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1 LEFIS – Legal Framework for the Information Society Work Group 1, Undergraduate Studies --- Oslo Meeting, May 19-20, 2006 --- Opening Address Cesare.

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Presentation on theme: "1 LEFIS – Legal Framework for the Information Society Work Group 1, Undergraduate Studies --- Oslo Meeting, May 19-20, 2006 --- Opening Address Cesare."— Presentation transcript:

1 1 LEFIS – Legal Framework for the Information Society Work Group 1, Undergraduate Studies --- Oslo Meeting, May 19-20, 2006 --- Opening Address Cesare Maioli CIRSFID and University of Bologna cesare.maioli@unibo.it Oslo, May 19, 2006

2 2 Information society and information technologies Information – gathering of data - is the raw material of the new technologies The effects of ICTs are pervasive. Acting upon information, the ICTs affect every facet of the social and individual life The ICTs enable and support interconnection. They allow the connection among organizational and technological systems and their components ICTs are flexible. They allow the continuous re-organization of systems and their connections through the ways information are created, processed, used, distributed, thus redefining the work flows and the social interactions ICTs tend to the convergence. The tools and ways to process information tend to a unification into integrated systems (Manuel Castells)

3 3 Industrial society and Information society Industrial society: –introduction of new fields e.g Labour Law, Industrial Law, Environment Law; strong modifications to Commercial Law; influences to Penal Law, Administrative Law. –It caused small modifications to the work of the law professionals (a knowledge and information processor): the supports are still paper and pen –the birth of IT law when computers were introduced Information society: –introduction of new sectors e.g Data Protection, Electronic Documents; strong modifications to Industrial Law; influences to Civil Law, Administrative Law, Private Law. –It caused big modifications to the work of the law professionals (still a knowledge and information processor): the supports are digital devices –the birth of legal informatics

4 4 Law and Computers (Giovanni Sartor) IT law Legal informatics

5 5 IT law and legal informatics as a separate field in the study of Law IT law and Legal informatics deal with the common ground of legal issues where ICTs are concerned, allowing each traditional field of legal studies to have a view and interpretation on them the consideration that each field has a prerequisite in the knowledge of ICTs, brings to the consideration that IT law and legal informatics are not ancillary topics but a unifying element of characterization of an autonomous field of legal studies ICTs are not limited to specific functions nor to limited social environments: they shape the social framework where individuals and enterprises act. In the Information society, data represent the events produced by every social actor: their management is the management of the event

6 6 ORGANIZATIONS TECHNOLOGY MANAGEMENT INFORMATION SYSTEMS SYSTEMS (Laudon, Management Information Systems 8/e. Prentice Hall, 2004) Dimensions of the information systems

7 Environment Market Products People Finance Infrastructures Rules Delegations Plans Data Resources DataData RulesRules DelegationsDelegations PlansPlans Processes tasks EventsEvents Dynamic vision of an enterprise: resources – processes model (Ricciardi – Maioli)

8 8 IT feasibilities and legal must-be (Giovanni Sartor) Risks de jure condito de jure condendo Opportunities social reality Technogically feasible

9 9 IT feasibilities and applications of IT law (Giovanni Sartor) Risks Utilization of existing technologies Design of new technologies Opportunities current practice Technogically feasible

10 10 Studies in legal informatics and IT law: objectives To provide the market with law operators able to integrate legal knowledge with ICT capabilities and insight to manage the penetration of ICT in any sector of law studies and practices, e.g.: software houses law firms public administration law enforcement agencies To give the student an interdisciplinary preparation in IT law and legal informatics To give the students an international vision and foreign languages skills

11 11 The computing disciplines (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

12 12 The problem space of computing (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

13 13 The disciplines: computer engineering, computer science, software engineering Computer engineering is concerned with the design and construction of computers, and computer based systems. It involves the study of hardware, software, communications, and the interaction among them. Its curriculum focuses on the theories, principles, and practices of relevant areas of traditional electrical engineering and mathematics, and applies them to the problems of designing computers and the many kinds of computer- based devices. Computer science spans a wide range, from its theoretical and algorithmic foundations to cutting-edge developments in robotics, computer vision, intelligent systems, bioinformatics, and other exciting areas. We can think of the work of computer scientists as falling into three categories: design and implementation of software; the development new approaches; the ideation of new ways to use computers. Software engineering is the discipline of developing and maintaining software systems that behave reliably and efficiently, are affordable to develop and maintain. (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

14 14 Computer engineering (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

15 15 Computer science (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

16 16 Software engineering (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

17 17 The disciplines: information systems, information technology Information systems specialists focus on integrating information technology solutions and business processes to meet the information needs of businesses and other enterprises, enabling them to achieve their objectives in an effective and efficient way. This discipline’s perspective on “Information Technology” emphasizes information, and sees technology as an instrument to enable the generation, processing and distribution of needed information. Professionals in this discipline must understand both technical and organizational factors, and must be able to help an organization determine how information and technology-enabled business processes can provide a competitive advantage. Information Technology is the complement of that perspective: its emphasis is on the technology itself more than on the information it conveys. IT is a new and rapidly growing discipline which started as a grass roots response to the practical, everyday needs of business and other organizations. Those systems must work properly, be secure, and be upgraded, maintained, and replaced as appropriate. (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

18 18 Information systems (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

19 19 Information technology (ACM, IEEE, AIS, Computing Curricula 2004, 11-2004)

20 20 Two Italian initiatives to support the teaching of legal informatics and IT law ANDIG – Associazione Nazionale Docenti di Informatica Giuridica –Established in 1988 –Members are lecturers in private institutions, university teachers, practitioners, private researchers, lawyers, members of the judiciary system SIIG – Società Italiana di Informatica Giuridica –Established in 2006 –Members are university teachers and researchers

21 21 Vision e Conclusions - I Computers are communication tools (Alan Kay)...The lack of concern for the practical consequences of the judicial activities gives rise to a strong undervaluation of the organizational aspects... The management of law is a complex activity that needs a constant organizational effort... It also requires specialist knowledge either in ICTs, or in the organizational field... (Carlo Guarnieri, La giustizia in Italia, il Mulino, 2001)

22 22 Visions e Conclusions - II Only a deep insight into several topics ICTs makes every kind of operations in the information society clear and understandable, in particular in the field of law Only starting from the knowledge of ICTs one can understand the opportunities and the risks of the activities in the Information society Therefore not only what is but also what can be in the Information society depends on ICTs Moreover ICTs contribute to determining the framework of law in our society, the way society must behave, i.e. what must be


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