TOWARDS A QUANTUM PUNITIVE LAW IN THE FACE OF THE DIGITAL ZOMBIE PHENOMENON

Abstract

The technological revolution through artificial intelligence (AI) brings as a consequence great changes in the world agenda, from the transformation of man into a cyborg to the human- machine relationship with all that it implies, for example, GPT chat, robotization in areas of knowledge both industrial, commercial, scientific, even sexual, among others, to include in the universe of human rights their recognition, as are the cases of Sophia and Ross.

A contrario sensu, programs that link digital platforms, streaming, the Deep Web and other servers whose unethical purposes, innovation in favour of the human being or based on international legislation, encourage the practice of identity theft, the use of personal information, cyber fraud and indiscriminate hacking, attacking not only national security, such as WikiLeaks or Guacamaya Leaks, but also the theft of consciences that leads us to the loss of will and interest in finding the desirable world for its existence in the metaverse. The latter phenomenon that accentuates suicide and unimputability.

Concepts such as artificial intelligence and its legislation (Spain), regulation of autonomous vehicles, information and communication techniques, digital platforms, bots, blockchain, programs, digitization, software, cybersecurity, algorithm, among others, are terms of the digital revolution of XXIst Century. For this reason, we address not only the need to understand the future of law through digital lawyers -engineers- who safeguard guarantees and rights, but also the new conceptualization of cybercriminal law to enter the universe of space deregulation and the consequences that brings this fact into the traditional definition of the constitutional rule of law.

The goal of the paper that concerns us is to understand the binary telecommunications system through artificial intelligence (AI) that throws us into a quantum right that requires punitive international regulation against content, orientation, programming and other elements that are without a clear definition of the state of defencelessness of the recipients, under the universal principle of the right to the internet. We cannot omit the legal operators that link the networks required for digital justice or what is known as e-Justice, without forgetting the so-called “smart city” or “smart cities”. The zombie phenomenon under mechanization, the global acceptance of what the content of an application implies and the automation of rational beings leads to an adaptation process in the transition of the human-robot symbiosis.

The Methodology here used is analytical, cognitive research of scientific and logical- deductive knowledge. The results and contributions are focused on raising awareness and warning legal scholars and the general population about the challenges that the use of artificial intelligence implies for human coexistence in the face of the loss of values, identity, culture and rule of law.

Faced with the above, legal frameworks must be guaranteed that ensure the validity of the human right to freedom, equality and justice, therefore, there must have an international regulation that embraces international criminal law, as a response to new scenarios such as the cybercrime, military terrorism, informative-cybernetic, money laundering, identity theft and use of personal data. In this way, the generations of the near future find themselves in a state of defencelessness regarding the great monopolies of communication and information.