The field of computational law has increasingly moved into the focus of the scientific community, with recent research analysing its issues and risks. In this article, we seek to draw a structured and comprehensive list of societal issues that the deployment of automatically processable regulation could entail. We do this by systematically exploring attributes of the law that are being challenged through its encoding and by taking stock of what issues current projects in this field raise. This article adds to (...) the current literature not only by providing a needed framework to structure arising issues of computational law but also by bridging the gap between theoretical literature and practical implementation. Key findings of this article are: (1) The primary benefit (efficiency vs. accessibility) sought after when encoding law matters with respect to the issues such an endeavor triggers; (2) Specific characteristics of a project—project type, degree of mediation by computers, and potential for divergence of interests—each impact the overall number of societal issues arising from the implementation of automatically processable regulation. (shrink)

Driven by the increasing availability and deployment of ubiquitous computing technologies across our private and professional lives, implementations of automatically processable regulation (APR) have evolved over the past decade from academic projects to real-world implementations by states and companies. There are now pressing issues that such encoded regulation brings about for citizens and society, and strategies to mitigate these issues are required. However, _comprehensive yet practically operationalizable_ frameworks to navigate the complex interactions and evaluate the risks of projects that implement (...) APR are not available today. In this paper, and based on related work as well as our own experiences, we propose a framework to support the conceptualization, implementation, and application of _responsible_ APR. Our contribution is twofold: we provide a holistic characterization of what responsible APR means; and we provide support to operationalize this in concrete projects, in the form of leading questions, examples, and mitigation strategies. We thereby provide a scientifically backed yet practically applicable way to guide researchers, sponsors, implementers, and regulators toward better outcomes of APR for users and society. (shrink)

An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (the (...) words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)