LEGAL INFORMATION AND TECHNOLOGY INNOVATION LAW
LEGAL INFORMATION AND TECHNOLOGY INNOVATION LAW
Patrizia Beraldi, Giuseppe D'Acquisto
Instructional goals
Legal Informatics and Innovation Law are two fields that deal with the interaction between law and technology. Legal informatics studies the use of IT tools in the field of law and the application of information technology to law, the use of information technology to manage legal processes, legal information retrieval, the creation of legal databases, legal issues related to digitisation, the protection of citizens' rights in a digital environment, data security, privacy, new tools and technologies, the use of artificial intelligence, blockchain, and other emerging technologies in the legal sector, information technology and public administration, the use of information technology in public administration, with a focus on digital signatures and documents. Innovation law focuses on new laws and regulations governing technological innovations. Both of these fields are key to addressing the new legal challenges that arise in an increasingly digitised world Translated with DeepL.com (free version) and constitute a unitary and progressive path according to a logical itinerary studied in order to implement the student's sensitivity for the mutual interaction between information technology and law. The intent is to train a jurist who can be ready to face the legal challenges of the digital dimension, increasingly pervasive and transversal in every professional sector, and of IT applications in the legal sector. To this end, the student will also have to acquire purely technical and IT knowledge to fully understand the technological phenomena of which he or she may be required to evaluate the legal implications and effects. This is a strategic goal that the Department of Law has set itself, as it is impossible to imagine the figure of a jurist today who is not fully familiar with digital tools and is unable to analyze the impact of the most disruptive technological applications on society, law, markets and institutions at a global level. The overwhelming innovation encouraged by national and European public policies requires versatile professional figures, capable of applying the traditional categories of law to unprecedented technological phenomena, or even of building new ones better able to regulate the present. To do this, it is required an understanding of the basic architecture of networks, as well as the languages of mathematics and the logic of algorithms, in order to be able to read them in the forms of law. Specifically, the Class of Language and Logic of Machines aims to form the foundation of such complex knowledge, providing the vocabulary, grammar and syntax of computational thinking and cryptography.
Intended learning outcomes
The Legal Information and Technology Innovation Law course is the first step in a broader educational path designed to prepare law students for the digital challenges in law. The goal is to equip students with a deep understanding of the intersection between law and digital technologies, with a focus on technical aspects such personal data pseudonymization and anonymization, cryptography, and network architecture. Through this course, students will gain basic understanding of mathematical and algorithmic logic, enabling them to assess the legal implications of technological innovations. The expected learning outcomes include the ability to understand advanced topics, gather and interpret relevant data, and communicate effectively in digital legal contexts.
Course Contents
I. Logic and computational thinking
II. Safeguards integrated into the data processing
III. Hardware and software architecture
IV. Data protection and information security
Reference Books
The teaching material consists of the content of the lessons given by the lecturer related handouts and other materials shared on Luiss Learn.
G.D’Acquisto, M. Naldi, Big Data e privacy by Design, Giappichelli
G.D’Acquisto, D.Benedetti, L.Nobile, Innovazione tecnologica per umanisti, Giappichelli
R. Susskind L' avvocato di domani. Il futuro della professione legale tra rivoluzione tecnologica e intelligenza artificiale Milano Feltrinelli 2019
Teaching Methods
Acquisition: lectures, podcasts and online quizzes
Practice: guest speakers
Investigation: analyzing ideas and information in a range of materials and resources, using conventional methods to collect and analyze data and comparing texts
Collaboration: small group project, discussing others’ output and building joint output
Discussion: seminars, group based class discussion, online forums and synchronous and asynchronous discussion
Production: essays, reports, presentations and blogs
Assessment Method
The final grade, expressed out of 30, will derive from the evaluation of the following items for the respective percentage share
20% attendance
10% active participation during classes
50% intermediate tests
20% final exam (written and oral)
Thesis assignment criteria
The competences are assessed via an oral and a written test. 50% of the final grade will be given by the theoretical part and 50% of the final grade will be given by the practical part.
Week 1
I. Logic and computational thinking
Presentation of the overall structure of the Legal IT course
I. Logic and computational thinking
Boolean algebra
Truth tables
Lecture, practice, discussion
Week 2
I. Logic and computational thinking
De Morgan's laws
Examples
II. Processing of personal data
Pseudonymization of personal data
Lecture, practice, discussion
Week 3
II. Processing of personal data
Pseudonymization of personal data
Anonymization of personal data
Lecture, practice, discussion
Week 4
III. Hardware and software architecture
1. Computer architecture
2. Communication protocols
3. The internet and the web
4. 2.0, 3.0 and beyond
Lecture, practice, discussion
Week 5
IV. Data protection and information security
1. Basic theory: security goals
2. Symmetric encryption
Examples
Lecture, practice, discussion
Week 6
IV. Data protection and information security
3. Asymmetric encryption
Examples
4. [The issue of quantum cryptography]
Lecture, practice, discussion
Week 7
Information technology in the constitutional system.
• Legal information technology: definition, scope and objectives
• Digital innovation and impact on law
• Regulatory evolution in the technological field (EU and national scenario)
Sources of digital law and reference legislation
• Regulation (EU) 2016/679 (GDPR)
• Digital Services Act (DSA) and Digital Markets Act (DMA)
• Artificial Intelligence Act (updates 2025)
• National legislation: CAD (Digital Administration Code)
Week 8
Databases and automated research of sources of law
1. Normattiva and Gazzetta Ufficiale
2. Hypertext codes
3. Parliamentary databases
4. ItalgiureWeb and Sentenze web Cassazione
5. Databases of administrative justice cases
6. European databases (ECLI system, E Justice N LEx Portal)
7. DoGi Dottrina Giuridica
Search on Luiss databases
Week 9
Creation and transmission of an electronic document: operational and technical aspects
Electronic signatures
Validity of the electronic document
• Encryption
• Eidas Regulation
Online contracts
Validity and legal value of digital contracts
• Smart contracts: operation, advantages and legal limits
Software Intellectual Property
Liability of content and hosting providers
Week 10
Applications of blockchain technology, outline of: cryptocurrencies, tokens, NFT
Legal Tech and the digitization of the legal professions
The role of the digital lawyer
Future prospects: RegTech, LegalTech, Generative AI and predictive justice
Week 11
Artificial Intelligence and Law
Definition of AI and machine learning
AI Act: risk categories, obligations, prohibitions (updated 2025)
Legal liability of AI: civil, criminal, administrative
Examples of use of AI in law (predictive justice, legal chatbots, drafting contracts)
The Metaverse as a problem
How the Metaverse Works
Legal Implications
Crimes in the Metaverse
Week 12
Liability and Cybersecurity in the Digital Context
Cybersecurity and Reference Regulation (NIS2 Directive)
Liability for Cyber Incidents
Cybercrime and Protection Tools
Digital Operational Resilience Act (DORA) for Financial Services
Civil and Criminal Liability in the Event of Digital Incidents