Potential Legal Issues Research Articles

Mapping the Apps: Ethical and Legal Issues with Crowdsourced Smartphone Data using mHealth Applications

More than 5 billion people in the world own a smartphone. More than half of these have been used to collect and process health-related data. As such, the existing volume of potentially exploitable health data is unprecedentedly large and growing rapidly. Mobile health applications (apps) on smartphones are some of the worst offenders and are increasingly being used for gathering and exchanging significant amounts of personal health data from the public. This data is often utilized for health research purposes and for algorithm training. While there are advantages to utilizing this data for expanding health knowledge, there are associated risks for the users of these apps, such as privacy concerns and the protection of their data. Consequently, gaining a deeper comprehension of how apps collect and crowdsource data is crucial. To explore how apps are crowdsourcing data and to identify potential ethical, legal, and social issues (ELSI), we conducted an examination of the Apple App Store and the Google Play Store in North America and Europe to identify apps that could potentially gather health data through crowdsourcing. Subsequently, we analyzed their privacy policies, terms of use, and other related documentation to gain insights into the utilization of users’ data and the possibility of repurposing it for research or algorithm training purposes. More specifically, we reviewed privacy policies to identify clauses pertaining to the following key categories: research, data sharing, privacy/confidentiality, commercialization, and return of findings. Based on the results of these app search, we developed an App Atlas that presents apps which crowdsource data for research or algorithm training. We identified 46 apps available in the European and Canadian markets that either openly crowdsource health data for research or algorithm training or retain the legal or technical capability to do so. This app search showed an overall lack of consistency and transparency in privacy policies that poses challenges to user comprehensibility, trust, and informed consent. A significant proportion of applications presented contradictions or exhibited considerable ambiguity. For instance, the vast majority of privacy policies in the App Atlas contain ambiguous or contradictory language regarding the sharing of users’ data with third parties. This raises a number of ethico-legal concerns which will require further academic and policy attention to ensure a balance between protecting individual interests and maximizing the scientific utility of crowdsourced data. This article represents a key first step in better understanding these concerns and bringing attention to this important issue.

Implementation of an Automated Code Checking Algorithm Based on Site Analysis

To date, BIM has been primarily utilized in cost and schedule management, an interference check between architectural and structural models and systems based on geometric data in the process of the construction life cycle. However, there is a lack of research that utilizes the information contained in the BIM model to review whether the proposed architectural model is appropriately designed in accordance with each country’s building regulations or building codes or that proposes a model optimized for laws and standards. ‘Building code checking’ is the step of reviewing whether a building designed based on the building codes is suitable for being constructed as a building. However, this process consumes significant time and money and leads to human errors due to the manual review process. This study included implementation of an algorithm based on the Korean building code. In this study, there was the process of selection of codes when architects interpret building codes in common and implementation based on the codes selected. Next, modeling based on DXF files from NGII (National Geographic Information Institute) was applied to the algorithm developed in this study. Last, it includes case studies that compare the outputs of the algorithm with the real buildings, which had received real code checking, to make sure the algorithm in this paper is working properly. The implementation of such an automated system has the potential to significantly improve the efficiency and effectiveness of the building design and construction process. It can help architects to quickly and accurately identify potential legal issues and provide alternative solutions that meet regulatory requirements. This, in turn, can lead to reduced project costs, improved quality of designs, and faster project delivery times.

PROBLEMS OF PRE-EMPTIVE SELF DEFENSE – WHEN IS USE OF FORCE PERMITTED IN SELF-DEFENSE

This article concentrates on setting the moment when use of force in self defense becomes justified under public international law and comments on occasionally postulated doctrine of pre-emptive self defense. The author identifies four views on that matter, represented by the scholars, shows their legal justifications and points out potential legal issues connected to their use, both from the legal and practical point of view. The article also presents examples of use of force in order to illustrate presented issues.

Depiction of conversational agents as health professionals: a scoping review.

The purpose of this scoping review was to examine the depiction of conversational agents as health professionals. We identified the professional characteristics that are used with these depictions and determined the prevalence of these characteristics among conversational agents that are used for health care. The depiction of conversational agents as health professionals has implications for both the users and the developers of these programs. For this reason, it is important to know more about these depictions and how they are implemented in practical settings. This review included scholarly literature on conversational agents that are used for health care. It focused on conversational agents designed for patients and health seekers, not health professionals or trainees. Conversational agents that address physical and/or mental health care were considered, as were programs that promote healthy behaviors. This review was conducted in accordance with JBI methodology for scoping reviews. The databases searched included MEDLINE (PubMed), Embase, CINAHL with Full Text (EBSCOhost), Scopus, Web of Science, ACM Guide to Computing Literature (Association for Computing Machinery Digital Library), and IEEE Xplore (IEEE). The main database search was conducted in June 2021, and an updated search was conducted in January 2022. Extracted data included characteristics of the report, basic characteristics of the conversational agent, and professional characteristics of the conversational agent. Extracted data were summarized using descriptive statistics. Results are presented in a narrative summary and accompanying tables. A total of 38 health-related conversational agents were identified across 41 reports. Six of these conversational agents (15.8%) had professional characteristics. Four conversational agents (10.5%) had a professional appearance in which they displayed the clothing and accessories of health professionals and appeared in professional settings. One conversational agent (2.6%) had a professional title (Dr), and 4 conversational agents (10.5%) were described as having professional roles. Professional characteristics were more common among embodied vs disembodied conversational agents. The results of this review show that the depiction of conversational agents as health professionals is not particularly common, although it does occur. More discussion is needed on the potential ethical and legal issues surrounding the depiction of conversational agents as health professionals. Future research should examine the impact of these depictions, as well as people's attitudes toward them, to better inform recommendations for practice.

The Effects of ChatGPT on Economic Development

ChatGPT has been the latest trend of technology which generated much debate within the society as it is impactful on the life of human beings. It integrated Artificial Intelligence and natural language processing technology, and have the ability to replace the work of human beings. As it works based on huge databased, ChatGPT is also knowledgeable in handling questions of different industries. In this paper, the effects of ChatGPT on economic development is future discussed. ChatGPT can influence the economic as it is able to bring impacts on labor market, education, technology integration, business decision and political decision. The impacts of ChatGPT can be argued to bring to both positive and negative impacts. The current characteristics of ChatGPT includes technical and data limitation, improve efficiency in multiple fields and bring to potential ethical and legal issues. The paper will further argue that ChatGPT can be integrated into the field of medical, education, and sales and marketing. By integrating ChatGPT into these field, it can increase the business model of ChatGPT, while also beneficial for the respective fields which brings to overall economical development of the society.

Securing Blockchain Enterprises: Legal Due Diligence Amidst Rising Cyber Threats

This study aims to understand the vulnerabilities faced by enterprises operating on token-based blockchain businesses and the role of legal, due diligence procedures in mitigating such risks. It employed the Preferred Reporting Items for Systematic Reviews and Meta-Analyses method and sourced data from DeFillama, a platform tracking decentralized finance developments, to categorize hacking incidents into five major groups: Ecosystem, Infrastructure, Protocol Logic, Rugpull, and Smart Contract Language. The findings highlight that Infrastructure attacks, mainly through Private Key Compromise, are the most damaging. They cause losses of over 800 million dollars between 2020 and 2023. It necessitates comprehensive and adaptable legal, due diligence strategies focusing on jurisdictional legal frameworks, platform usage terms, regulatory compliance, and potential legal issues. The study underscores the importance of further research to evaluate and enhance the effectiveness of these measures in addressing the unique challenges of blockchain technology, which are crucial for enhancing the resilience and sustainability of blockchain enterprises, thereby promoting global trust in this emerging field.

A digital and interoperable support for the risk assessment of existing bridges

The topic of environmental, economic, and social sustainability is increasingly recurring in the development strategies of governments and international organizations. The Recovery Fund, part of the Next Generation EU, follows this direction, establishing itself as a new European tool for recovery. With specific reference to the sustainability of infrastructure, Italy has recently presented the National Recovery and Resilience Plan (PNRR), which identifies the structural thematic areas of intervention through 6 missions. In particular, Mission 3, "Infrastructures for sustainable mobility," allocated approximately 32 billion euros, aims to introduce remote digital monitoring systems for the safety of road arteries and urgent works for the safety improvement of deteriorated roads, bridges, and viaducts. This mission is consistent with the Guidelines for the assignment of attention class and risk management, safety assessment, and monitoring of existing bridges, approved by the Superior Council of Public Works on May 6, 2020, and incorporated into Ministerial Decree no. 578 of December 17, 2020. The adoption of these guidelines by managers is also important in case of incidents to avoid potential legal issues. To ensure the development of this strategic approach and achieve the desired results within the established timeframe, it is necessary to equip oneself with suitable digital methods and tools, such as Building Information Modeling (BIM) and BIM-oriented software. Harpaceas, through a scientific research project with the Department of Civil and Industrial Engineering at the University of Pisa, has aimed to utilize standard software, included in the new solution "PontiSicuri" (Safe Bridges), in order to enable the digital management of the assignment of risk attention class and safety assessment of existing bridges in Italy in accordance with the new Guidelines. The Authors will describe this innovative approach in the present paper.

Perlindungan Hukum terhadap Para Pihak dalam Kegiatan Sewa Menyewa Kapal di Indonesia

Indonesia is an archipelagic nation with vast maritime territory. Consequently, maritime transportation plays a crucial role in supporting inter-island connectivity, trade, and various other economic sectors. In this context, ship leasing activities become a key aspect of the maritime industry in Indonesia. This academic article aims to analyze and document the legal protection for the parties involved in ship leasing activities in Indonesia. Ship leasing is a significant sector in the Indonesian maritime industry, involving various businesses and individuals. This research is conducted by delineating the legal aspects related to ship leasing contracts, the rights and obligations of the parties involved, and potential legal protection issues that may arise. The study discusses the legal framework governing ship leasing activities, including provisions regulating the rights and obligations of ship owners, lessees, and other relevant parties. In this research, the role of legal regulations in providing protection to the parties involved in ship leasing activities and the enforcement efforts will be considered. The research will also evaluate the challenges and opportunities faced by the parties in achieving adequate legal protection in ship leasing transactions. The research findings indicate the need for improvements in the implementation and understanding of legal aspects related to ship leasing in Indonesia. This article contributes to a better understanding of the legal framework governing these activities and promotes enhancements in the regulation and practices of the maritime industry.

Citizen Science in Biomedicine: Attitudes, Motivation, and Concerns of the General Public and Scientists in Latvia

Citizen science is research carried out by citizens in cooperation with scientists based on scientifically developed methods. Citizen science makes science accessible to the public and promotes public trust. Since there is scarce evidence about attitudes toward citizen science in the field of biomedicine, we aimed to evaluate the attitudes, motivations, and concerns of the Latvian general population and scientists from the biomedical research field toward citizen science research projects. We developed a survey that consisted of seven different citizen science research project examples (vignettes) and circulated it among the Latvian general population and researchers online, collecting quantitative and qualitative data. In total 314 individuals from the general population and 49 researchers filled in the survey. After the analysis was performed, we concluded that the general population and biomedical scientists in Latvia have different expectations toward citizen science. The results showed that while the general public is more interested in individual and societal benefits and concerned with specific participation aspects like filming, photographing, or co-funding, the scientists see the biggest potential contribution to their project in aspects of additional data collection and potential financial support, and are concerned about data quality, potential legal issues, and additional coordination communication that would be needed.

A Contractual Framework on Legal Obligations for Professional Designers in Building Information Modelling

Building information modelling (BIM) had been adopted in the architectural, engineering and construction (AEC) industry since 2000’s owing to the increasing complexity of construction projects. Despite BIM had been proven in leading towards a more effective and efficient design process, Malaysia is still struggling with low BIM adoption rate professional designers in the construction industry particularly due to the absence of legal contractual agreement in dealing with BIM legal issues. This research aims to identify the potential legal issues faced by the industry and to propose BIM legal contractual provisions as BIM addendum into local contracts in Malaysia. Two objectives underpinned in this research, namely, (1) to determine the potential legal issues towards Malaysian professional designers in Building Information Modelling and (2) to propose preliminary legal framework clauses with reference to Building Information Modelling into current local standard form of contracts. Survey questionnaire method using selective sampling was adopted in this research in Malaysia. Thirty-one valid questionnaires were analysed. The results identified 28 BIM related legal clauses that could be included into the local contracts. As a result from in-depth analytical discussion, these potential legal variables were then taken into consideration as contractual framework for legal obligations of professional designers with reference to BIM. While providing a better paveway towards the proposal of BIM contractual provisions in Malaysia, this research helps to fill up the research gap of BIM legal provisions in the Malaysian construction industry.

The Problematics of Determining Investigators for the Corruption Eradication Commission

This study aims to examine the problems of appointing Commission investigators. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the Commission holds the authority to appoint Civil Servant Investigators from its internal ranks. One of the requirements for such an appointment is that the Commission conducts education and training in the field of investigation in collaboration with the Police. However, the Commission still recruits investigators from the Police and the Attorney General’s Office. Appointing investigators from these two entities presents challenges, including continuity issues in the investigative process, the risk of losing essential information or knowledge about handled cases, and legal and administrative considerations when the tenure of an employed investigator reaches its maximum limit. Therefore, it is recommended that the Commission and relevant stakeholders enhance the capacity and competency of internal Civil Servant Investigators through systematic and continuous education and training, thus reducing dependence on investigators from the Police and the Attorney General’s Office. Furthermore, the Commission should consider formulating strategies to minimize the risk of vital information loss due to investigator turnover, such as creating detailed case documentation and an effective case transition system. Additionally, the Commission can collaborate with relevant legal and administrative entities to address potential legal and administrative issues arising from the conclusion of an investigator’s tenure, considering aspects of justice and thoroughness in the investigative process.

A preliminary study on artificial intelligence oracles and smart contracts: A legal approach to the interaction of two novel technological breakthroughs

Artificial Intelligence and Smart Contracts are two cutting-edge technological achievements of the so-called 4th Industrial Revolution era. Both have already had a significant impact on various aspects of modern life, including transactions, and each one has already been under scientific investigation. Instead, their interaction has not become the subject of a debate, although it can further (positively) affect the transactions. This interconnection takes place through specific mechanisms, called Oracles, which can be, among others, highly sophisticated Artificial Intelligence systems (autonomous systems). The present article aims to present the role of the Artificial Intelligence Oracles throughout the ‘smart contractual procedure’, as well as to shed light on the potential (new) legal issues this interconnection may raise. The main result of this article is to indicate the appropriate legal directions in case of Artificial Intelligence Oracles’ failures, based on the most prevalent current approaches to AI's (the user's) contractual and/or non-contractual liability. The major research's conclusion is that the Artificial Intelligence Oracle's failures may result in one of the following situations: (a) breach of a (smart) contract, (b) unjust enrichment, (c) conclusion of a (voidable) smart contract that should not have been concluded, or (d) non-conclusion of a smart contract that should have been concluded. The responsibility of each person participating in the ‘smart contractual procedure’, i.e. the contractual parties, the blockchain platform and the Artificial Intelligence user/owner (or even the Artificial Intelligence system itself), as well as the AI provider or designer, is examined in each of the afore-mentioned situations separately. Given that legislative initiatives have already begun, the present article aspires to contribute to the consistent address of the newly raised legal issues.

ChatGPT in medical research: challenging time ahead.

Since its launch, ChatGPT, an artificial intelligence-powered language model tool, has generated significant attention in research writing. The use of ChatGPT in medical research can be a double-edged sword. ChatGPT can expedite the research writing process by assisting with hypothesis formulation, literature review, data analysis and manuscript writing. On the other hand, using ChatGPT raises concerns regarding the originality and authenticity of content, the precision and potential bias of the tool's output, and the potential legal issues associated with privacy, confidentiality and plagiarism. The article also calls for adherence to stringent citation guidelines and the development of regulations promoting the responsible application of AI. Despite the revolutionary capabilities of ChatGPT, the article highlights its inability to replicate human thought and the difficulties in maintaining the integrity and reliability of ChatGPT-enabled research, particularly in complex fields such as medicine and law. AI tools can be used as supplementary aids rather than primary sources of analysis in medical research writing.

Manipulation of Smart Contracts From an Islamic Perspective

Smart contracts are contracts that are executed using blockchain technology and operate in a decentralized, pseudonymous manner and recorded digitally based on computer protocols. However, their implementation raises concerns from an Islamic perspective due to potential ethical and legal issues, such as ambiguous contractual terms, lack of transparency, and potential manipulation of the system by malicious parties. These issues can lead to activities that contradict Islamic principles. This qualitative study, which employs the content analysis for collecting data, aims to examine the potential for manipulating smart contracts from an Islamic perspective. Smart contracts are permissible in Islam as long as they fulfill all the fundamentals and requirements of a contract as well as do not contain elements that may contradict an Islamic contract, including uncertainty of the contracting parties, as well as manipulation of the autonomous system, contract’s subject matter, and the contract’s objectives. This paper found that smart contract transactions contain several elements that are inconsistent with Islamic contract principles, including elements of uncertainty on the part of the contracting parties, as well as manipulation of the autonomous system, and the contract’s subject matter and objectives. Therefore, the controller of smart contracts needs to design an approach that is Shariah-compliant to prevent conflicts and enable its widespread use, especially by Muslims.

Web scraping with excel

Web scraping is a process that is particularly important in fields such as Business Intelligence in the modern age. Web scrapping is a technology that allow us to extract structured data from text such as HTML. Web scrapping is extremely useful in situations where doesisn’t provided in readable format such as JSON or XML. The use of web scrapping to gather data allows us to gather prices in near real time from retail store sites and provide further details, web scrapping can also be used to gather intelligence of illicit businesses such as drug marketplaces in the darknet to provide law enforcement and researchers valuable data such as drug prices and varieties that would be unavailable with conventional methods. It has been found that using a web scraping program would yield data that is far more thorough, accurate, and consistent than manual entry Web scraping with Excel is the process of automatically extracting data from websites and importing it into Excel for analysis and reporting purposes. Excel's built-in web scraping tool, Power Query, allows users to connect to a website, select the data they want to extract, and transform the data into a usable format. However, it's important to be aware of the potential legal and ethical issues surrounding web scraping, and to use discretion when extracting data from websites KEYWORDS Scraping, Excel, Data, structure.

Religious Freedom and Mediation

In recent years, Indonesia has experienced a decline in religious freedom. An increasingly popular strategy in dealing with this issue is mediation, which is perceived to be less costly, less divisive, and more lasting. While mediation has opened up new opportunities for strengthening religious freedom, it also has its own challenges. This article evaluates three initiatives in this direction. The first is the efforts of the local government to mediate disputes about houses of worship as evident in the recent case of the Yasmin Christian Church in Bogor City (West Java). Although the two conflicting parties finally agreed to relocate the church, both its process and end result leave behind potential legal issues that could emerge in the future. The second is the use of mediation by the Indonesia National Commission of Human Rights to resolve religious conflicts. While the Commission is relatively successful in pushing the local government to mediate the conflicts, the solutions it has achieved are not necessarily effective. The third is attempts at the institutionalization of interfaith mediation through the Interreligious Harmony Forum. Although the central government has supported these attempts, some structural problems continue to limit its progress.

Tinjauan Hukum Praktik Komersialisasi Lagu dan/atau Musik Melalui Non-Fungible Token (NFT) Oleh Para Musisi di Indonesia

This study analyzes the potential benefits and legal issues that arise, especially in the field of intellectual property due to the practice of commercializing songs and/or music through NFTs by musicians in Indonesia. Through descriptive analytical research using a normative juridical approach, the results of this study indicate that there are various potential benefits that can be obtained by musicians and the public as NFT buyers if works in the form of songs and/or music are commercialized through NFT. However, aside from that, there are also potential problems, such as the current absence of regulations in Indonesia that specifically regulate NFTs, which causes legal uncertainty. Indonesia needs to issue regulations that specifically regulate the legality of NFTs through a multidisciplinary approach, especially from the technological and legal aspects.

Treating addiction with deep brain stimulation: Ethical and legal considerations.

The use of neuromodulation in the treatment of psychiatric conditions is controversial despite its lengthy history. This particularly applies to the use of invasive neuromodulation, such as deep brain stimulation (DBS), to treat substance use disorder (SUD) due to the considerable risks of the procedures. However, given the advances in DBS research and the shortcomings of current treatment modalities for addiction, off-label use and clinical trials are being implemented for the management of treatment-refractory patients. Here we conduct an ethical and legal analysis of DBS for SUD, referencing the four foundational principles of medical ethics and key legal concepts. There are major concerns related to the capacity of a SUD patient to provide informed consent, as well as the risks and benefits of DBS compared to traditional treatment methods. In addition to ethical concerns, we explore potential legal issues that may arise from DBS in the treatment of addiction. These include the potential mandate of these procedures in the context of the criminalization of substance use, and the issue of familial consent in the decision-making process. Given the paucity of relevant clinical guidelines or legal cases, general medico-legal principles serve as the reference in making decisions about the responsible use of DBS as a treatment for addiction. Given the rapidly increasing evidence for DBS as a treatment for SUD, it is an urgent imperative to consider the relevant key ethical and legal issues. Incorporating IDEAL (Idea, Development, Exploration, Assessment, Long-term follow-up) framework into future research in DBS is recommended to evaluate patient safety and ethical perspectives. With the broad criminalization of SUD across the globe, legal coercion of DBS is not impossible, especially if proven to be effective to treat SUD. It is advised for stakeholders to urgently consider incorporating DBS-related drug policies so that the potential benefits of DBS within the rights of people with SUD are not hindered by the lack of clinical guidance and legislations.

Facial kinship verification and searching for genetic origins in gamete/embryo donor conception—an overview of potential legal and ethical issues

Abstract The aim of Facial Kinship Verification (FKV) technologies is to determine, by comparing images of their faces, whether two people are related genetically. FKV is developing rapidly, and it could be used to search for genetic relatives in a variety of ways and settings, such as searching for missing children or unknown parents. In this article, we focus on one area where this technology might have significant implications, the searching for gamete (egg and sperm) and embryo donor(s) by donor-conceived people. In many jurisdictions, donor-conceived people do not have access to information about their donor’s identity, and laws differ significantly in this area. We offer an initial overview of the legal and related ethical issues raised by FKV in this context, and touch on other areas where it might be used to find genetic relatives, as a starting point for further analysis and research.

Displaying Software Installation Agreements to Motivate Users’ Reading

The purpose of this study is to identify an effective display mode that best motivates software users to read the software installation agreements before downloading, thereby enhancing their understanding of intellectual property rights and preventing potential legal issues. This study randomly assigned the participants to enter either an eye-tracking or a computer-based experiment in which one of three display modes was presented. A computer-based pre-test and post-test related to intellectual property rights were given to the participants. The final results showed that the “keyword mode” was the most effective in keeping their attention on the key content. The results of a survey about software installation experiences and attitudes toward reading software installation agreements and the follow-up interviews confirmed the experimental findings. The study’s contribution lies in revealing to software providers the most effective reading mode that best enhances the software users’ understanding of the moral and legal concepts.