Frontiers in Law

Finance, Financial Crime and Regulation: Can Generative AI (Artificial Intelligence) Help Face the Challenges?

C. Singh — Mon, 17 Feb 2025 00:00:00 +0000

Generative artificial intelligence (Gen AI) has helped change the trajectory of Banking (FinTech) and Law (Reg Tech/Law Tech). Technology innovates at an astounding rate. AI and Gen AI can not only simulate human intelligence (human thinking) but also perform tasks independently. It can develop intelligence based on its experiences, process detailed and complex information whilst continually learning and re-learning to be able to undertake complex, technical, and time-consuming tasks in real time. It can identify objects, patterns, people and voices(etc.) and look for problems far earlier – this also means it can come up with solutions quickly which in critical situations is of salient importance. The economic, political, and social benefits cannot be underestimated, but must be balanced against its disruptive and destructive potential. This article explores whether Gen AI can help further revolutionise the finance industry and how it can help with risks, and the various regulatory and operational challenges faced by those firms in the United Kingdom (UK). Data is analysed alongside domestic and international published literature. The article starts by summarising current risks and challenges and then discusses how Gen AI can be embedded as part of an arsenal of tools that financial institutions can use to develop and provide solutions to regulatory and operational challenges as at January 2025.

Examining the Role of Deepfake Technology in Organized Fraud: Legal, Security, and Governance Challenges

Leo S.F. Lin — Wed, 16 Apr 2025 00:00:00 +0000

Deepfake technology has evolved astonishingly by applying artificial intelligence (AI) to inspire ultra-realistic audio and video content. Initially praised for its legitimate use cases in entertainment and education, deepfake technology has increasingly become a tool for organized fraud and other malicious purposes. This paper investigates the role of deepfake technology in enabling identity theft, financial fraud, and unlawful activities. By conducting a qualitative comparative analysis of three cases, this paper analyzes deepfakes' legal, security, and governance aspects, indicating that deepfakes have posed a massive threat at the national and global levels. Also, this research demonstrates how the current regulatory regimes cannot adequately mitigate these emerging threats. The results expose glaring deficiencies in accountability and enforcement, which are made even more glaring by the global character of the internet and the accelerative pace of technological innovation. This research provides implications of deepfake technology in organized fraud and offers policy recommendations to mitigate the threats and prevent misuse of deepfake technology in the future.

Advisory Opinions under Protocol No. 16 to the ECHR. A Theoretical and Empirical Analysis of the Legal Nature of the ‘Questions of Principle’

E. Albanesi — Tue, 22 Jul 2025 00:00:00 +0000

One of the most significant legal arguments against the ratification of Protocol No. 16 to the European Convention on Human Rights (ECHR) is that advisory opinions issued by the European Court of Human Rights (ECtHR) would pose a threat to national sovereignty and judicial discretion. Several counterarguments have already been examined by scholars. The counterargument that will be demonstrated here is that advisory opinions cannot pose a threat to national sovereignty or judicial discretion because they are issued on ‘questions of principle’. In other words, this means that the requesting domestic highest courts or tribunals keep sufficient margin of discretion, when it comes to the concrete case brought before them. Such hypothesis will be demonstrated from a theoretical perspective, reflecting upon the legal concept of ‘principle’; and through an empirical analysis of the advisory opinions issued so far by the ECtHR. Demonstrating the hypothesis would be relevant in order to allow the States to understand that the ratification of Protocol No. 16 would not pose any threat to the discretion of domestic Courts, neither in theory nor in practice.

Historical Policy of Local Communities: Formal-Legal and Informal Foundations

Mikhail Yurievich Martynov — Tue, 22 Jul 2025 00:00:00 +0000

The article examines the historical policy of institutionalized and non-institutionalized actors as tools for the formation of national identity and interethnic tolerance. Local communities, whose commemorative practices are family memory, as well as discourses on social networks, are considered as non-institutionalized factors. The research area is Khanty-Mansiysk Autonomous Area - Yugra. The methods used are content analysis of regulatory documents, as well as in-depth interviewing.

Institutionalized and non-institutionalized means of historical policy are considered. It is concluded that historical policy implemented by local communities in the sphere of formation of interethnic tolerance has normative and legal support and is systematic.

The differences between the narratives of historical policy at the local level and the official state discourse are noted. Informal practices of forming collective ideas about the past are not only trusted at the cognitive level, but also have a much deeper impact on the emotional sphere of people, appealing to images of family or local history. And this often turns out to be a factor that has a deeper impact on the formation of collective ideas about the past.

As a result, in some cases the narratives of state historical policy are simply ignored by collective memory, while in others they can acquire a significantly different semantic content. Even in cases where collective ideas about the past seem to coincide with the official narrative, the concepts they operate with can have a significantly different semantic content compared to the indoctrinal position. As a result of this kind of aberration of historical memory, the connotations of historical events acquire completely different meanings in people's memory compared to the official discourse.

US Vicarious Liability of Parents for Copyright Infringement by Minors: Review and Reform

Hamed Najafi — Tue, 22 Jul 2025 00:00:00 +0000

Vicarious liability is one of the types of responsibilities arising from the acts of others. In US law, there are general rules that, if the persons under the control, commit copyright infringement and a financial benefit reach to the person with the right of control, the latter will have a vicarious liability. Undoubtedly, minors are one of the most obvious examples of people under control, which is often done by their parents. Moreover, in the current era, it is very likely that many infringements are committed by minors, especially in the Internet environment. Therefore, parents are generally subject to vicarious copyright liability arising from the infringing acts minors. the probability of vicarious liability of Parents for chides copyright infringement, has been given under general rule of this type of liability, while the nature of the relationship between parents and children and the basis of parents' responsibility for the fault of their children, Requires some differences in this regard.

Quest for Philosophical Groundings of Affirmative Action Policy

Sooraj Kumar Maurya — Thu, 24 Jul 2025 00:00:00 +0000

From its inception to the present, affirmative action has been a never-ending issue. Despite being endlessly debated since its inception, an unmistakable agreement on whether or not a nation's government can implement affirmative action policy appears to have gone unnoticed thus far. Affirmative action is a public policy that seeks to compensate victims of past injustice at the expense of others' possession. This is why it is viewed negatively in terms of equality and possessive individualism. At best, a few fashionable philosophers, such as John Kekes and Carl Cohen, do not believe in affirmative action policy because it, explicitly or implicitly, discounts the equality opportunity principle. In contrast to the position, some thinkers, such as John Rawls, believe that affirmative action policies for the disadvantaged and under-represented should be implemented. The purpose of this paper is to provide a philosophical understanding of affirmative action policy by constructing affirmative action policy's positive (favouring) and negative (disfavoring) arguments. The author's position on this issue will be advanced at the end of the paper.