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