|Shinto Teramoto||Last modified date：2020.04.15|
Professor / Department of International Legal Studies / Faculty of Law
|1.||Shinto TERAMOTO, Designing a Law to Promote the Sharing of Medical and Health Records:
Striking a Balance between Protection of Personal Information and Promotion of Healthcare
— Using a token to encourage citizens to utilize PHR, Ninth International Conference On Health, Wellness & Society, 2019.09, The digitalized medical and health records (HR) of citizens are stored in Electronic Health Records (EHR) and Personal Healthcare Records (PHR). The quality of medical care will be improved if physicians can access the past HR of patients. Also, redundant medical examinations will be avoided, which will result in medical cost savings. A user-friendly service that enables individual citizens to share their HR with their physicians is essential to achieve the aforementioned purpose. The involvement of private businesses is expected to make such service available to citizens. However, recently, many citizens have been frustrated with the collection and control of personal data by the giants of ICT industries, and, in response, governments are establishing rules to regulate collection and handling of personal data. In contrast, sharing HR on the infrastructure provided by private businesses presupposes that these private providers handle medical and health records that fall within the most delicate types of personal data. We have to design and implement laws that promote the sharing of HR while ensuring the protection of personal data. There are a number of issues that need the intervention of laws, to ensure the confidentiality, integrity, availability and portability of HR, compatibility between EHR and PHR, and between multiple PHRs, and to ensure the portability of records between a PHR service provided by one company and a PHR service provided by a different company. The author discusses and proposes the requirements of such laws and proposes a practicable legal design to promote the sharing of HR..
|2.||Shinto TERAMOTO, Re. Several Issues Concerning Secured Claims in An Insolvency Case by Prof. Nam-Geun YOON
Re. Legal interpretation of civil liability for accidents in self-driving mode of level 3 Autonomous car by Prof. Semin PARK, Kyushu University, Joint Seminar with Korea University, 2019.03.
|3.||Shinto TERAMOTO, Yuriko HAGA, The Essential Role of Objections from Outsiders in Improving the Quality of Information that is Curated and Disseminated by Websites, The RCSL-SDJ Conference ‘Law and Citizenship Beyond the States’, Lisbon, 10-13 September 2018, 2018.09, This paper discusses a practical way to improve the quality of information distributed by websites thatcurate and disseminate knowledge (hereinafter, “CCWs”, an abbreviation of Content CurationWebsites).It is reasonably considered that CCWs greatly contribute to enhancing citizens’ knowledge ofmedicine and healthcare, when CCWs disseminate correct and qualitative information (Teramoto, S.and Haga, Y., 2017, Informed Consent in Building Big Data in Healthcare:The Essential Role of Hubsin Curating and Disseminating Knowledge, RJSH Vol. 4, No. 2, July - December 2017, pp. 69-75).Unfortunately, the quality of information disseminated by CCWs is not necessarily guaranteed.However, obviously, the viability of prescreening such information is limited. If prescreening is toostrict, it is likely to hinder the dissemination of knowledge, while if it is too lax, it is likely to allowthe dissemination of low quality information.For the purpose of improving the quality of information disseminated by CCWs in a practical way, theauthors propose utilizing the objections or negative comments raised against such information byordinary citizens or professionals independent from the editors and distributors of CCWs. Also, theauthors propose that CCWs can contribute to improving the information disseminated by peer CCWsand/or Social Network Services (hereinafter, “SNSs”) by means of the curation and dissemination ofsuch objections or comments.The authors assesses the viability of these proposals from three perspectives -- (i) a social networkapplying graph theory; (ii) empirical discussion; and (iii) comparison with the legal practices utilizingobjections from citizens and industries to achieve better results. By these means, the authors foundthat curating and disseminating objections to existing disseminated information is viable in improvingthe quality of such information, and CCWs and SNSs are helpful in such activities..|
|4.||Shinto Teramoto, Lawyers’ views on autonomous driving, The 20th International Academy of Comparative Law, General Congress, 2018.07.|
|5.||Shinto TERAMOTO, Examples of Japanese FinTech Practices using ICT, Regulating FinTech in Asia Global Contexts, Local Perspectives, 2018.12.|
|6.||Shinto TERAMOTO, Designing a Smarter Law that Enables Smart Contracts that are Useful in Everyday Life, Emerging Legal Issues for Artificial Intelligence -- Legal Liability, Discrimination, Intellectual Property Rights and Beyond, 2018.11, Suppose that a supplier of goods or services and a consumer enter into a contract for goods or services. If the terms and conditions of the contract are prefixed by the supplier unilaterally and the choice of the consumer is just to accept or decline, it is very easy to implement an automatic contracting process for them. Everyday, we experience such simple and automated contracting processes when we ride on the subway and buses using IC cards.
However, in many cases, the terms that each of the parties to a contract deems acceptable in advance are very abstract and have some flexibility. Such anticipated terms may include the conditions most preferred by a party to those least preferred. There is no guarantee that the resulting contract will satisfy both parties. The terms and conditions of the contract to be executed are likely to have multiple alternatives. The finally decided terms just represent one of many possible alternatives. It would be difficult for such terms to completely satisfy both parties.
In order to make smart contracts widely implemented in our society, a system that automatically matches the terms and conditions of both parties to a contract (hereinafter, referred to as a smart contract platform) must be able to establish a contract with fair and reasonable terms and conditions that can satisfy both parties in such complex situation. The currently spreading use of Artificial Intelligence (A.I.) using deep learning is likely to make such a smart contract platform realistic.
However, suppose that both parties to a contract could have gone through a human to human negotiation, and that the final terms are not preferable or disadvantageous to one of the parties. Possibly, such disadvantaged parties would try to persuade themselves that such undesirable or disadvantageous results were caused by their or their agent’s incompetence. However, if such undesirable or disadvantageous terms are caused automatically by a smart contract platform, the disadvantaged party may feel great frustration because they can hardly find a reason to blame themselves. Also, it is possible for a smart contract platform to manipulate the terms of a contract by utilizing the very wide scope of acceptable terms prefixed by the consumer, thereby, giving an advantage to the supplier. Such manipulation will be deemed unfair, even though it does not necessarily constitute fraud. Moreover, if a smart contract platform is provided exclusively by one or a very limited number of companies, the platform may be programmed to be advantageous or disadvantageous to specific or specific categories of suppliers. For example, a smart contract platform used to enable electricity supply companies and consumers who want to quickly charge their electric vehicles (EVs) to contract automatically may be programmed to increase the probability that established and conventional electricity supply companies can contract with consumers within the scope of the terms prefixed by the consumers. It is also probable that a smart contract platform will apply different terms and conditions, such as by giving priority to contracts with consumers of certain electricity supply companies, and give advantages to some of them, and cause disadvantages to others.
The implementation of smart legal tools in the society is likely to require us to design legal tools such as the obligatory disclosure of an automatic contracting process, auditing or monitoring by a third party, and competition among multiple smart contract platform providers, to ensure a fair smart contracting process, and also to prevent misappropriation of smart contract platforms for unfair purposes. However, designing such legal tools is likely to cause another problem. A law must be enforced based on the evidence required by the law itself. If a smart contract platform is organized and operated by a fixed algorithm that does not change and update itself automatically, it would be plausible to prove that the platform was programmed by ab human to cause unfair results. However, suppose that an A.I. implemented in a smart contract platform keeps learning and constantly and incrementally updates itself. It is improbable that lawyers could prove that a smart contract platform producing unfair results was really programmed by a human to cause such results. To tackle such problems would also be the duty of lawyers..
|7.||Teramoto, Shinto, Haga, Yuriko, Informed Consent in Building Big data in Healthcare: The Essential Role of Hubs in Curating and Disseminating Knowledge, ISSBRC 2017 conference, 2017.11.|
|8.||Shinto Teramoto, How can the law promote a more diverse allocation of resources?, 6th International Conference on Government, Law and Culture, 2017.01.|
|9.||Shinto Teramoto, The Prevailing Attitude of Japanese Industry and Citizens - Emphasis on Energy Saving or Prevention of Climate Change" (April 5, 2018) reported at "Corporate Climate Litigation Roundtable: Relevance to the Japanese Legal and Regulatory Context" held at Kyushu University, Japan. , Corporate Climate Litigation Roundtable: Relevance to the Japanese Legal and Regulatory Context, 2018.04.|
|10.||Shinto Teramoto, A Social Network Perspective to Designing a Law, 2018 IEDRC FUKUOKA CONFERENCES, 2018.03, Curation media plays an important role in diffusing medical and healthcare knowledge through the
society. However, curation media is sometimes harmful to the society when it distributes incorrect or
misleading information that is likely to cause unhealthy behavior. Lawyers are likely to recommend that
operators of curation media pre-screen the information that they curate and distribute. However, the ability of
pre-screening to prevent dissemination of harmful information is limited for various reasons. The speaker
proposes that negative comments or objections raised by third parties to such harmful information can be
useful to identify and correct incorrect or misleading information distributed by curation media. Further, from
a social network perspective, the speaker explains that such negative comments or objections should be
curated and re-distributed by another curation media. However, any discussion that totally depends on models
may deviate from reality, while analysis of reality without simplification may lead us to chaos. The speaker
suggests that social science and its application needs the collaboration of specialists both skilled in designing
and utilizing simple models and skilled in empirical studies..
|11.||Teramoto, Shinto, The Role of a State as an Essential Part of Global Network Infrastructure, 2017 Intellectual Property Collaborative Innovation Forum, 2017.12.|
|12.||Shinto TERAMOTO, A.I. for Medicare Requires a Change in Medical Device Regulation, Seminar on Artificial Intelligence and the Future of Law, 2018.01.|
|13.||Shinto Teramoto, "Social Network Analysis Applied in Legal Education", Korea University - Kyushu University Symposium, 2013.04.|
|14.||寺本 振透, Assessing the Role of Intellectual Property Laws from a Social Network Perspective, ARS '13 International Workshop "Networks in space and time: Models, Data collection and Applications", 2013.06.|
|15.||寺本 振透, Paulius Jurčys, Back to the Future of Conflicts of Laws: Enhancing Interface through Mutual Trust, 5th Journal of Private International Law Conference, 2013.09.|
|16.||寺本 振透, What Makes Medical Records Safe in the Cloud?, 2014 Annual Kyushu University Law Conference: Social Capital, Networks, Law, 2014.02.|
|17.||Teramoto, Shinto, The Current Development of the Japanese e-Government Platform, 2014 International Cyber Law Seminar on Trustworthiness of The National e-ID in Accessing e-Public Services and Supporting e-Commerce, 2014.03.|
|18.||Teramoto, Shinto, Ninomiya, Toshie, Instructional Design and Strategy for Legal Practice, 2014 3rd International Conference on Management and Education Innovation (ICMEI 2014), 2014.05, [URL].|
|19.||Teramoto, Shinto, Simulating the impact of intellectual property rights on the innovation process, 11th International Conference on Innovation and Management, Vaasa, Finland, 2014.11.|
|20.||Teramoto, Shinto, "Legal Regime and Practice of IP Security Rights in Japan", UNCITRAL - FSC - Dankook Univ. Joint Conference Challenges of Technology Finance for a Creative Economy - Practical Issues on Security Rights in Intellectual Property -, 2014.11.|
|21.||Teramoto, Shinto, Who is best able to diffuse innovation: Government, Academia, Industry, or the Inventor?, The 9th Annual Kyushu University Law Conference "Understanding Regulatory Choice and New Economic Zones", 2015.01, [URL].|
|22.||Teramoto, Shinto, HOW THE LEGAL SYSTEM BENEFITS FROM SOCIAL SCIENCE, ICSSH 2015 : 2015 4th International Conference on Social Science and Humanity , 2015.04.|
|23.||Teramoto, Shinto, Adjusting the strength of intellectual property rights to allow healthy competition,Istanbul, World Conference on Technology, Innovation and Entrepreneurship, 2015.05, The legal protection of a technology by means of patents and other intellectual property rights (“IPRs”) gives the right holder the power to exclude its competitors in the market where the products and/or services embodying such technology are diffused. Each supplier in the market faces the uncertainty of whether it can survive the competition. However, IPRs are likely to encourage the right holder to enter the market and become the forerunner, by alleviating such right holder’s uncertainty. It is likely that some of the followers, including local entrepreneurs in developing countries, may improve the forerunner’s technology and implement such improvements in better products or services. However, it is also probable that the IPRs of the forerunner will inhibit the further advancement of technologies and products or services, by obstructing the activities of the innovative followers in the market. The author assesses the degree of negative impact of the forerunner’s IPRs that inhibit any healthy competition between the forerunner and the followers by using a simple network model, which comprises of consumers and competing suppliers. Moreover, based on the analysis using the said network model, the author discusses how we can design an intellectual property
law scheme that can restrict the disadvantages caused by IPRs, while maintaining their advantage in encouraging entrepreneurs to enter the market. By means of a discussion using a network model that represents the specific aspects of the market, the author tries to assess the pros and cons of IPRs, especially in the markets of developing countries. The discussion suggests that the strength of IPRs should be adjusted to allow healthy competition between the forerunner and followers in order to give a reasonable degree of benefit to consumers..
|24.||Teramoto, Shinto, Can a Non-Practicing Entity Promote Diffusion of Innovation?, 2016 Taiwan International Conference on Innovation and Management, 2016.01, [URL], Entities, that own and enforce patent rights against others, while not practicing patented inventions for themselves, are often called “Patent Trolls” and are hated or feared by established manufacturers and information, communication and telecom (ICT) service providers. However, the author questions whether it is justifiable to view these Non-Practicing Entities (NPEs) as greedy and evil.The suppliers of patent rights as commodities in the market include ventures that are backed by investors and creditors but unable to succeed in the marketplace, or license to or be acquired by established companies. The demand side includes established companies and ventures that have succeeded in the marketplace. Obviously, both of these supply and demand sides are generally considered as legitimate and fair players in the market. Their activities are not considered unhealthy or antisocial. Therefore, it does not seem appropriate to deem NPEs as evil and greedy players, considering the players intermediated by NPEs are viewed as ordinary players of a healthy market. The author proposes that we study the role of NPEs in the market and society without prejudice, and assess whether they contribute to promoting social welfare.It is understandable that established companies object to the practices of NPEs. However, NPEs help make the patents held by small or inactive entities visible to established companies through their activities including issuing warnings against alleged infringement, offering patent licenses, filing litigation, etc. Also, it is highly probable that any claims raised by NPEs can be resolved finally by paying them royalties or by purchasing the relevant patents. In this way, NPEs are intermediating the transfer of patent rights and/or the rights to practice the patented inventions from suppliers that have weak sales capabilities (namely, the assignors of patent rights to NPEs) to suppliers that have strong sales capabilities (namely, the possible licensees). Moreover, the author shows that such probability is completely practical through the empirical study of a Japanese venture that is recovering its past investment by means of licensing its patented inventions to multiple companies through NPEs. The author concludes that NPEs are not necessarily evil actors in the market and have considerable potential to promote diffusion of innovation..|
|25.||Teramoto, Shinto, Who is best able to diffuse innovation?— Industry or Inventor? —, 2016 International Conference on Law, Patent, and technology (ICLPT 2016), 2016.01.|
|26.||Teramoto, Shinto, Shinto Teramoto, Designing a New Regulatory Scheme to Realize a Distributed Energy Supply, , The Seventh Asia-Pacific Innovation Conference, 2016.11.|
|27.||Teramoto, Shinto, A.I. for Medicare Requires a Change in Medical Device Regulation, Special lecture at Nanjing University of Sciencce and Technology, 2017.12.|