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Thesis Chapters by Joshua Hovsha

Modern day Israel has faced questions over the balance between religious tradition and liberal de... more Modern day Israel has faced questions over the balance between religious tradition and liberal democratic aspirations since its formation. Upon the issue of religious identity, political coalitions and parties are formed and undone. Beyond the ongoing Israeli- Palestinian conflict, the occupation of the West-Bank and the blockade of Gaza, all of which undermine Israel’s espoused democratic ideals, the state’s future as a democracy is additionally subject to the successful negotiation of tensions over its religious and national character.

This study seeks to understand the tension between religion and state within Jewish tradition in light of historical realities, Jewish philosophy and modern religious responses. Primary attention will be given to the works of Moses Maimonides, Nissim of Gerona and Don Isaac Abravanel. These scholars have been chosen as they may be regarded as the leaders of three distinct branches of thought on Jewish legal philosophy and political structure. Collectively, these traditions may be viewed as forming the cannon of Jewish political thought in which modern discourse operates. These archetypes of political thought may be identified as (i) Maimonides’ unity model, (ii) Nissim of Gerona’s model of dualism and (iii) Abravanel’s model of collision.

Attention is then given to reactions by Jewish religious-thinkers to both the emergence of modern political-Zionism in the late 19th century and the establishment of the State of Israel in 1948. The collective phenomena of political-Zionism, its aims and achievements may be seen as a radical departure from the traditional vision of Jewish religious thought.

This study combines theoretical and legal analysis in an effort to understand the challenges pose... more This study combines theoretical and legal analysis in an effort to understand the challenges posed by the rapid rise of the Internet and communication technologies for democratic orders. Specifically, it uses the recent experience of South Africa’s attempts at Internet regulation as a case study.

The unforeseen challenges brought about by the rapid increase in Internet access and the resultant changing nature of media producer-consumer relationships are shared by all states and administrations. Specifically, liberal democracies must grapple with the appropriate balance between facilitating freedom of expression in new platforms while protecting the fundamental rights of privacy and dignity for all citizens.

In a move to better regulate the competing interests in the context of intertwined information technologies the South African Film and Publications Board released its Draft Online Regulation Policy on 4 March 2015. The framework envisioned uses administrative prior-classification to regulate a broad scope of digital content. Advocates of Internet freedom throughout the world gave decried the Draft Policy as a rubric for the “worst Internet censorship law in Africa.” However, to its supporters the Draft Policy ensures the promotion of regulatory standards to protect children from inappropriate and harmful content. Moreover, it is seen to preserve the interests of privacy, dignity and the right to make informed decisions on the part of adults.

The interplay between competing claims to autonomy contrasted with the need to protect human dignity takes on a unique form in the South African context. This study begins with a conceptual examination of the role freedom of expression in the modern South African constitutional order. This stance is contextualised through an exploration of the weight given to the right to freedom of expression within different democratic orders. Thereafter, a legal analysis of the regulatory framework envisioned by the South African Film and Publications Board is conducted. In this analysis attention is given to the submissions of various stakeholders and civil society organisations to the Film and Publications Board. Thereafter, the investigation takes the form of a constitutional analysis over the validity of the regulatory framework in light of the ‘Limitations Clause’ found in Section 36 of the South African Constitution. The ultimate finding of this study is the constitutional incompatibility of the Film and Publication Board’s Draft Policy in light of its overly broad mandate and reliance upon a system of administrative prior-classification.

Papers by Joshua Hovsha

The adoption of AI in the health sector has its share of benefits and harms to various stakeholde... more The adoption of AI in the health sector has its share of benefits and harms to various stakeholder groups and entities. There are critical risks involved in using AI systems in the health domain; risks that can have severe, irreversible, and life-changing impacts on people's lives. With the development of innovative AI-based applications in the medical and healthcare sectors, new types of risks emerge. To benefit from novel AI applications in this domain, the risks need to be managed in order to protect the fundamental interests and rights of those affected. This will increase the level to which these systems become ethically acceptable, legally permissible, and socially sustainable. In this paper, we first discuss the necessity of AI risk management in the health domain from the ethical, legal, and societal perspectives. We then present a taxonomy of risks associated with the use of AI systems in the health domain called HART, accessible online at https://w3id.org/hart. HART mirrors the risks of a variety of different real-world incidents caused by use of AI in the health sector. Lastly, we discuss the implications of the taxonomy for different stakeholder groups and further research. Index Terms-risk, AI systems, health, AI regulation, ethics of AI, AI public policy, taxonomy This contribution is going to be published in the proceedings of the Fourth International Conference on Transdisciplinary AI (TransAI 2022).

Nissim of Gerona's major legal work is in fact a commentary on this work of Alfaasi and not upon ... more Nissim of Gerona's major legal work is in fact a commentary on this work of Alfaasi and not upon the Talmud itself." 11" rely upon charismatic leadership for legitimacy (Stern, 2001: 22). No formal institutions may be identified at this stage. 2.2.1.2 The Biblical King During the Era of Judges political authority is discontinuous and tribal identities are emphasised over national cohesion. Furthermore, rule of law is non-existent; a repeated refrain of this period is "at that time there was no king in Israel: every man did that which was right in his own eyes" (Judges, 17:6; 21: 25). This phrase is ultimately used to summarise the Book of the Judges following an account of a vicious civil war, almost resulting in the complete destruction of the Benjamite tribe (Judges, 19-21). Stern (2001: 23) notes that all prospects of long term collective organisation are undermined by this political instability. This is contrasted to the firm political structure of the Philistines, the key rivals of the Israelite tribes throughout this period. Entrenched family dynasties allowed the Philistines to pursue long-term projects. The result was military superiority in the form of a standing army and a chariot force. Conversely, only with the use of significant charisma is the prophet Samuel able to create national political cohesion. In the absence of a central seat of power this is achieved through a circuit of judicial seats throughout the tribes followed by Samuel on an annual basis (I Samuel 7:16-17). It is to the end of Samuel's life, when his own sons have proven to be unworthy successors (I Sam. 8:1-3) that the nation requests a change of political structure. The request "Place for us a king, to judge us all the nations" 9 (I Sam. 8:5) is interpreted by Stern (2001: 23) as emanating from the need for stable executive power. Nevertheless, it is noted that the position of King includes legislative powers as well as executive authority. Stern explains this to be the ancient equivalent of a "constitutional revolution"-whereby power is transported from the spiritual leadership to a newly instituted office. The king is apparently to have widespread powers, as may be understood from Samuel's lengthy protest of this request. The root of this opposition is perplexing as the appointment of a king is given explicit divine sanction in Deuteronomy (17: 14-15): When you come into the land which the Lord your God gives to you, and you shall possess it, and shall dwell therein; and shall say: 'I will set a king over me, like all the nations that are round about me'; Set, you shall set upon yourselves a king whom the Lord your God shall choose. This text is subject to much dispute. Indeed ambiguity is found in the double-language expression of the Hebrew, ‫שׂוֹם‬ ‫ים‬ ‫שִׂ‬ ‫תָּ‬ ‫י(‬ ‫לֶ‬ ‫עָ‬ , ‫לֶ‬ ‫מֶ‬ s'um tu'sim aleikheh melekh (Set, you shall set upon yourselves a king). This is usually rendered as emphatic language consistent with a command, thus: You shall surely set upon yourselves a king. Nevertheless the expression may be understood as allowing for permission, thus: you shall in any case set him king over 9 Author's own translation. The rendition of Stern (2001: 23) "make for us" misses the nuance of the Hebrew sim'ah denoting a placement. While the common rendition "place upon us" overcorrects by rendering the expression sim'ah lanu as denoting a specific position, as would be the case in sim'ah ahleinu. Despite being a minor point semantically, the relevance of this rendering lies in Samuel's vehement opposition to this request. Certain commentaries assert that this is based upon the nation seeking to use the king to usurp God's role as being "above" the nation. However, a literal reading of the language of the request is consistent with the rendering of the command to appoint a King found in Deuteronomy 17:14." 11 See comments at the close of section 2.2 supra." 12 Maimonides (1963 [1190]: Book II: 35) in fact outlines eleven levels of prophecy in Book II of the Guide for the Perplexed. The highest of these tiers is that of Moses'"prophecy, which is regarded as unmatched. While not all levels are attainable through philosophic perfection of the mind the lower such levels are regarded as attainable. These levels are characterised by a reduced immediacy in communication with God, through dreams and other mediums.

2022 Fourth International Conference on Transdisciplinary AI (TransAI)

The ambition of granting true ownership of personal data to the individual, while promoting lega... more The ambition of granting true ownership of personal data to the individual, while promoting legal certainty is core to the General Data Protection Regulation (GDPR). in order to achieve these aims the GDPR places distinct obligations upon the different actors within a ‘data processing relationship’. Properly identifying the parties within these relationships is vital for allocating accountability, as well as ensuring transparency to individuals and the public. However, increased complexity in data processing has led to growing uncertainty in defining these relationships and the parties within them. The problems stemming from the uncertain nature of control in data processing relationships are explored in this article.

Ambiguity in data processing relationships cuts in two distinct ways: the first impacts the individual who finds herself as the ‘data subject’ in a complex web of data processing operations. The second places unanticipated burdens upon a user of technology who now finds herself to be a ‘data controller’ or ‘joint data controller ‘with unforeseen responsibilities under the GDPR.

The challenges posed by the uncertainties of these relationships has been examined by the CJEU in three recent cases: Wirtschaftsakademie, Jehovan Todistajat and Fashion ID . An analysis of the three cases and the implications of the Court’s rulings is undertaken in this article. Focus is given to the impacts of the CJEU’s stance on consent as a lawful basis for processing data as well as upon the principles of Transparency and Fairness articulated in Article 5(1) of the GDPR.

MASTER’S RESEARCH REPORT MA POLITICAL STUDIES 15 FEBRUARY 2015 THE UNIVERSITY OF THE WITWATERSRAN... more MASTER’S RESEARCH REPORT MA POLITICAL STUDIES 15 FEBRUARY 2015 THE UNIVERSITY OF THE WITWATERSRAND JOHANNESBURG, SOUTH AFRICA

Drafts by Joshua Hovsha

Drones and drone-mounted sensors have a multitude of potential uses for local authorities and mun... more Drones and drone-mounted sensors have a multitude of potential uses for local authorities and municipalities. While early-adopters have piloted and tested the use of drones for specific scenarios, widespread adoption and implementation requires appropriate planning and development of relevant governance, oversight, and controls to ensure that data protection rights and other fundamental rights are respected, and data protection laws complied with in the gathering and processing of data using drone-mounted sensors and associated technologies. This article provides an overview of the evolution of drone use scenarios and a snapshot of the current state of the art in respect of the balancing of the utility of dronemounted sensors against the data protection and privacy impacts of these technologies. We set out a taxonomy of use case scenarios for drones and drone mounted sensors. It is recommended that this taxonomy is developed as a structure framework to support scalable and repeatable processes for assessing and mitigating data protection risks in the operation of drones and drone-mounted sensors.

Modern day Israel has faced questions over the balance between religious tradition and liberal de... more Modern day Israel has faced questions over the balance between religious tradition and liberal democratic aspirations since its formation. Upon the issue of religious identity, political coalitions and parties are formed and undone. Beyond the ongoing Israeli- Palestinian conflict, the occupation of the West-Bank and the blockade of Gaza, all of which undermine Israel’s espoused democratic ideals, the state’s future as a democracy is additionally subject to the successful negotiation of tensions over its religious and national character.

This study seeks to understand the tension between religion and state within Jewish tradition in light of historical realities, Jewish philosophy and modern religious responses. Primary attention will be given to the works of Moses Maimonides, Nissim of Gerona and Don Isaac Abravanel. These scholars have been chosen as they may be regarded as the leaders of three distinct branches of thought on Jewish legal philosophy and political structure. Collectively, these traditions may be viewed as forming the cannon of Jewish political thought in which modern discourse operates. These archetypes of political thought may be identified as (i) Maimonides’ unity model, (ii) Nissim of Gerona’s model of dualism and (iii) Abravanel’s model of collision.

Attention is then given to reactions by Jewish religious-thinkers to both the emergence of modern political-Zionism in the late 19th century and the establishment of the State of Israel in 1948. The collective phenomena of political-Zionism, its aims and achievements may be seen as a radical departure from the traditional vision of Jewish religious thought.

This study combines theoretical and legal analysis in an effort to understand the challenges pose... more This study combines theoretical and legal analysis in an effort to understand the challenges posed by the rapid rise of the Internet and communication technologies for democratic orders. Specifically, it uses the recent experience of South Africa’s attempts at Internet regulation as a case study.

The unforeseen challenges brought about by the rapid increase in Internet access and the resultant changing nature of media producer-consumer relationships are shared by all states and administrations. Specifically, liberal democracies must grapple with the appropriate balance between facilitating freedom of expression in new platforms while protecting the fundamental rights of privacy and dignity for all citizens.

In a move to better regulate the competing interests in the context of intertwined information technologies the South African Film and Publications Board released its Draft Online Regulation Policy on 4 March 2015. The framework envisioned uses administrative prior-classification to regulate a broad scope of digital content. Advocates of Internet freedom throughout the world gave decried the Draft Policy as a rubric for the “worst Internet censorship law in Africa.” However, to its supporters the Draft Policy ensures the promotion of regulatory standards to protect children from inappropriate and harmful content. Moreover, it is seen to preserve the interests of privacy, dignity and the right to make informed decisions on the part of adults.

The interplay between competing claims to autonomy contrasted with the need to protect human dignity takes on a unique form in the South African context. This study begins with a conceptual examination of the role freedom of expression in the modern South African constitutional order. This stance is contextualised through an exploration of the weight given to the right to freedom of expression within different democratic orders. Thereafter, a legal analysis of the regulatory framework envisioned by the South African Film and Publications Board is conducted. In this analysis attention is given to the submissions of various stakeholders and civil society organisations to the Film and Publications Board. Thereafter, the investigation takes the form of a constitutional analysis over the validity of the regulatory framework in light of the ‘Limitations Clause’ found in Section 36 of the South African Constitution. The ultimate finding of this study is the constitutional incompatibility of the Film and Publication Board’s Draft Policy in light of its overly broad mandate and reliance upon a system of administrative prior-classification.

The adoption of AI in the health sector has its share of benefits and harms to various stakeholde... more The adoption of AI in the health sector has its share of benefits and harms to various stakeholder groups and entities. There are critical risks involved in using AI systems in the health domain; risks that can have severe, irreversible, and life-changing impacts on people's lives. With the development of innovative AI-based applications in the medical and healthcare sectors, new types of risks emerge. To benefit from novel AI applications in this domain, the risks need to be managed in order to protect the fundamental interests and rights of those affected. This will increase the level to which these systems become ethically acceptable, legally permissible, and socially sustainable. In this paper, we first discuss the necessity of AI risk management in the health domain from the ethical, legal, and societal perspectives. We then present a taxonomy of risks associated with the use of AI systems in the health domain called HART, accessible online at https://w3id.org/hart. HART mirrors the risks of a variety of different real-world incidents caused by use of AI in the health sector. Lastly, we discuss the implications of the taxonomy for different stakeholder groups and further research. Index Terms-risk, AI systems, health, AI regulation, ethics of AI, AI public policy, taxonomy This contribution is going to be published in the proceedings of the Fourth International Conference on Transdisciplinary AI (TransAI 2022).

Nissim of Gerona's major legal work is in fact a commentary on this work of Alfaasi and not upon ... more Nissim of Gerona's major legal work is in fact a commentary on this work of Alfaasi and not upon the Talmud itself." 11" rely upon charismatic leadership for legitimacy (Stern, 2001: 22). No formal institutions may be identified at this stage. 2.2.1.2 The Biblical King During the Era of Judges political authority is discontinuous and tribal identities are emphasised over national cohesion. Furthermore, rule of law is non-existent; a repeated refrain of this period is "at that time there was no king in Israel: every man did that which was right in his own eyes" (Judges, 17:6; 21: 25). This phrase is ultimately used to summarise the Book of the Judges following an account of a vicious civil war, almost resulting in the complete destruction of the Benjamite tribe (Judges, 19-21). Stern (2001: 23) notes that all prospects of long term collective organisation are undermined by this political instability. This is contrasted to the firm political structure of the Philistines, the key rivals of the Israelite tribes throughout this period. Entrenched family dynasties allowed the Philistines to pursue long-term projects. The result was military superiority in the form of a standing army and a chariot force. Conversely, only with the use of significant charisma is the prophet Samuel able to create national political cohesion. In the absence of a central seat of power this is achieved through a circuit of judicial seats throughout the tribes followed by Samuel on an annual basis (I Samuel 7:16-17). It is to the end of Samuel's life, when his own sons have proven to be unworthy successors (I Sam. 8:1-3) that the nation requests a change of political structure. The request "Place for us a king, to judge us all the nations" 9 (I Sam. 8:5) is interpreted by Stern (2001: 23) as emanating from the need for stable executive power. Nevertheless, it is noted that the position of King includes legislative powers as well as executive authority. Stern explains this to be the ancient equivalent of a "constitutional revolution"-whereby power is transported from the spiritual leadership to a newly instituted office. The king is apparently to have widespread powers, as may be understood from Samuel's lengthy protest of this request. The root of this opposition is perplexing as the appointment of a king is given explicit divine sanction in Deuteronomy (17: 14-15): When you come into the land which the Lord your God gives to you, and you shall possess it, and shall dwell therein; and shall say: 'I will set a king over me, like all the nations that are round about me'; Set, you shall set upon yourselves a king whom the Lord your God shall choose. This text is subject to much dispute. Indeed ambiguity is found in the double-language expression of the Hebrew, ‫שׂוֹם‬ ‫ים‬ ‫שִׂ‬ ‫תָּ‬ ‫י(‬ ‫לֶ‬ ‫עָ‬ , ‫לֶ‬ ‫מֶ‬ s'um tu'sim aleikheh melekh (Set, you shall set upon yourselves a king). This is usually rendered as emphatic language consistent with a command, thus: You shall surely set upon yourselves a king. Nevertheless the expression may be understood as allowing for permission, thus: you shall in any case set him king over 9 Author's own translation. The rendition of Stern (2001: 23) "make for us" misses the nuance of the Hebrew sim'ah denoting a placement. While the common rendition "place upon us" overcorrects by rendering the expression sim'ah lanu as denoting a specific position, as would be the case in sim'ah ahleinu. Despite being a minor point semantically, the relevance of this rendering lies in Samuel's vehement opposition to this request. Certain commentaries assert that this is based upon the nation seeking to use the king to usurp God's role as being "above" the nation. However, a literal reading of the language of the request is consistent with the rendering of the command to appoint a King found in Deuteronomy 17:14." 11 See comments at the close of section 2.2 supra." 12 Maimonides (1963 [1190]: Book II: 35) in fact outlines eleven levels of prophecy in Book II of the Guide for the Perplexed. The highest of these tiers is that of Moses'"prophecy, which is regarded as unmatched. While not all levels are attainable through philosophic perfection of the mind the lower such levels are regarded as attainable. These levels are characterised by a reduced immediacy in communication with God, through dreams and other mediums.

2022 Fourth International Conference on Transdisciplinary AI (TransAI)

The ambition of granting true ownership of personal data to the individual, while promoting lega... more The ambition of granting true ownership of personal data to the individual, while promoting legal certainty is core to the General Data Protection Regulation (GDPR). in order to achieve these aims the GDPR places distinct obligations upon the different actors within a ‘data processing relationship’. Properly identifying the parties within these relationships is vital for allocating accountability, as well as ensuring transparency to individuals and the public. However, increased complexity in data processing has led to growing uncertainty in defining these relationships and the parties within them. The problems stemming from the uncertain nature of control in data processing relationships are explored in this article.

Ambiguity in data processing relationships cuts in two distinct ways: the first impacts the individual who finds herself as the ‘data subject’ in a complex web of data processing operations. The second places unanticipated burdens upon a user of technology who now finds herself to be a ‘data controller’ or ‘joint data controller ‘with unforeseen responsibilities under the GDPR.

The challenges posed by the uncertainties of these relationships has been examined by the CJEU in three recent cases: Wirtschaftsakademie, Jehovan Todistajat and Fashion ID . An analysis of the three cases and the implications of the Court’s rulings is undertaken in this article. Focus is given to the impacts of the CJEU’s stance on consent as a lawful basis for processing data as well as upon the principles of Transparency and Fairness articulated in Article 5(1) of the GDPR.

MASTER’S RESEARCH REPORT MA POLITICAL STUDIES 15 FEBRUARY 2015 THE UNIVERSITY OF THE WITWATERSRAN... more MASTER’S RESEARCH REPORT MA POLITICAL STUDIES 15 FEBRUARY 2015 THE UNIVERSITY OF THE WITWATERSRAND JOHANNESBURG, SOUTH AFRICA

Drones and drone-mounted sensors have a multitude of potential uses for local authorities and mun... more Drones and drone-mounted sensors have a multitude of potential uses for local authorities and municipalities. While early-adopters have piloted and tested the use of drones for specific scenarios, widespread adoption and implementation requires appropriate planning and development of relevant governance, oversight, and controls to ensure that data protection rights and other fundamental rights are respected, and data protection laws complied with in the gathering and processing of data using drone-mounted sensors and associated technologies. This article provides an overview of the evolution of drone use scenarios and a snapshot of the current state of the art in respect of the balancing of the utility of dronemounted sensors against the data protection and privacy impacts of these technologies. We set out a taxonomy of use case scenarios for drones and drone mounted sensors. It is recommended that this taxonomy is developed as a structure framework to support scalable and repeatable processes for assessing and mitigating data protection risks in the operation of drones and drone-mounted sensors.