الحماية القانونية من استخدام الذكاء الاصطناعي في التوقيعات الالكترونية والذكية (دراسة تحليلية للتشريع الإماراتي مقارنة بأحكام الشريعة الإسلامية)
The study aims to clarify the concept of electronic and smart signature, the degrees of reliability adopted by the UAE legislator, the statement of mechanisms for protecting electronic signatures from the uses of artificial intelligence in smart contracts, and the need for independent criminal le...
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| Summary: | The study aims to clarify the concept of electronic and smart signature, the degrees of
reliability adopted by the UAE legislator, the statement of mechanisms for protecting
electronic signatures from the uses of artificial intelligence in smart contracts, and the
need for independent criminal legislation that protects society from the illegal use of
artificial intelligence in the field of electronic signatures and smart contracts. The use
of artificial intelligence in the field of commercial contracts has led to the emergence
of so-called smart contracts, contracts concluded using technology (Blockchain). As
this contract presents a new challenge to traditional contract systems. The problem of
the study is that the legislative system in the United Arab Emirates does not include any
law so far related to artificial intelligence crimes, in which smart signature can be used
by artificial intelligence entities, causing harm to others, and therefore the current
legislation does not seem sufficient to face this problem, especially since the UAE
legislator has issued new legislation (Decree-Law No. 46 of 2021 regarding electronic
transactions and trust services) regulating electronic commercial transactions last year.
It was introduced earlier this year. The study relies on the descriptive analytical
approach and the comparative approach, by describing the phenomena, events or
objects targeted in order to collect all facts and information about them, analyze the
relevant legal materials, and estimate the situation that they are in as they are in reality,
and the comparative approach is those steps followed by the researcher in comparing
the phenomena under research and study, by continuously examining the similarities
and differences in them, and extracting the relationships between the variables in order
to interpret them by comparing the texts of the various UAE legislations that dealt with
the protection of Electronic signature, the provisions of Islamic Sharia, conventions and
documents related to the subject of electronic signature protection in electronic
commercial transactions, and the difference and similarity between them in the context
of technical development and communication progress in various fields, which casts a
shadow on the security of electronic dealing. One of the most prominent results of the
study is that the UAE legislator has introduced modern legislation on electronic
signature, Decree-Law No. 46 of 2021 regarding electronic transactions and trust
services, but this law regulates traditional signature and electronic signature and does
not include any article for signature through artificial intelligence entities. The study
recommended the need for the UAE legislator to introduce criminal legislation to
criminalize the assault on smart electronic signature through artificial intelligence
entities, given the important role of this law in protecting rights. |
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