, online, and new electronic procedures.

The challenges of Digital Evidence usage in Deepfake Crimes Era

2023-11-23T15:25:32-06:00

This research paper discusses the challenges of digital evidence usage in Deepfake crimes era in both the Egyptian and US Legislations. There is no doubt about the importance of keeping pace with the Law with behaviors that pose a threat to fundamental interests that deserve protection, especially in an era when information technology is instantaneously accelerating towards the creation of many modern technologies that raise many concerns, since artificial intelligence algorithms have helped to think about a large number of issues that did not exist a few years ago, such as the ease of processing big data and simultaneous machine translation, and one of those algorithms is Deepfake, which was classified as the most dangerous among artificial intelligence algorithms on Cybersecurity threats. With the complexity of Investigations of computer related crimes, due to the obstacles in gathering the evidence. The researcher seeks, after discussing the essence of digital evidence, stating its types, forms, characteristics, sources, principles, and challenges facing its application, as well as comparing between the laws regulating the digital evidence nationally, internationally concerning (Budapest convention) and The US federal rules of digital evidence, to present and set recommendations to reduce the risks and challenges of these crimes, and to assist the legislator in addressing the shortcomings in Egyptian laws.

Keywords: Digital evidence, Deepfake, Cybercrime, Digital privacy & Cybersecurity.

AI Applications in the Criminal Justice System: The Next Logical Step or Violation of Human Rights

2023-11-23T15:25:19-06:00

Artificial intelligence (AI) is impacting almost every aspect of our lives, and automated decisions have begun to replace human decisions. Recently, criminal justice has also turned to AI to reduce crime rates and achieve effective action on the ground. Artificial intelligence and machine learning algorithms (ML) could predict and track crimes and criminals. In addition, they could be used in criminal courts. However, there is ample evidence that the application of this technology has affected basic human rights. In several countries, law enforcement agencies (LEAs), i.e., government agencies responsible for law enforcement, have begun using these technologies despite concerns about the presence of bias in the results and invasion of citizens' privacy. This research paper provides an overview of some AI applications used in criminal justice to predict crimes and offenders, detect and investigate crimes, and assist judges in criminal courts. It also examines the human rights implications of using these applications in this system.