Structuring Modern Life Running on Software. Recognizing (Some) Computer Programs as New 'Digital Persons'

13 Pages Posted: 3 Aug 2021 Last revised: 9 Dec 2021

See all articles by Vagelis Papakonstantinou

Vagelis Papakonstantinou

Faculty of Law and Criminology, Vrije Universiteit Brussel

Paul De Hert

Free University of Brussels (VUB)- LSTS; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: August 1, 2018

Abstract

Saudi Arabia grants nationality to an AI robot; the first “clash of robots” took place in Japan; and, Bill Gates suggests that robots start paying taxes. We believe that these developments justify new legal fiction interventions. Software has long now exceeded the intellectual property boundaries. It is no longer merely property; it has assumed life of its own. It does not matter that such life is imaginary today. Legal persons were brought to life through legal fiction intervention that was based on much less motivation – merely the human incentive for profit. Software is certainly connected today with profit, given that the world's most valued corporations are software companies. However, it has moved much further than that, to assume in many ways artificial life of its own. We think that it is time that the dichotomy between natural and legal persons, that has served humanity so well over the past centuries, now be trisected: A new, digital person, ought to be added to it

Keywords: Data, Protection

Suggested Citation

Papakonstantinou, Vagelis and De Hert, Paul, Structuring Modern Life Running on Software. Recognizing (Some) Computer Programs as New 'Digital Persons' (August 1, 2018). Available at SSRN: https://ssrn.com/abstract=3447057 or http://dx.doi.org/10.2139/ssrn.3447057

Vagelis Papakonstantinou (Contact Author)

Faculty of Law and Criminology, Vrije Universiteit Brussel ( email )

Pleinlaan 2
Brussels, 1050
Belgium

HOME PAGE: http://vpapakonstantinou.com

Paul De Hert

Free University of Brussels (VUB)- LSTS ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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