Issue 4 / 2019

In the current CRi issue 4 (publication on: 15. August 2019) you find the following articles and case law:



Smuha, Nathalie A., The EU Approach to Ethics Guidelines for Trustworthy Artificial Intelligence, CRi 2019, 97-106

As part of its European strategy for Artificial Intelligence (AI), the European Commission established an independent High-Level Expert Group on Artificial Intelligence (AI HLEG) in June 2018. First, this article clarifies the context that led to the creation of the AI HLEG and its mandate (I.). Subsequently, it elaborates on the Guidelines’ aim and purpose (II.), and analyses the Guidelines’ drafting process (III.). Particular focus is given to the questions surrounding the respective role played by ethics and law in the AI governance landscape (IV.), as well as some of the challenges that had to be overcome throughout the process (V.). Finally, the Guidelines are placed in an international context, and the first steps are set out (VI.) ahead on the journey towards an appropriate governance framework for AI (VII.).

Kaeseberg, Thorsten, The Code-ification of Law and Its Potential Effects, CRi 2019, 107-111

The article reflects on how automated-decision making (ADM) and artificial intelligence (AI) may influence the shape of rules and regulations. While fundamental rights and principles may remain unaltered, their current translation into specific do’s and don’ts via statutory legislation, regulation and standards which is based on traditional economic assumptions may change in the light of a technological increase of low cost flexibility. After a brief introduction (I.), the article touches on the challenges and opportunities ADM and AI pose to existing law (II.), before sketching the overall effects of incorporating ADM and AI into the shape of law (III.).

Berengaut, Alexander A. / Lensdorf, Lars, The CLOUD Act at Home and Abroad, CRi 2019, 111-117

This article provides an overview of the CLOUD Act, discusses how it has been interpreted by the DOJ, analyzes the impact of the Act on European companies, and considers the interaction between the Act and principles of European law, including the GDPR and the e-Evidence initiative.

Case Law

Court of Appeals for the 2nd Circuit v. 9 July 2019 - 18-1691-cv, USA: Unconstitutional Discrimination By Trump’s use of Twitter’s Blocking Function, CRi 2019, 117-120

Court of Appeals for the 3rd Circuit v. 3 July 2019 - No. 18-1041, USA: Amazon’s Liability As “Seller” of Products Offered On Its Marketplace By Third Parties, CRi 2019, 120-124

UK Supreme Court v. 15 May 2019 - [2019] UKSC 22, UK: Judicial Review of Decisions of the Investigatory Powers Tribunal, CRi 2019, 124-127


Lloyd, Ian, UK: The (Voice Assistant) Doctor Will See You Now, CRi 2019, 127-128

Verlag Dr. Otto-Schmidt vom 06.08.2019