Journal of Intellectual Property and Information Technology Law (JIPIT)

Editorial

Collins Okoh — 2023-11-28

Foreword

Melissa Omino — 2023-11-28

Law Without Lawyers: Examining the Limitations of Consumer-Centric Legal Tech Services

Shila Nhemi — 2023-11-28

The legal field is undergoing a disruptive change with the emergence of technology- based legal services aimed directly at serving the consumer, bypassing the need for a human lawyer. Specialized legal technologies powered by Artificial Intelligence (AI) or enabled by blockchain are leading to what is being referred to as new law, new ways of interpreting, implementing, and enforcing the law. Raymond Brescia has termed this transformative period in legal history as the third wave of lawyering. This wave is characterized by a new world of law without lawyers, comparable to the banking revolution, where mobile apps and online banking platforms replaced traditional tellers. There is an emergence of a legal ecosystem where conventional legal practices coexist alongside technology-driven legal services. These legal techs hold the promise of enhancing legal and justice inclusion by providing cheaper, more convenient, and more accessible legal services compared to traditional law firms and lawyers. This paper examines the emerging legal tech field, focusing on the business- to-consumer (B2C) category.B2C legal tech refers to tools designed to provide legal services and information directly to consumers without requiring the involvement of a human lawyer. This paper explores the factors driving these disruptive changes in legal services and evaluates some of the limitations of legal tech in meeting clients’ legal needs. The author concludes that B2C legal tech is gaining traction. However, the author avers that these technologies have limitations in fully meeting the needs of their users; therefore, lawyers still play an essential role in the legal ecosystem. As legal tech continues to gain traction, specific measures need to be implemented to address some of their limitations and ensure the seamless integration of these technologies into the legal field. This paper contributes to the ongoing discourse on the future of the legal profession in the era of technological advancement.

Balancing Human Rights and the Use of Artificial Intelligence in Border Security in Africa

Sherry Bor — 2023-11-28

In a continent marked by its historical pursuit of secure borders, Africa now stands at a pivotal juncture, transitioning from traditional physical barriers to harnessing the transformative potential of Artificial Intelligence (AI) technologies. This transformation signifies the continent’s unwavering commitment to efficiency and innovation, yet it unveils a formidable challenge – striking a harmonious balance between the imperative of security and safeguarding of fundamental human rights and freedoms. The integration of AI in border security, with its utilization of biometric data, facial recognition, iris scanning, and more, has given rise to a host of intricate concerns, including ethical considerations such as transparency and accountability. Privacy emerges as a paramount issue as the data reservoirs amassed at border crossings raise questions about storage, accessibility, and potential misuse. The complexities of personal information management take centre stage, necessitating scrutiny over data handling, security, and safeguards against abuse. Through an examination of historical trends and a detailed analysis of past and present border security practices in Africa, this paper reviews the evolution of strategies and challenges in Africa’s border security. This investigation spotlights the continent’s adoption of AI as a cornerstone in safeguarding its borders. However, it underscores that while advancements are evident, a delicate equilibrium must be achieved. This paper argues that achieving a harmonious balance between bolstering security measures and safeguarding individual rights and freedoms, all within the framework of ethical principles is an attainable endeavor.

Beyond the Ballot: A Comparative Analysis of Political Microtargeting Practices and Regulations in Kenya and Nigeria

Joshua Kitili — 2023-11-28

Technological advancements have significantly impacted the political world. Unlike the traditional means of conducting campaigns, technology makes it possible to conduct data-driven campaigns on a larger scale and with high levels of specificity. For political parties, better clarity leads to hyper-individualized communication in a process known as microtargeting. Critics argue that political microtargeting can directly manipulate and suppress voters, exacerbate polarization, perpetuate misinformation, and indirectly lead to long-term effects by encouraging political parties to ignore individuals whom they deem unlikely to vote or those who are digitally excluded. This paper studies political microtargeting in Kenya and Nigeria because of data-driven campaigns that have been observed in these jurisdictions in the past and due to the increased reliance on social media platforms that political actors are utilizing to influence voters. It argues that political microtargeting is an issue of concern and therefore, using Kenya and Nigeria, it pushes the agenda that countries in the Global South should implement policies and regulations to curtail the negative impact of the practice. To examine the extent of political microtargeting in both Kenya and Nigeria, this paper employs a multi-phase approach that involves an analysis of paid Facebook advertisements in both countries during the past election periods.

Navigating the Legal and Ethical Terrain of Artificial Intelligence in Enhancing Patient Safety in Nigeria

Dorcas A. Akinpelu — 2023-11-28

The emergence of Artificial Intelligence (AI) significantly impacts the understanding of medical errors, minimizes their occurrence, and provides contextual solutions for patient safety in Nigeria.Given the country's expanding population and constrained healthcare resources, the potential significance of AI in enhancing patient safety in Nigeria cannot be overstated. There is a rapid trend to integrate AI into Nigeria's healthcare system, however, this raises concerns about algorithm bias and privacy. This study explores the ethical and legal implications of deploying AI for patient safety in Nigeria and assesses how the existing Nigerian legal frameworks address these concerns. This research shows that although bias and discrimination are generally prohibited by the Constitution of the Federal Republic of Nigeria and other legal instruments, algorithmic bias which arises from the use of AI is not catered for by these laws. In addition, despite current privacy and confidentiality safeguards, AI in healthcare presents unique and novel challenges that the legislation does not yet address. Therefore, developing a new legal and governance structure to address both present and prospective challenges of AI in the health sector is extremely useful.

Exploring Co-Regulation as a Solution to Automated Disinformation in Kenya

Ali A. Ikran — 2023-11-28

This paper discusses automated disinformation on social media in Kenya and its impact on democracy. Automated disinformation refers to disinformation that is exacerbated by the use of Artificial Intelligence (AI) and related emerging technologies, including algorithms and bots. The paper considers the electoral process in Kenya as a case study to highlight the threats that automated disinformation poses to the democratic process and proposes co-regulation as the way forward. Specifically, it reviews the impacts of automated disinformation on democracy including the negative effect on the availability of reliable and accurate information to enlighten the social media users’ political choices and the effect on the exercise of political will, public opinion, and democracy. The objective of this research is to provide policy recommendations to the relevant stakeholders on tackling the challenge of widespread automated disinformation perpetuated by social media users in Kenya whilst respecting fundamental human rights and promoting democracy. The author discusses the regulatory framework applicable to the information disorder phenomenon including those relevant to the exercise of the freedom of expression and access to information, noting that these rights play a significant role in strengthening democracy. This paper also considers the nascent regulation of AI and undertakes an analysis of how effective regulation can counter the widespread automated disinformation on social media platforms.