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Decision-making assisted by algorithms developed by machine learning is increasingly determining our lives. Unfortunately, full opacity about the process is the norm. Would transparency contribute to restoring accountability for such systems as is often maintained? Several objections to full transparency are examined: the loss of privacy when datasets become public, the perverse effects of disclosure of the very algorithms themselves, the potential loss of companies’ competitive edge, and the limited gains in answerability to be expected since sophisticated algorithms usually are (...) inherently opaque. It is concluded that, at least presently, full transparency for oversight bodies alone is the only feasible option; extending it to the public at large is normally not advisable. Moreover, it is argued that algorithmic decisions preferably should become more understandable; to that effect, the models of machine learning to be employed should either be interpreted ex post or be interpretable by design ex ante. (shrink)

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In our information societies, tasks and decisions are increasingly outsourced to automated systems, machines, and artificial agents that mediate human relationships, by taking decisions and acting on the basis of algorithms. This raises a critical issue: how are algorithmic procedures and applications to be appraised and governed? This question needs to be investigated, if one wishes to avoid the traps of ICTs ending up in isolating humans behind their screens and digital delegates, or harnessing them in a passive role, by (...) curtailing their freedom and autonomy. (shrink)

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A socio-cognitive approach to trust can help us envisage a notion of networked trust for multi-agent systems (MAS) based on different interacting agents. In this framework, the issue is to evaluate whether or not a socio-cognitive analysis of trust can apply to the interactions between human and autonomous agents. Two main arguments support two alternative hypothesis; one suggests that only reliance applies to artificial agents, because predictability of agents’ digital interaction is viewed as an absolute value and human relation is (...) judged to be a necessary requirement for trust. The other suggests that trust may apply to autonomous agents because predictability of agents’ interaction is viewed only as a relative value since the digital normativity that grows out of the communication process between interacting agents in MAS has always deal with some unpredictable outcomes (_reduction of uncertainty_). Furthermore, human touch is not judged to be a necessary requirement for trust. In this perspective, a diverse notion of trust is elaborated, as trust is no longer conceived only as a relation between interacting agents but, rather, as a relation between cognitive states of control and lack of control (_double bind_). (shrink)

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This paper criticizes the tendency to view the extension of the class of social actors, which stems from the process of democratization of data, as also implying the extension of the class of the political actors involved in the process of governance of the Information Society. The paper argues that social actors can upgrade to political actors once they become real interlocutors, namely political actors that can participate in the formation of the political discourse and that this can happen only (...) once they are able to combine, to a greater or lesser degree, the reduction of information asymmetries with the reduction of power differentials. (shrink)

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Cyber warfare has changed the scenario of war from an empirical and a theoretical viewpoint. Cyber war is no longer based on physical violence only, but on military, political, economic and ideological strategies meant to exploit a state’s informational resources. This means that a deeper understanding of what cyber war is requires us to adopt an informational approach. This approach may enable us to account for the two-dimensional nature of cyber war, to revise the notion of violence on which war (...) is premised and to understand to what extent the traditional ideas of ‘just war’ may apply to the scenario of cyber warfare. This point is crucial, since it concerns whether a cyber war is meant to restore a broken international political and legal order or to participate in its construction. (shrink)

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This article examines some of the most relevant issues concerning P2P systems so as to take sides in today's strongly polarized debate. The idea is to integrate a context-based perspective with an ontological representation of informational norms; thanks to a procedural outlook which is presented in terms of burden of proof More particularly, we examine three ''roads." First, the topological approach to complex social networks allows us to comprehend the laws according to which information is distributed through P2P systems and (...) how a "short route" has joined, and sometimes replaced, the traditional "long route" between creator, business, and the public. The second road is the context-based perspective elaborated by Helen Nissenbaum, and developed by Francis Grodzinsky and Herman Tavani: The goal is to determine the norms that govern such an informational flow as norms of appropriateness and distribution. The final road is the informational viewpoint on ethics proposed by Luciano Floridi with the idea that standard ethical theories cannot easily be adapted to deal with the new informational issues emerging with digital technology. While empirical evidence on the impact of P2P systems is still quite controversial, it is crucial to determine on whom the burden of proof falls in a given context, on censors or advocates, by singling out both the default norms and exceptions in the use and development of P2P software. (shrink)

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The paper examines the open problems that experts of space law shall increasingly address over the next few years, according to four different sets of legal issues. Such differentiation sheds light on what is old and what is new with today’s troubles of space law, e.g., the privatization of space, vis-à-vis the challenges that AI raises in this field. Some AI challenges depend on its unique features, e.g., autonomy and opacity, and how they affect pillars of the law, whether on (...) Earth or in space missions. The paper insists on a further class of legal issues that AI systems raise, however, only in outer space. We shall never overlook the constraints of a hazardous and hostile environment, such as on a mission between Mars and the Moon. The aim of this paper is to illustrate what is still mostly unexplored or in its infancy in this kind of research, namely, the fourfold ways in which the uniqueness of AI and that of outer space impact both ethical and legal standards. Such standards shall provide for thresholds of evaluation according to which courts and legislators evaluate the pros and cons of technology. Our claim is that a new generation of sui generis standards of space law, stricter or more flexible standards for AI systems in outer space, down to the “principle of equality” between human standards and robotic standards, will follow as a result of this twofold uniqueness of AI and of outer space. (shrink)

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The present paper aims at addressing a crucial legal conflict in the information society: i.e., the conflict between security and civil rights, which calls for a “fine and ethical balance”. Our purpose is to understand, from the legal theory viewpoint, how a fine ethical balance can be conceived and what the conditions for this balance to be possible are. This requires us to enter in a four-stage examination, by asking: (1) What types of conflict may be dealt with by means (...) of balancing? (2) What is meant by balancing? Is it a metaphor that hides and dissimulates discretionary powers and subjective decisions or a rational instrument that helps us cope with conflicts between fundamental values and interests? (3) What models of balancing are available to us? Are these models irreducible to each other? What can provide us with a common understanding of different models of balancing? (4) How can the crucial issues of rational controllability, predictability, and homogeneity of legal decisions be dealt with? Our paper will try to answer those questions by trying to reconstruct the act of balancing in terms of a rational legal reasoning, which relies upon information. In fact, every judicial decision contains some information that is delivered to the legal system: that information may serve as the basis for future evaluations, decisions, and actions, and thus influence the way we recognize and hence we protect our values, interests, and rights. In this perspective, our examination will attempt to understand those questions in informational terms. This informational treatment can provide us with a more universalistic understanding of those issues and offer us a novel way to conceptually deal with them. To this aim, we will avail yourself of Luciano Floridi’s philosophy of information: notably, we believe his constructionist conception of epistemology is crucial, based on the Maker’s Knowledge approach and his solution of the upgrading problem (i.e., from information to knowledge) in terms of a network theory of account. The informational approach will help us having a better understanding of the balance between competing interests. (shrink)

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This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding of (...) reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

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The paper examines how the current evolution and growth of ICTs enables a greater number of individuals to communicate and interact with each other on a larger scale: this phenomenon enables people to cross the conventional boundaries set up across modernity. The presence of diverse barriers does not however disappear, and we therefore still experience cultural, political, legal and moral boundaries in the globalised Information Society. The paper suggests that the issue of boundaries is to be understood, primarily, in philosophical (...) terms, in order to explain in what sense the fundamental historicity and situatedness of human beings does not necessarily prevent them from being able to cross the boundaries of their own experiences and to communicate with other human beings. Our line of reasoning is based on the idea that the epistemic and moral subject is neither a pure universal subject always transcending the limits of its experience nor the mere product of the context in which it find itself embedded. By virtue of its continued existence and experience of any given context, the epistemic and moral subject is asked to respond to the constraining affordances of data and to account for the moral calls of the other. This intertwinement of responsiveness and accountability towards what is "over there" confers us an original understanding of what is "here". (shrink)

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Lorenzo Magnani’s book is a broad and deep meditation on the theme of violence. For the author, the theoretical and methodological problem lies not in trying to find a privileged access to the issue of violence, but rather to raise this issue to the status of an independent, chiefly philosophical subject. This requires a strategic twofold move: on the one hand, one needs a strong and comprehensive philosophical hypothesis about violence; on the other, it is necessary to bring to a (...) theoretical unity the plurality or, to put it differently, the fragmentation of analyses consecrated to the issue of violence—and this result is achieved precisely thanks to a comprehensive philosophical hypothesis. (shrink)

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In my paper I will focus my attention on some philosophical aspects of the Information Ethics displayed by Luciano Floridi. Floridi’s Information Ethics has the methodological merit of providing the interpretation of the Informational Turn with a solid philosophical basis, the roots of which deserve a careful investigation. In this perspective, I will analyse a key question, which is essential not only from a theoretical but also from a practical point of view, i.e. whether or not Floridi’s construction of information (...) is consistent with a pluralistic conception of Being. (shrink)

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