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Abstract
Computational Law has begun taking the role in society which has been
predicted for some time. Automated decision-making and systems which assist
users are now used in various jurisdictions, but with this maturity come
certain caveats. Computational Law exists on the platforms which enable it, in
this case digital systems, which means that it inherits the same flaws.
Cybersecurity addresses these potential weaknesses. In this paper we go through
known issues and discuss them in the various levels, from design to the
physical realm. We also look at machine-learning specific adversarial problems.
Additionally, we make certain considerations regarding computational law and
existing and future legislation. Finally, we present three recommendations
which are necessary for computational law to function globally, and which
follow ideas in safety and security engineering. As indicated, we find that
computational law must seriously consider that not only does it face the same
risks as other types of software and computer systems, but that failures within
it may cause financial or physical damage, as well as injustice. Consequences
of Computational Legal systems failing are greater than if they were merely
software and hardware. If the system employs machine-learning, it must take
note of the very specific dangers which this brings, of which data poisoning is
the classic example. Computational law must also be explicitly legislated for,
which we show is not the case currently in the EU, and this is also true for
the cybersecurity aspects that will be relevant to it. But there is great hope
in EU's proposed AI Act, which makes an important attempt at taking the
specific problems which Computational Law bring into the legal sphere. Our
recommendations for Computational Law and Cybersecurity are: Accommodation of
threats, adequate use, and that humans remain in the centre of their
deployment.