THEMATIC SESSION #36

Marianna Ciullo

University of Sannio, Italy

• marianna.ciullo@unisannio.it

The rapid deployment of Extended Reality (XR), Artificial Intelligence (AI), and Neural Engineering is transforming measurement from a merely technical operation into a legally relevant act that structures evidence, liability and risk allocation. In these contexts, quantification does not simply record external phenomena; it mediates perception, reconstructs behavior, and produces data that may acquire normative value within judicial, regulatory, and administrative contexts. This evolution raises foundational legal questions concerning the reliability, traceability, and contestability of technologically generated measurements, particularly where adaptive algorithms and neurotechnological interfaces blur the distinction between observation, interpretation, and decision-making.

The session investigates how legal systems can accommodate measurement processes that are probabilistic, opaque, and dynamically evolving, and whether existing doctrines of evidence, liability, certification, and compliance remain adequate. By focusing on the juridical implications of technologically mediated quantification, the panel seeks to clarify how law can ensure accountability, protect individual autonomy, and maintain epistemic trust in contexts where reality is increasingly filtered through computational and neurocognitive infrastructures.

Topics of interest include (but are not limited to):

• Legal Status of Technologically Generated Measurements:
1. Qualification of AI-processed data and XR-derived information as legal evidence;
2. Standards of admissibility, reliability, and verifiability;
3. Burdens of proof in algorithmically mediated environments.
• Accountability and Liability Regimes:
1. Attribution of responsibility in human–AI–neurotechnology interactions;
2. Product liability and defect assessment in adaptive and self-learning systems.
• Regulation and Standard-Setting:
1. Role of technical standards and metrological certification in legal compliance;
2. Conformity assessment mechanisms for AI and neurotechnologies;
3. Interaction between scientific validation and regulatory oversight.
• Fundamental Rights XR, AI and Neural Engineering:
1. Protection of cognitive liberty, mental integrity, and personal identity;
2. Legal implications of measuring and modulating perception or neural activity;
3. Data governance and ownership of neurally derived or behaviorally inferred data.
• Evidentiary and Procedural Challenges:
1. Transparency, explainability, and auditability as procedural guarantees;
2. Contestability of automated assessments in judicial and administrative decision-making;
3. Preservation of due process in immersive and data-driven environments.
• Epistemology of Proof in the Age of Intelligent Measurement:
1. Legal treatment of uncertainty, probability, and predictive analytics;
2. Trust infrastructures for technologically mediated knowledge.

Marianna Ciullo is a lawyer, lecturer, and researcher. In 2018, after studying also abroad, she graduated in Italy with honors and academic distinction, defending a thesis in Constitutional Law and Computational Social Sciences. She was admitted to the Italian Bar in 2022. Since 2024, she has worked for the central ministerial functions department. She obtained her PhD. D. (Doctor Europaeus) after a period as a visiting researcher at the University of Paris-Lodron in Salzburg. She teaches and conducts academic and scientific activities in Italy and abroad.