LAW AND TECH

Marco Iecher, Fabiana Di Porto

Obiettivi formativi

In recent years, emerging technologies such as artificial intelligence (AI), blockchain, large language models (LLMs), and quantum computing have started reshaping how law is created, applied, and practiced. Legislatures increasingly draft algorithmic and computable rules; courts and administrative bodies experiment with AI-based tools to support their decisions; and legal professionals rely more and more on legal tech to conduct research, analyze contracts, and manage disclosure obligations. At the same time, the EU has adopted major regulatory reforms—such as the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA)—to govern digital platforms and AI systems through a risk-based, rights-respecting framework, complemented in Italy by its first national AI law. This course provides students with the theoretical foundation and technical literacy needed to understand these transformations and to critically identify, evaluate, and address the legal challenges raised by emerging technologies. Uniquely, it combines a legal track—covering legal tech, "law as code," "law as data," algorithmic disclosure, judicial use of AI, the DSA, the AI Act, and the Italian AI regime—with a technical track that covers the mechanics of the Internet, legal databases, information security fundamentals, AI, and blockchain. This dual approach ensures students gain the technical grounding necessary to engage with complex legal questions in an informed way. A series of guest lectures from prestigious academics and practitioners in tech contracting, cryptocurrency regulation, and intellectual property rounds out the course with broad theoretical insights and applied, professional perspectives. Being able to critically identify, evaluate, and analyze the technical and legal challenges brought by new technologies—and to apply legal principles to address them while truly understanding the underlying technology—is an increasingly vital skill in today's job market.

Prerequisiti

No specific technical or legal prerequisites are required. The technical foundations needed to engage with the course's legal content—how the Internet works, information security, and the basics of AI and machine learning—are built progressively throughout the course alongside the legal analysis. Nonetheless, students are encouraged to read the following article before the course begins: R. Whalen, "Defining legal technologies and its implications", International Journal of Law and Information Technology, 2022, 30, 47-67, available at https://journalcrcl.org/crcl/asicle/view/7/3.

Risultati di apprendimento attesi

By the end of the course, the acquired knowledge and skills will enable students to better understand how digital technologies shape various fields of law and how AI and digital markets are regulated. Knowledge and understanding: Through lectures, interactive activities, and in-depth seminars, students will learn to navigate the "Law and Tech" debate effectively, acquiring a comprehensive understanding of technological progress's impact on legal disciplines and digital markets governance. Ability to apply knowledge and understanding: Students will be able to identify legal issues surrounding new technologies, recognizing the underlying European and national regulatory perspectives. They will also master key legal concepts essential for contextualizing new technologies. These skills will be assessed through the mid-term and final written exams, as well as in-class presentations. Autonomy of judgment: Students will develop independent evaluative and analytical reasoning regarding course topics. They will accurately identify the legal macro-categories needed to solve technological legal problems. Critical thinking will be cultivated through short essays submitted via LUISS Learn and in-class group presentations. Communication Skills: Students will master specialized Law and Tech vocabulary to construct persuasive, effective arguments aligned with current legal developments. In-class presentations will allow students to present oral reports on assigned topics based on prior written research. Learning skills: Students will be equipped to identify future development trends in the Law and Tech field, preparing them for advanced academic study and professional practice.

Contenuti Del Corso

The course combines legal and technological approaches (reflecting the complementary expertise of the instructors) and covers the following areas: Legal track (Prof. Di Porto): Covers legal tech, "law as code," "law as data," algorithmic disclosure, judicial use of AI, computational analysis of disclosure duties and rulemaking, the DSA, the AI Act, and the Italian AI regime. Technical track (Prof. Iecher): Covers the Internet, legal database research, information security, AI/machine learning fundamentals, prompting, APIs, blockchain, and digital productivity. Guest Lectures & Presentations: Guest sessions with leading academics and practitioners are integrated throughout the semester, concluding with student group presentations.

Testi Di Riferimento

All teaching materials are available on the MyLuiss platform from the start of the course. Readings are provided as uploaded PDF files or linked via the Luiss Electronic Library and external repositories. Refer to the course schedule for detailed weekly reading assignments.

Metodologie Didattiche

Lectures, seminars, in-class group presentations, and structured material discussions are utilized to encourage active debate and foster autonomous critical thinking. Group formation: During Week 1, students must form groups of up to 4 members. Each group will be assigned a presentation time slot to ensure clear scheduling from the outset. Topic choice: Each group selects a topic in consultation with the TAs. The topic must: Bridge both the legal and technical tracks. Expand beyond the mandatory course reading materials. Topics must be confirmed with the TAs by Week 1. Paper draft: Draft a short research paper (5–10 pages) analyzing the selected topic systematically (framing the issue, analyzing key challenges, evaluating arguments pro/con, and proposing conclusions). A template of previous successful papers is available on the course platform. In-class presentation: Groups present their paper to the class on their scheduled date. Every group member must present a section of the paper and actively participate in the subsequent Q&A session. Deadlines: Week 1: Form groups and register member names with the TAs. Week 2: Agree on the topic and paper outline with the TAs. Paper Submission: Submit the final paper draft to the TAs at least 4 days prior to the presentation date. How to present and assessment criteria (35%): Group presentation in class (typically 20 minutes). Interactive discussion with instructors, TAs, and classmates (typically 10 minutes). Classmates are required to read papers in advance and actively participate in the Q&A. Contributing to discussions on peers' papers counts toward the Active Participation grade (10%). Assessment criteria for in-class presentations: Graded on an A–D scale. Final presentation grades will be published on MyLuiss after all group presentations have concluded. Luiss Policies for AI Generative Tools: see details on MyLuiss

Modalità di verifica dell'apprendimento

Attending students: [Attendance is monitored via the Beacon app; students must attend at least 70% of classes to qualify] 25% Mid-term multiple-choice test [consisting of 30 questions in 20 minutes; if failed, it can be re-taken only once, together with the Final multiple-choice test; the grade taken cannot be rebutted 35% In-class presentation (see guidelines below) 10% Active participation 10% Attendance 20% Final multiple-choice test [25 questions in 20 minutes] Non-attending students: 100% Multiple-choice test [65 questions in 50 minutes].

Criteri per l’assegnazione dell’elaborato finale

Thesis supervision is granted based on achieving a strong final grade in the course and submitting a well-crafted, relevant research topic proposal.

Settimana 1

First class: Course Introduction and Syllabus Presentation Second class: Legal Tech: How Computational Tools Serve the Legal Profession • R. Whalen, Defining legal technologies and its implications, in Int. J. L. & Inf. tech, 2022, 30, 47-67, LINK Third class: “Law as Code” and “Law as Data” • B. Chau, M. Livermore, Computational Legal Studies Comes of Age, Eur. J. Empirical Legal Studies, 1, 89-104, 2024. LINK Recommended readings: • J. Frankenreiter, M.A. Livermore (2020), Computational Methods in Legal Analysis, in16 Annual Review of Law and Social Science or Virginia Public Law and Legal Theory Research Paper No. 2020-44, LINK

Settimana 2

First class: How the Internet Works (infrastructure, protocols, Internet vs Web) Slides + Official class notes Second class: Legal Database Research Slides + Official class notes Third class: Information Security, Part 1 — The CIA Triad Slides + Official class notes

Settimana 3

First class: Information Security, Part 2 — Authentication and Non-repudiation Slides + Official class notes Second class: Disclosure by Algorithms (an example of “Law as Code”) • F. Di Porto (2023) Algorithmic Disclosure Rules, in Artificial Intelligence and Law LINK Third class: Computational Analysis of Disclosure Duties, an example of “Law as Data” • F. Di Porto, T. Grote, G. Volpi, R. Invernizzi (2022) Talking at Cross Purposes. A computational analysis of the debate over Informational Duties in the DSA and DMA. in Journal of Regulation and Technology, LINK

Settimana 4

First class: Guest Lecture — Avv. Francesco Casagli: How Technology Is Reshaping Commercial Contracts Cybersecurity, privacy and AI clauses in practice (SaaS/PaaS/cloud contracts) Second class: Introduction to Artificial Intelligence — History and Large Language Models Slides + Official class notes Third class: Supervised and Unsupervised Learning, Clustering Slides + Official class notes

Settimana 5

First class: AI and Rule-Making, an example of “law as code” • F. Di Porto, P. Fantozzi, M. Naldi, N. Rangone (2024) Mining EU consultations through AI, Artificial Intelligence and Law, LINK Recommended readings: • N. Rangone – L. Megale, Risks Without Rights? The EU AI Act’s Approach to AI in Law and Rule-Making, in European Journal of Risk Regulation (2025), 16, 1082–1097 (2025), LINK • J.lund-Tønnesen. (2026) Digital surveillance governance: understanding developments in the use of personal data in public sector reform. Public Management Review, 1-28. LINK Second class: Uses of AI by Courts • E. Longo Justice and Generative AI: The Constitutional Challenges, in European Review of Digital Administration & Law (2024) LINK • J. Barnett, P. Treleaven, F.I. Ledererl, J. Zeleznikow et AL. Judicial AI Technology and ODR The impact of AI and Emerging Technologies on the Judiciary, Courts and Justice, in William & Mary Law School Research Paper (2025) LINK Recommended readings: • P.F. Bresciani – M. Palmirani The Constitutional Opportunities and Risks of of AI in the Law-Making Process, in federalismi.it (2024) LINK Third class: Artificial Intelligence Act (AI Act) /1 • N.A. Smuha – K. Yeung The European Union's AI Act: beyond motherhood and apple pie?, in Nathalie A. Smuha (ed), The Cambridge Handbook of the Law, Ethics and Policy of Artificial Intelligence, Cambridge University Press, 228-258, (2025) LINK

Settimana 6

First class: Prompting Basics and Platform Infrastructures Slides + Official class notes Second class: APIs and Wireless Communication Architectures Slides + Official class notes Third class: Blockchain Slides + Official class notes

Settimana 7

First class: MIDTERM WRITTEN TEST

Settimana 8

First class: AI Act/2 • A. Palumbo (2025) Systematic Risk Management and the Constitutional Limits of Delegating Political Discretion: An Analysis of the DSA and the AI Act. European Journal of Risk Regulation, 1–22 LINK Second class: AI Act/3 + Digital Omnibus on AI + Council of Europe Framework Convention on AI • M.Á. Presno Linera – A. Meuweseb, Regulating AI from Europe: a joint analysis of the AI Act and the Framework Convention on AI, in German Law Journal (2024), LINK Explanation of Regulation (EU) 2026/1744 Digital Omnibus on AI + LINK Third class: Lecture 10: Digital Productivity Slides + Official class notes

Settimana 9

First class: Guest Lecture — Avv. Donato Salomone (Banca d'Italia): Legal and Regulatory Aspects of Cryptocurrencies Second class: Guest Lecture — Avv. Francesco Casagli: Negotiating AI and Technology Agreements — Liability Allocation, IP Ownership, and Licensing Clauses Third class: Guest Lecture — Avv. Marco Soldati (Commercial & IP Rights Senior Legal, Wind Tre S.p.A.): “Practical Aspects of Intellectual Property Protection”

Settimana 10

First class: DSA/1 • M. Husovec, Rising above liability: the digital services act as a blueprint for the second generation of global internet rules, in Berkley Tech L. J., 2023, 10-137, LINK Recommended readings: A. Turillazzi, M. Taddeo, L. Floridi, F. Casolari, The digital services act: an analysis of its ethical, legal and social implications, in Law, innovation and technology, 2023, 15(1), 83- 106, LINK Second class: Guest Lecture — Prof. Gustavo Ghidini (Attorney, Professor Emeritus): “Intellectual Property, Industrial Property, and AI” Third class: In-class Presentation 1 — Groups 1, 2

Settimana 11

First class: In-class Presentation 2 — Groups 3, 4 OR Guest Lecture — Adv. Marco Monaco Sorge (Partner, Tonucci Legal): Use of AI in the Legal Profession [TBC] Second class: Guest Lecture — Adv. Marco Monaco Sorge (Partner, Tonucci Legal): Use of AI in the Legal Profession [TBC] OR In-class Presentation 2 — Groups 3, 4 Third class: Guest Lecture — Adv. Marco Fontana (Politecnico of Milan): “AI and Health Services”

Settimana 12

Week 12 First class: In-class Presentation 3 — Groups 5, 6 Second class: In-class Presentation 5 — Groups 7, 8 Third class: In-class Presentation 6 — Groups 9, 10 Week 13 First class: DSA/2 — Dark Patterns and Systemic Risk Management In class simulation (B. Beka) • F. Di Porto – A. Egberts, The Collective Welfare Dimension of Dark Patterns Regulation, Eur. Law Journal (2023) 29:1-2, 114-141, LINK • CJEU, judgment in Amazon v Commission (Case T-367/23, 19 Nov 2025): the first judicial ruling on the legality of the VLOP-designation criteria under Art. 33 DSA LINK Recommended readings: • DSA Observatory (University of Amsterdam): a series of in-depth pieces on how platforms are addressing addictive design under Arts. 34-35 DSA LINK Second class: The Italian AI Regime • A. Barbiero, B. Campasso et Al. Trust at the core: Italy’s first comprehensive AI Law and its impact on the professional practice, in MediaLaws (2025), LINK • NCTM (2026) AI: Council of Ministers gives preliminary approval to two draft legislative decrees implementing law no. 132/2025, LINK Third class: Wrap-up Session — Course Closing