CIVIL LAW OF THE DIGITAL SOCIETY

At the end of the course, students will be able to understand the main issues of civil law posed by technological progress, with regard to phenomena such as Artificial Intelligence and, more generally, the digital sphere. They will also be able to assess the perspectives and limits of the interpretation of existing rules - first and foremost, those of the civil code - in the face of new phenomena

The course will be divided into two parts. The first part of the course (first six lessons) will deal with the main civil law issues posed by the phenomenon of Artificial Intelligence: from liability to contract, from personal rights to copyright. Particular attention will be paid to the EU Regulation bearing the Artificial Intelligence Act (Reg. 2024/1689) and to the new Directive on product liability (Dir. 2024/2853). More generally, students will be exposed to the issues related to the possibility of interpreting existing rules (on liability, contract, copyright, etc.) in order to apply them to new technological phenomena, also through the examination of practical cases. Particular attention will also be paid to issues of freedom of expression online (fake news, disinformation, hate speech, content moderation), with particular regard to liability and duties of online service providers and platforms. The second part of the course (second six lectures) will deal with issues related to the modalities of the conclusion of contracts and in general of legal transactions and IT contracts with particular attention to the most widespread contractual forms in practice. More generally, issues related to digital identity, digital signatures and the evolution of the related discipline over time will be addressed. Particular attention will be given to the protection of digital assets, domain names, web pages, Internet sites and social networks, carefully examining the dynamics connected with the related liability, including civil liability.

For non-attending students With regard to the first part of the program (first six lessons), the final exam for non-attending students will focus on the topics covered in one of the two books Diritto dell’Intelligenza Artificiale, by Ugo Ruffolo and Andrea Amidei (Luiss University Press, 2024), which will also be discussed in class. Students are therefore asked to choose between one of the following two volumes: - Ruffolo, Amidei, Diritto dell’Intelligenza Artificiale, vol. I – Responsabilità. Contratto. Regolazione. Veicoli autonomi, Rome, Luiss University Press, 2024, or - Ruffolo, Amidei, Diritto dell’Intelligenza Artificiale, vol. II – Proprietà industriale e intellettuale. CorpTech. Giustizia predittiva. Transumanesimo. AI generativa. Metaverso, Rome, Luiss University Press, 2024. For attending students With regard to the first part of the program (first six lessons), attending students – i.e., those who will have attended at least five classes out of six – will be assigned an individual or group work, which will be discussed during the final exam. In addition to said work attending students will have to choose between one of the following chapters: - Ruffolo, Amidei, Diritto dell’Intelligenza Artificiale, vol. I – Responsabilità. Contratto. Regolazione. Veicoli autonomi, Roma, Luiss University Press, 2024, with regard only to Chapters 1, 2, 3 and 5, or - Ruffolo, Amidei, Diritto dell’Intelligenza Artificiale, vol. II – Proprietà industriale e intellettuale. CorpTech. Giustizia predittiva. Transumanesimo. AI generativa. Metaverso, Roma, Luiss University Press, 2024, with regard only to Chapters 3, 4 and 5. With regard to the second part of the programme (second six lectures), the final examination interview will focus on the topics covered in the lectures, from the teaching material provided on the use of texts, for the chapters relevant to the lectures : Perlingeri Martone Nuove Tecnologie e cultura del diritto civile, Naples, ESI 2022; Iaselli, Contratti informatici, Pisa, Pacini Giuridica, 2022; Manca, Electronic signatures, 2021, Themis Translated with DeepL.com (free version)

Lectures held by teachers. Practical cases will also be examined during the lessons.

The learning assessment will take place through a final oral interview, which will cover both parts of the program.

Students who wish to request the assignment of a thesis are required to attend and actively participate in the course lessons.