Tag Archives: regulation

Empowerments (Part I): typology

To ensure the good application of law, authorities must have empowerments. However, we have not yet found any systematic presentation of types of empowerments. We aim at closing this gap by this article. We will see that the focus on empowerment permits a new, complementary view on what regulation should contain. This complementary view can be used to double-check whether draft regulation is complete. Continue reading Empowerments (Part I): typology

Report on Artificial Intelligence: Part I – the existing regulatory landscape

Artificial intelligence (AI) has been placed front and centre in many countriesʼ economic strategies1, probably unsurprising as AI is one of the defining technologies of the Fourth Industrial Revolution2. Nascent AI regulation around the world today is characterised by soft approaches either aimed at incentivising innovation in the manufacturing or digital sectors or encouraging break through research. The ethical implications of AI are either regulated through specific AI codes in companies concerned with good corporate social responsibility, in research institutes (private or public) concerned with ethical research and innovation or not regulated at all. These AI ethical codes are not formally scrutinised by any public administration, nor are they legislatively required, and so it is difficult to assess the quality and effectiveness of such codes in minimising the negative implications of AI. The purpose of this howtoregulate report is to examine existing AI regulatory landscape (Part I) and present regulatory approaches for minimising the harms of AI (Part II – outline for future regulation of AI), evidently without putting into question the utility of AI. Continue reading Report on Artificial Intelligence: Part I – the existing regulatory landscape

Research and Technology Risks: Part IV – A Prototype Regulation

The following prototype regulation shows that it is possible to cover all kinds of research and technology risks in one piece of regulation, making the currently practiced piece-meal approach superfluous. Compared with the practice of developing particular pieces of regulation e.g. for biotechnology, nuclear science, geo-engineering and always running behind the new technologies popping-up, this regulatory approach permits an easy handling and a faster and more complete coverage of research and technology risks. Continue reading Research and Technology Risks: Part IV – A Prototype Regulation

Regulating End of Life Choices: autonomy versus protection of the vulnerable

If there is a right to life, is there a right to not choose life? Many jurisdictions have regulations that enable patients to choose life-prolonging, life-shortening, or life-ending (for example do not resuscitate directives or removal of artificial feeding tubes) medical treatments in certain end of life situations. However, very few jurisdictions enable their citizens the choice to end their lives. Several countries are currently debating whether or not to enable their citizens to end their lives with the assistance of the state, and New Zealand is the most advanced in this process with its End of Life Choice Bill. This howtoregulate article examines the regulations of those jurisdictions that have developed end of life regulations on the basis of its complexity and the level of autonomy and protection afforded to those considering to end their life. Continue reading Regulating End of Life Choices: autonomy versus protection of the vulnerable

Breaking the silence: regulating against sexual crimes

The difficulty of regulating against sexual crimes is that it often occurs in private places or where the crime takes place in public, for example in the workplace, it usually involves only two people, which poses problems for detection and eventual prosecution. Usually sexual crimes only become known when the victim breaks the silence, to reveal the sexual crime that has taken place. The purpose of this howtoregulate article is to review the regulations against sexual crimes, particularly around definitions, detection, protection and prevention, and highlight those jurisdictions with novel methods for breaking the silence. Continue reading Breaking the silence: regulating against sexual crimes

Cybersecurity: regulating the virtual world

Smart grids, electronic commerce, digital government and health services are but a few of the many possibilities offered by the advancement of technology and expansion of cyberspace.

We could only agree with the Indonesian legislator that activities in cyberspace are virtual activities that have actual impacts on our lives. Cybersecurity breaches cover – among others – denial of services, physical theft, crime ware, cyberespionage and web application attacks.

Hence, it is evident that jurisdictions need robust cybersecurity by guaranteeing that products and services offered, meet certain levels of safety and reliability. Moreover, appropriate surveillance is required – without compromising privacy and data protection standards. Continue reading Cybersecurity: regulating the virtual world

Patented medicines: how to determine and curb prices?

Profit from sales of medicines is incentivizing pharma companies to further invest in research and innovation, which is undoubtedly in public interest. Profit is evidently linked to prices. Prices of patented medicines are exponentially rising around the world. As a result, there is an increase in public expenditure and diminution of access to medicines across all income groups of countries. Hence there is a conflict between two public interests: innovation on one hand and affordability on the other.

Continue reading Patented medicines: how to determine and curb prices?