Traveling AI-essentialism and national AI strategies: A comparison between South Korea and France

In this paper, I investigate what common discourses National AI Strategies (NAISs) share and how they have unfolded differently in diverging national contexts. For this purpose, I compare the South Korean and French cases by relying on the notions of sociotechnical imaginary and future essentialism. I analyze (1) the emergence of the common discourses, which I call AI-essentialism, over the past decade; (2) the development of imaginaries around IT in Korea and France in the twentieth century, namely technological developmentalism and the American challenge, respectively; and (3) the integration of the traveling AI-essentialism and nationally embedded imaginaries of IT into each country's NAISs. The analysis indicates that: (1) AI-essentialism incorporated discursive strategies, enabling political and industrial leaders to naturalize AI development, hence justifying increased investments in the field; (2) two countries' imaginaries of IT diverged due to the successes and failures throughout the second half of the twentieth century; and (3) while two countries' NAISs share AI-essentialism's discursive instruments, their specific measures and unfolding have varied in relation to each case's existing imaginaries of IT.     

总体国家安全观视域下的算法安全与治理

随着算法的不断演化及其在计算、通信、仿真、数据分析、信息管理、信号处理及指挥控制等领域的不断优化,有关算法所引发的一系列安全问题也开始引起人们的关注。算法安全源自于人工智能相关技术在社会生活各个领域的深度嵌入所带来的安全问题,从国家安全视角来看,算法安全具有逻辑操纵的政治性、行为影响的颠覆性、场域渗透的隐蔽性等显著特点,并且会深度影响国家安全的各个维度。具体而言,算法安全对国家安全的挑战表现在深刻改变国家间权力结构对比、导致隐性算法依赖和逆向算法攻击等方面。近年来,随着算法安全风险逐渐显现,加强算法安全治理已经成为国际社会的共识。在结合算法安全的特点和世界各国有关算法安全的应对举措的基础上,我国可以通过提高算法风险意识、培养算法专业人才、完善算法监督体系等方式来进行有关算法安全的秩序重构,以强化人工智能时代的国家安全治理。     

Robots,standards and the law: Rivalries between private standards and public policymaking for robot governance

This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.     

人工智能生成物的智力财产属性辨析

人工智能生成物的客体属性决定了其在现有民事权利体系中能否找到相应位置,进而决定法律规范的制度选择。按照类推解释的基本规则,首先需寻找与人工智能生成物最为接近的民事权利客体类型,其次明确知识产权客体的概念内涵及判定规则,最终确定人工智能生成物的客体属性。知识产权的客体是智力财产,对智力财产的判定应当从其产生过程进行考量,调整的过程论作为甄别智力财产的标准已在实定法和判例中得到确认。从产生过程分析,人工智能生成物在现阶段只是数据算法的结论,其本质是计算与模仿,不是智力劳动,不具有智力财产的属性,无法成为知识产权的客体,应当归属于公有领域,冒名发表等问题可通过法律解释在现有规范体系内加以解决。     

Assessing the relevance of self-reported ADHD symptoms and cognitive functioning for psychopathy using the PCL-R and the TriPM

Psychopathy and ADHD are highly comorbid disorders, possibly linked to the underlying trait of impulsivity. It is therefore likely that ADHD symptoms are also of importance when studying cognitive functioning linked to psychopathy. Few studies of psychopathy and cognitive functioning have taken ADHD symptoms into account. In this cross-sectional study, male offenders (n = 201 of whom 105 were neuropsychologically tested) were recruited from all high security correctional facilities in Sweden. The aim of the study was to investigate if self-reported ADHD symptoms and cognitive functioning could predict specific subcomponents of psychopathy in offenders. Results showed that self-rated ADHD symptoms (ASRS) and psychopathy were highly correlated. Furthermore, the associations of ASRS and PCL-R Facet 3, as well as TriPM Disinhibition, were remarkably high. As expected, ASRS was not related to either Facet 1 or 2 of the PCL-R, or to TriPM Boldness. Cognitive functioning did not contribute in predicting psychopathy beyond the effect of ASRS. The high overlap in reported symptoms highlights the importance of thorough clinical assessments to be able to distinguish psychopathic personality traits from ADHD and lessen the risk of misdiagnosis. Further, it points to the need of finding discriminative measures possibly linked to etiological underpinnings.     

Autonomous weapon system: Law of armed conflict (LOAC) and other legal challenges

The legality of autonomous weapon systems (AWS) under international law is a swiftly growing issue of importance as technology advances and machines acquire the capacity to operate without human control. This paper argues that the existing laws are ineffective and that a different set of laws are needed. This paper examines several issues that are critical for the development and use of AWS in warfare. It argues that a preemptive ban on AWS is irrelevant at this point and urges the appropriate authorities to develop a modern legal framework that is tailored to embrace these state-of-the-art weapons as the Law of Armed Conflict (LOAC) develops. First, this paper explores the myriad of laws designed to govern the potential future development and deployment of artificial intelligence and AWS in the context of International Humanitarian Law or LAOC. Second, the paper argues that it will be challenging for AWS to fulfill the requirements laid out under the International Committee of the Red Cross and LOAC for the rules of humanity, military necessity, distinction, proportionality and precaution, especially as it is related to noncombatants. Third, the paper discusses command responsibility and argues that states should establish accountability for wrongful acts committed by the AWS. Finally, this paper contends that there is an urgent need for a new legal framework to regulate these AWS and presents different solutions for the legal framework of AWS.     

The effect of the presence and seating position of an interpreter on eliciting information and cues to deceit

The present experiment examined how the seating position of an interpreter during investigative interviews affects information elicitation and cues to deceit. A total of 60 native English speakers were interviewed in English and 200 non-native English speakers were interviewed in English (a non-native language) or through an interpreter who either sat next to the interviewer, behind the interviewee or interpreted via the telephone. Interviewees either lied or told the truth about a mock security meeting they watched. Interviewees who spoke in their native language provided more detail than interviewees who spoke in their native language through an interpreter or in a non-native language (English) without an interpreter. The latter groups did not differ. Additionally, the amount of detail differentiated truth tellers from liars in all conditions and interviewees found the presence of an interpreter to be a largely positive experience. The interpreter’s seating position had no effect on the findings.     

论法院诉前证据保全制度——借鉴德国独立证据调查程序的思考

为了发挥法院诉前证据保全所具有的保全证据、确定事实关系、促成裁判外纷争解决以及促进将来诉讼和集中化审理的功能,我国将来《民事诉讼法》的修订应改变传统自提起诉讼始为纷争解决的思想,借鉴德国独立证据调查程序制度,通过完善相应的证据保全类型、适用要件、实施程序以及认可诉前保全过程中与解纷相关事项协议的效力等制度,对我国诉前证据保全制度进行功能性改造,凸显其独立的程序价值。     

公务员情绪智力与工作绩效关系及开发实证研究

根据研究假设,以347份问卷调查结果对公务员情绪智力与其工作绩效的关系进行实证研究。研究结果表明:公务员情绪智力中的自我觉知、自我管理、社会觉知和社交技巧四个维度对任务绩效和关系绩效均有显著正向影响,这四个维度的不同表现水平,将带来公务员工作绩效的差异。据此,为了有效提升公务员情绪智力水平,本文从编制情绪智力词典、开发情绪智力测评体系、个人发展、组织发展等角度提出了对策建议。     

情报工作在反恐维稳中的作用及对策思考

当前,我国处于＂社会矛盾凸显期,刑事案件高发期,对敌斗争复杂期＂,影响国家安全和社会稳定的不确定因素增多。加强情报工作,加大对影响国家安全和社会稳定的各类因素的前瞻性和可控性,既是反恐斗争的需要,也是维护社会稳定工作的要求。情报工作中存在的主要问题有：基层民警情报意识淡薄,情报工作发展不平衡,情报分析研判机制不完善。为此,必须扩充情报来源,建立立体的情报信息网,建立情报信息三级上报制度,建立有效的情报分析研判机制,充分发挥情报工作在反恐维稳中的作用。