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Technological law
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Publisher: Editura Universitară
Author: Carmen Silvia Paraschiv
Edition: I
Pages: 210
Publisher year: 2026
ISBN: 978-606-28-2209-5
DOI: https://doi.org/10.5682/9786062822095
Product Code:
9786062822095
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The work Technological Law is born from the conviction that law is currently at a historical inflection point. Technology is no longer just an external context of legal normativity, but has become a constitutive factor of the contemporary social, economic and political order. Algorithms, data, digital platforms, artificial intelligence and neuro-technologies shape behaviours, influence decisions and redistribute power in a manner that goes beyond the traditional conceptual frameworks of law.
This book starts from the premise that law cannot remain a simple reactive instrument, called upon to correct ex post the effects of technological innovation. On the contrary, law is called upon to become an anticipatory normative architecture, capable of integrating technology within the limits of the rule of law, human dignity and fundamental rights (Lessig, 1999; Brownsword, 2019). In this sense, technological law is not conceived as a marginal or auxiliary branch, but as a transversal field, which crosses and reconfigures constitutional, civil, criminal, administrative and international law.
The motivation for the development of this volume is twofold. On the one hand, it is theoretical: current legal literature still suffers from a conceptual fragmentation in the approach to technological phenomena, often treated sectorally (digital law, data law, artificial intelligence law) without an integrative vision. On the other hand, the motivation is practical: legislators, judges, practitioners and public decision-makers are confronted with technologies that question fundamental notions such as responsibility, imputability, autonomy and legal control (Hildebrandt, 2015; Floridi, 2014).
The volume represents a coherent framework for understanding the relationship between law and technology, avoiding both uncritical technological enthusiasm and catastrophic discourse. Technology is analyzed as an ambivalent phenomenon: a generator of progress, but also of systemic risks, capable of consolidating freedoms, but also of establishing subtle forms of control and surveillance (Zuboff, 2019).
The book is addressed to both the academic community – students, researchers and teachers – as well as to legal practitioners, public decision-makers and all those interested in the normative future of the digital society. Without claiming to be exhaustive, the work assumes the role of opening an interdisciplinary dialogue between law, technology and political philosophy, offering conceptual benchmarks, critical analyses and prospective directions.
In an era in which code tends to compete with law, and algorithms become the new mediators of social order, Technological Law proposes a reflection on the role of law as a guarantor of the human in a world governed by technical systems.
This book starts from the premise that law cannot remain a simple reactive instrument, called upon to correct ex post the effects of technological innovation. On the contrary, law is called upon to become an anticipatory normative architecture, capable of integrating technology within the limits of the rule of law, human dignity and fundamental rights (Lessig, 1999; Brownsword, 2019). In this sense, technological law is not conceived as a marginal or auxiliary branch, but as a transversal field, which crosses and reconfigures constitutional, civil, criminal, administrative and international law.
The motivation for the development of this volume is twofold. On the one hand, it is theoretical: current legal literature still suffers from a conceptual fragmentation in the approach to technological phenomena, often treated sectorally (digital law, data law, artificial intelligence law) without an integrative vision. On the other hand, the motivation is practical: legislators, judges, practitioners and public decision-makers are confronted with technologies that question fundamental notions such as responsibility, imputability, autonomy and legal control (Hildebrandt, 2015; Floridi, 2014).
The volume represents a coherent framework for understanding the relationship between law and technology, avoiding both uncritical technological enthusiasm and catastrophic discourse. Technology is analyzed as an ambivalent phenomenon: a generator of progress, but also of systemic risks, capable of consolidating freedoms, but also of establishing subtle forms of control and surveillance (Zuboff, 2019).
The book is addressed to both the academic community – students, researchers and teachers – as well as to legal practitioners, public decision-makers and all those interested in the normative future of the digital society. Without claiming to be exhaustive, the work assumes the role of opening an interdisciplinary dialogue between law, technology and political philosophy, offering conceptual benchmarks, critical analyses and prospective directions.
In an era in which code tends to compete with law, and algorithms become the new mediators of social order, Technological Law proposes a reflection on the role of law as a guarantor of the human in a world governed by technical systems.
The author
PREFACE/9
GENERAL INTRODUCTION/11
1. Justification of the topic/11
2. Research methodology/12
3. Objectives of the work/12
4. Conceptual boundaries/12
5. Structure of the volume/24
PART I
CONCEPTUAL AND HISTORICAL FOUNDATIONS OF TECHNOLOGICAL LAW/26
Chapter 1. Technology as a legal problem/26
1.1. Technology as a form of normative power/26
1.2. From industrial law to technological law/28
1.3. Technological neutrality: myth or reality/30
1.4. Technology and the transformation of legal relations/32
1.5. Law as a limit to technological innovation/34
1.6. Conclusions/36
Chapter 2. The emergence of technological law/38
2.1. Technological revolutions and the legal response/38
2.2. Digitalization and the crisis of classical norms/40
2.3. Technological law as a cross-cutting field/42
2.4. Domestic and international sources of technological law/44
2.5. Technological law vs. classical branches of law/46
2.6. Conclusions/48
PART II
PRINCIPLES AND NORMATIVE ARCHITECTURE OF TECHNOLOGY LAW/50
Chapter 3. Fundamental principles/50
3.1. Human dignity and the primacy of fundamental rights/50
3.2. Responsibility, accountability and legal control/52
3.3. Transparency, explainability and auditability/53
3.4. Proportionality and necessity/55
3.5. Technological precaution/56
3.6. Conclusions/58
Chapter 4. Technological governance/60
4.1. Ex ante vs. ex post regulation/60
4.2. Soft law, hard law and technical standards/61
4.3. The role of the state, the market and private actors/63
4.4. Digital sovereignty/64
4.5. Digital constitutionalism/65
4.6. Conclusions/67
PART III
DATA LAW, ALGORITHMS AND ARTIFICIAL INTELLIGENCE/69
Chapter 5. Data Law/69
5.1. Data as a Legal Extension of the Person/69
5.2. Personal Data Protection (GDPR)/70
5.3. Governance and the Data Economy/71
5.4. Fundamental Digital Rights/73
5.5. Conflicts between Innovation and Privacy/74
5.6. Conclusions/75
Chapter 6. Artificial Intelligence Law/77
6.1. Legal Definition of AI/77
6.2. Risk Classification (AI Act)/80
6.3. Automated Decision-Making and Legal Liability/83
6.4. Algorithmic Bias and Discrimination/84
6.5. Right to Explanation and Algorithmic Transparency/85
6.6. Conclusions/86
PART IV
CYBER SECURITY AND TECHNOLOGICAL CRIMINAL LAW/88
Chapter 7. Cyber Law/88
7.1. Cybercrime/88
7.2. Network and Information Systems Security (NIS2)/89
7.3. Critical Digital Infrastructures/90
7.4. Cyberattacks and Liability/91
7.5. International Judicial Cooperation/92
7.6. Conclusions/93
Chapter 8. Technological Criminal Law and Criminal Procedure/96
8.1. Digital Evidence/96
8.2. Technological Surveillance/98
8.3. AI in Criminal Prosecution/100
8.4. Predictive Policing/103
8.5. Procedural Safeguards in the Algorithmic Era/105
8.6. Conclusions/107
PART V
DIGITAL PLATFORMS, TECHNOLOGICAL ECONOMY AND INTELLECTUAL PROPERTY/109
Chapter 9. Digital Platform Law/109
9.1. Platforms as Regulatory Actors/109
9.2. Digital Services Act (DSA)/111
9.3. Digital Markets Act (DMA)/113
9.4. Freedom of Expression and Content Moderation/115
9.5. Liability of Intermediaries/117
9.6. Conclusions/119
Chapter 10. Intellectual Property in the Technological Age/121
10.1. Software and Algorithms/121
10.2. Copyright and Generative AI/123
10.3. Patentability of Emerging Technologies/125
10.4. Data, Databases and Know-How/127
10.5. Conflicts between protection and open access/129
10.6. Conclusions/131
PART VI
NEUROTECHNOLOGY, AUGMENTATION AND THE FRONTIERS OF LAW/133
Chapter 11. Neurotechnological law/133
11.1. Brain–computer interfaces/133
11.2. Neurodata and mental privacy/135
11.3. Cognitive rights and mental freedom/137
11.4. Neurosecurity/139
11.5. Responsibility for neuroaugmented decisions/141
11.6. Conclusions/143
Chapter 12. Sensory and cognitive augmentation/145
12.1. Sensory substitution and addition/145
12.2. Identity, autonomy and agency/147
12.3. Augmented consciousness/149
12.4. Ethical and legal risks/151
12.5. Legal limits of human augmentation/153
12.6. Conclusions/155
PART VII
PHILOSOPHICAL, ETHICAL PERSPECTIVES AND THE FUTURE OF TECHNOLOGICAL LAW/157
Chapter 13. Technology, Power and Social Control/157
13.1. Digital Surveillance/157
13.2. Surveillance Capitalism/159
13.3. Algorithms as Invisible Rulers/161
13.4. Technocracy and the Rule of Law/163
13.5. Legal Resistance and Digital Rights/166
13.6. Conclusions/168
Chapter 14. The Future of Technological Law/170
14.1. Law in the Age of AGI/170
14.2. Law as Adaptive Architecture/172
14.3. Anticipatory Regulation/174
14.4. Legal Education for the Technological Age/177
14.5. Prospective conclusions/179
14.6. Conclusions/181
Chapter 15. General conclusions/183
15.1. Theoretical synthesis/183
15.2. Original contributions/185
15.3. Limits and future research directions/187
15.4. Conclusions/189
APPENDIXES/191
Case studies/191
Comparative legislative analyses/198
Conceptual schemes/200
BIBLIOGRAPHY/202
GENERAL INTRODUCTION/11
1. Justification of the topic/11
2. Research methodology/12
3. Objectives of the work/12
4. Conceptual boundaries/12
5. Structure of the volume/24
PART I
CONCEPTUAL AND HISTORICAL FOUNDATIONS OF TECHNOLOGICAL LAW/26
Chapter 1. Technology as a legal problem/26
1.1. Technology as a form of normative power/26
1.2. From industrial law to technological law/28
1.3. Technological neutrality: myth or reality/30
1.4. Technology and the transformation of legal relations/32
1.5. Law as a limit to technological innovation/34
1.6. Conclusions/36
Chapter 2. The emergence of technological law/38
2.1. Technological revolutions and the legal response/38
2.2. Digitalization and the crisis of classical norms/40
2.3. Technological law as a cross-cutting field/42
2.4. Domestic and international sources of technological law/44
2.5. Technological law vs. classical branches of law/46
2.6. Conclusions/48
PART II
PRINCIPLES AND NORMATIVE ARCHITECTURE OF TECHNOLOGY LAW/50
Chapter 3. Fundamental principles/50
3.1. Human dignity and the primacy of fundamental rights/50
3.2. Responsibility, accountability and legal control/52
3.3. Transparency, explainability and auditability/53
3.4. Proportionality and necessity/55
3.5. Technological precaution/56
3.6. Conclusions/58
Chapter 4. Technological governance/60
4.1. Ex ante vs. ex post regulation/60
4.2. Soft law, hard law and technical standards/61
4.3. The role of the state, the market and private actors/63
4.4. Digital sovereignty/64
4.5. Digital constitutionalism/65
4.6. Conclusions/67
PART III
DATA LAW, ALGORITHMS AND ARTIFICIAL INTELLIGENCE/69
Chapter 5. Data Law/69
5.1. Data as a Legal Extension of the Person/69
5.2. Personal Data Protection (GDPR)/70
5.3. Governance and the Data Economy/71
5.4. Fundamental Digital Rights/73
5.5. Conflicts between Innovation and Privacy/74
5.6. Conclusions/75
Chapter 6. Artificial Intelligence Law/77
6.1. Legal Definition of AI/77
6.2. Risk Classification (AI Act)/80
6.3. Automated Decision-Making and Legal Liability/83
6.4. Algorithmic Bias and Discrimination/84
6.5. Right to Explanation and Algorithmic Transparency/85
6.6. Conclusions/86
PART IV
CYBER SECURITY AND TECHNOLOGICAL CRIMINAL LAW/88
Chapter 7. Cyber Law/88
7.1. Cybercrime/88
7.2. Network and Information Systems Security (NIS2)/89
7.3. Critical Digital Infrastructures/90
7.4. Cyberattacks and Liability/91
7.5. International Judicial Cooperation/92
7.6. Conclusions/93
Chapter 8. Technological Criminal Law and Criminal Procedure/96
8.1. Digital Evidence/96
8.2. Technological Surveillance/98
8.3. AI in Criminal Prosecution/100
8.4. Predictive Policing/103
8.5. Procedural Safeguards in the Algorithmic Era/105
8.6. Conclusions/107
PART V
DIGITAL PLATFORMS, TECHNOLOGICAL ECONOMY AND INTELLECTUAL PROPERTY/109
Chapter 9. Digital Platform Law/109
9.1. Platforms as Regulatory Actors/109
9.2. Digital Services Act (DSA)/111
9.3. Digital Markets Act (DMA)/113
9.4. Freedom of Expression and Content Moderation/115
9.5. Liability of Intermediaries/117
9.6. Conclusions/119
Chapter 10. Intellectual Property in the Technological Age/121
10.1. Software and Algorithms/121
10.2. Copyright and Generative AI/123
10.3. Patentability of Emerging Technologies/125
10.4. Data, Databases and Know-How/127
10.5. Conflicts between protection and open access/129
10.6. Conclusions/131
PART VI
NEUROTECHNOLOGY, AUGMENTATION AND THE FRONTIERS OF LAW/133
Chapter 11. Neurotechnological law/133
11.1. Brain–computer interfaces/133
11.2. Neurodata and mental privacy/135
11.3. Cognitive rights and mental freedom/137
11.4. Neurosecurity/139
11.5. Responsibility for neuroaugmented decisions/141
11.6. Conclusions/143
Chapter 12. Sensory and cognitive augmentation/145
12.1. Sensory substitution and addition/145
12.2. Identity, autonomy and agency/147
12.3. Augmented consciousness/149
12.4. Ethical and legal risks/151
12.5. Legal limits of human augmentation/153
12.6. Conclusions/155
PART VII
PHILOSOPHICAL, ETHICAL PERSPECTIVES AND THE FUTURE OF TECHNOLOGICAL LAW/157
Chapter 13. Technology, Power and Social Control/157
13.1. Digital Surveillance/157
13.2. Surveillance Capitalism/159
13.3. Algorithms as Invisible Rulers/161
13.4. Technocracy and the Rule of Law/163
13.5. Legal Resistance and Digital Rights/166
13.6. Conclusions/168
Chapter 14. The Future of Technological Law/170
14.1. Law in the Age of AGI/170
14.2. Law as Adaptive Architecture/172
14.3. Anticipatory Regulation/174
14.4. Legal Education for the Technological Age/177
14.5. Prospective conclusions/179
14.6. Conclusions/181
Chapter 15. General conclusions/183
15.1. Theoretical synthesis/183
15.2. Original contributions/185
15.3. Limits and future research directions/187
15.4. Conclusions/189
APPENDIXES/191
Case studies/191
Comparative legislative analyses/198
Conceptual schemes/200
BIBLIOGRAPHY/202
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