LEGAL INFORMATION AND TECHNOLOGY INNOVATION LAW

Marco Iecher, Patrizia Beraldi

Instructional goals

The laboratory aims to provide students with essential and applied knowledge of legal informatics and the law of technological innovation, as the first segment of a progressive educational pathway devoted to the relationship between intelligent machines and law. The course seeks to develop students’ ability to understand the interaction between digitalisation, artificial intelligence, and legal phenomena, while fostering the acquisition of the legal, technical, and operational skills needed to assess the impact of emerging technologies on law, society, markets, and institutions. Through a laboratory-based approach grounded in the analysis of practical cases, the guided use of digital tools, and the concrete application of legal categories to technological phenomena, the course addresses the foundations of legal informatics, the evolution of the field, the essential elements of formal and algorithmic logic, as well as the proper and functional use of artificial intelligence in legal study and research. The laboratory also introduces the main areas of digital innovation relevant to law, following a method that moves from specific cases to the identification of applicable legal issues, principles, and rules. The objective is to train jurists capable of critically interpreting and operationally applying legal categories to the phenomena of digital and technological innovation, while understanding the role of digital tools, algorithmic logic, and artificial intelligence in the transformation of contemporary legal experience.

Prerequisites

None.

Intended learning outcomes

Knowledge and understanding: students will acquire a basic knowledge of the main topics of legal informatics and the law of technological innovation, understanding the legal implications of digital technologies, artificial intelligence, and their applications in the legal field. Applied knowledge and understanding: students will apply the knowledge acquired to the analysis of practical cases, identifying the relevant legal issues and developing coherent arguments in support of possible solutions. Making judgements: students will collect, select, and interpret information, data, and legal sources through databases and digital tools, critically assessing the implications of the technologies examined. Communication skills: students will communicate clearly and appropriately information, problems, and solutions relating to legal informatics and technological innovation, using adequate technical-legal language. Learning skills: students will develop the skills necessary to continue independently the educational pathway in intelligent machines and law and to update their knowledge in light of technological and regulatory developments.

Course Contents

1. What is legal informatics The classics and evolution of the discipline (e.g. Norbert Wiener, Lee Loevinger, Vittorio Frosini, Mario Losano, Renato Borruso, Giuseppe Corasaniti). Elements of formal logic (e.g. propositions, connectives, elementary inferences, essential theorems, decidability, and algorithms). 2. AI Literacy Use and applications of generative AI in legal study and research, through the models made available by Google to all LUISS students. 3. Legal applications and implications of digital innovation: intellectual property protection of software cryptography and digital signatures platforms and social networks liability of content and hosting providers regulation of content creators and influencer marketing blockchain, cryptocurrencies, tokens, and NFTs smart contracts Legal tech and the digitalization of the legal professions, digital transformation, and legal design

Reference Books

Teaching materials consist of lectures given by the instructor with related supporting handouts and other in-depth materials shared on MyLuiss. Recommended readings (mandatory for non-attending students!): materials uploaded on the MyLuiss platform. Suggested reading: R. Susskind, L' avvocato di domani. Il futuro della professione legale tra rivoluzione tecnologica e intelligenza artificiale, Milano Feltrinelli 2019.

Teaching Methods

Learning: lectures and online quizzes Practice: case studies and simulations

Assessment Method

The final grade, expressed on a 30-point scale and included in the overall grade point average, will be determined on the basis of the following components and corresponding percentages: 75% assessment of coursework completed during the course, consisting of online quizzes administered on Moodle at the end of the main teaching units 10% active participation in class 15% final examination (oral)

Thesis assignment criteria

Thesis is not foreseen

Week 1

Lecture 1 — What is Legal Informatics? Classics and Evolution of the Field Historical and critical introduction to the discipline: from Norbert Wiener's cybernetics (1948) to the foundational contributions of Loevinger, Frosini, Losano, Borruso and Corasaniti, up to the current state of the field.

Week 2

Lecture 2 — Elements of Formal Logic and Algorithms Foundations of formal logic: propositions, truth values, logical connectives (conjunction, disjunction, negation, implication) and syllogism as the structure of legal reasoning. The concept of algorithm as a finite, definite and general sequence of instructions: from mathematical calculation to models of behaviour, through to the logical algorithm applied to legal reasoning. An intuitive note on the limits of formalisation, namely the fact that not all legal reasoning can be reduced to an algorithm, without going into the technical treatment of the decidability problem. The parallel between legal norms and algorithms: general and abstract rules, formulated ex ante, designed to be applied literally.

Week 3

Lecture 3 — Introduction to Digital Legal Research Evolution of legal research from printed repertories to digital databases. The birth of Italgiure Find at the CED of the Corte di Cassazione (1974): the first European legal database, featuring morphological and semantic thesauri. Searching with Italgiure Web: word-based searches (lemma, identity, concepts, root), Boolean logical operators (AND, OR, NOT, XOR), searches by judgment number and digest number, and searches by normative reference. Key commercial databases (DeJure, One Legale) and free public resources (Normattiva, SentenzeWeb, the Ministry of Justice Merits Database). Laboratory-based lecture.

Week 4

Lecture 4 — AI Literacy 1: How Artificial Intelligence Works First AI module lecture: history of AI, from historical precursors to the launch of ChatGPT (2022). How Large Language Models work. Machine learning, deep learning and generative AI. Practical activity with the AI tools authorised by the University.

Week 5

Lecture 5 — Intellectual Property of Software Legal framework for software: copyright (Directive 2009/24/EC) and patents. Proprietary and open source licences. Protection of databases (Directive 96/9/EC). Authorship issues for AI-generated works. Analysis of practical cases.

Week 6

Lecture 6 — AI Literacy 2: Risks, Bias and AI Regulation Second AI module lecture: algorithmic bias and the COMPAS case (2014), the black box problem and explainability (XAI), privacy and AI (Clearview AI case). The EU AI Act (Reg. 2024/1689): risk-based approach and transparency obligations.

Week 7

Lecture 7 — AI Literacy 3: Prompting, AI Agents and the Future of Legal Professions Third AI module lecture: prompt engineering and practical frameworks (CO-STAR). RAG and autonomous agentic systems. Technology trends relevant to law (Gartner 2026). Reflection on the future of the legal profession: what AI can and cannot do. Practical prompting activity.

Week 8

Lecture 8 — Creation and transmission of an electronic document: operational and technical aspects Cryptography and Digital Signature Symmetric and asymmetric cryptography. Hash functions and digital signatures. The eIDAS Regulation (EU Reg. 910/2014) and the eIDAS 2.0 revision: simple, advanced and qualified electronic signatures. PEC in the Italian legal system.

Week 9

Lecture 9 — Regulation of Content Creators and Influencer Marketing Legal framework for influencers and content creators. Hidden advertising and transparency obligations: the Consumer Code, the interventions of the Italian Competition Authority (AGCM) and the AGCOM guidelines on influencer marketing. Product placement and endorsement: sponsorship and commercial collaboration contracts. Liability for misleading claims and consumer protection. Codes of conduct and advertising self-regulation (IAP). Analysis of practical cases.

Week 10

Lecture 10 — Liability of Content Providers and Hosting Providers Digital Platforms and social networks The liability regime for digital intermediaries: from the e-Commerce Directive (2000/31/EC) to the Digital Services Act. Distinction between mere conduit, caching and hosting. Notice and takedown. Key European case law. Obligations for Very Large Online Platforms (VLOPs) and the TERREG Regulation.

Week 11

Lecture 11 — Blockchain, Cryptocurrencies and Smart Contracts: Technical Aspects How a blockchain works: distributed ledger, consensus mechanisms (Proof of Work, Proof of Stake), cryptography and data immutability. Bitcoin and Ethereum. Smart contracts and the 'code is law' paradigm (TheDAO case). Fungible tokens and NFTs. Cryptocurrencies and stablecoins.

Week 12

Lecture 12_- The evolution of legal informatics. Legal tech and the digitalization of the legal professions, digital transformation, and legal design. Overview of digital transformation in the legal sector, illustrating how developments in legal informatics, Legal Tech tools and the principles of Legal Design are redefining the models of legal practice, the skills required of legal professionals and the ways in which legal services are delivered, with the aim of fostering a critical and practical understanding of the opportunities and challenges posed by digitalisation in the legal field.