Constitutional Challenges in the Algorithmic Society最新文献

{"title":"Inalienable Due Process in an Age of AI: Limiting the Contractual Creep toward Automated Adjudication","authors":"F. Pasquale","doi":"10.1017/9781108914857.004","DOIUrl":"https://doi.org/10.1017/9781108914857.004","url":null,"abstract":"","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125850676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"AI, Governance and Ethics","authors":"A. Daly, Thilo Hagendorff, L. Hui, Monique Mann, Vidushi Marda, Ben Wagner, Wayne Wei Wang","doi":"10.1017/9781108914857.010","DOIUrl":"https://doi.org/10.1017/9781108914857.010","url":null,"abstract":"","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124163726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Consumer Law as a Tool to Regulate Artificial Intelligence","authors":"S. Gijrath","doi":"10.1017/9781108914857.015","DOIUrl":"https://doi.org/10.1017/9781108914857.015","url":null,"abstract":"Ongoing digital transformation combined with artificial intelligence (AI) brings serious advantages to society. Transactional opportunities knock: optimal energy use, fully autonomous machines, electronic banking, medical analysis, constant access to digital platforms. Society at large is embracing the latest wave of AI applications as being one of the most transformative forces of our time. Two developments contribute to the rise of the algorithmic society: (1) the possibilities resulting from technological advances in machine learning, and (2) the availability of data analysis using algorithms. Where the aim is to promote competitive data markets, the question arises of what benefits or harm can be brought to private individuals. Some are concerned about human dignity. They believe that human dignity may be threatened by digital traders who demonstrate an insatiable hunger for data.Through algorithms the traders may predict, anticipate and regulate future private individual, specifically consumer, behaviour. Data assembly forms part of reciprocal transactions, where these data are currency. With the deployment of AI, traders can exclude uncertainty from the automated transaction processes. The equality gap in the employment of technology to automated transactions begs the question of whether the private individual’s fundamental rights are warranted adequately. Prima facie, the consumer stands weak when she is subjected to automatic processes – no matter if it concerns day-to-day transactions, like boarding","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126123655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Responsibilities of Companies in the Algorithmic Society","authors":"H. Micklitz, A. A. Villanueva","doi":"10.1017/9781108914857.014","DOIUrl":"https://doi.org/10.1017/9781108914857.014","url":null,"abstract":"The major focus of the book is on the constitutional challenges of the algorithmic society. In the public/private divide type of thinking, such an approach puts the constitution and thereby the state into the limelight. There is a dense debate on the changing role of the nation-state in the aftermath of what is called globalization and how the transformation of the state is affecting private law and thereby private parties. This implies the question of whether the public/private divide can still serve as a useful tool to design responsibilities on both sides, public and private. If we ask for a constitutional framing of business activities in a globalized world, there are two possible approaches: the first is the external or the outer reach of national constitutions; the second the potential impact of a global constitution. Our approach is broader and narrower at the same time. It is broader as we do not look at the constitutional dimension alone, but at the public/private law below the constitution and at the role and impact on private responsibilities, it is narrower as we will neither engage in the debate on the external/outer reach of nation-state constitutions nor on the existence of a ‘Global Constitution’ or an ‘International Economic Constitution’, based on the GATT/WTO and international human rights. Such","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123837701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Race for Regulating Crypto-Finance Risks","authors":"Yaiza Cabedo","doi":"10.1017/9781108914857.013","DOIUrl":"https://doi.org/10.1017/9781108914857.013","url":null,"abstract":"","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"362 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122820979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights and Algorithmic Impact Assessment for Predictive Policing","authors":"C. Castets-Renard","doi":"10.1017/9781108914857.007","DOIUrl":"https://doi.org/10.1017/9781108914857.007","url":null,"abstract":"Artificial intelligence (AI) constitutes a major form of scientific and technological progress. For the first time in human history, it is possible to create autonomous systems capable of performing complex tasks, such as processing large quantities of information, calculating and predicting, learning and adapting responses to changing situations, and recognizing and classifying objects. For instance, algorithms, or so-called Algorithmic Decision Systems (ADS), are increasingly involved in systems used to support decision-making in many fields, such as child welfare, criminal justice, school assignment, teacher evaluation, fire risk assessment, homelessness prioritization, Medicaid benefit, immigration decision systems or risk assessment, and predictive policing, among other things. An Automated Decision(-making/-support) System (ADS) is a system that uses automated reasoning to facilitate or replace a decision-making process that would otherwise be performed by humans. These systems rely on the analysis of large amounts of data from which they derive useful information to make","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"425 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131856290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EU By-Design Regulation in the Algorithmic Society","authors":"P. V. Cleynenbreugel","doi":"10.1017/9781108914857.011","DOIUrl":"https://doi.org/10.1017/9781108914857.011","url":null,"abstract":"Algorithmic decision-making fundamentally challenges legislators and regulators to find new ways to ensure algorithmic operators and controllers comply with the law. The European Union (EU) legal order is no stranger to those challenges, as selflearning algorithms continue to develop at an unprecedented pace.One of the ways to cope with the rise of automated and self-learning algorithmic decision-making has been the introduction of by-design obligations. By-design regulation refers to the array of regulatory strategies aimed at incorporating legal requirements into algorithmic design specifications. Those specifications would have to be programmed/coded into existing or newly developed algorithms. That may be a necessity, as the European Commission in its February 2020 White Paper on Artificial Intelligence recognised the insufficiency of existing EU legislation on product safety and the protection of fundamental rights in that context. Against that background, different open questions remain as to the modalities of this kind of regulation, ranging from who is competent to how to ensure compliance with those specifications. Those obligations demand economic operators to program their algorithms in such a way as to comply with legal norms. Related to existing coregulation initiatives, by-design obligations present a new and potentially powerful","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117325949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constitutional Law in the Algorithmic Society","authors":"O. Pollicino, G. D. Gregorio","doi":"10.1017/9781108914857.002","DOIUrl":"https://doi.org/10.1017/9781108914857.002","url":null,"abstract":"Technologies have always led to turning points in society. In the past, technological developments have opened the door to new phases of growth and change, while influencing social values and principles. Algorithmic technologies fit within this framework. These technologies have contributed to introducing new ways to process vast amounts of data. In the digital economy, data and information are fundamental assets which can be considered raw materials the processing of which can generate value. Even simple pieces of data, when processed with a specific purpose and mixed with other information, can provide models and predictive answers. These opportunities have led to the rise of new applications and business models in a new phase of (digital) capitalism, as more recently defined as information capitalism. Although these technologies have positive effects on the entire society since they increase the capacity of individuals to exercise rights and freedoms, they have also led to new constitutional challenges. The opportunities afforded by algorithmic technologies clash with their troubling opacity and lack of accountability, in what","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130263658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Algorithms and Regulation","authors":"Amnon Reichman, G. Sartor","doi":"10.1017/9781108914857.009","DOIUrl":"https://doi.org/10.1017/9781108914857.009","url":null,"abstract":"Algorithms – generally understood as sequences of precise instruction unambiguously specifying how to execute a task or solve a problem – are such a natural ingredient of regulation that some may wonder whether regulation could even be understood without recognising its algorithmic features, and without realising algorithms as a prime subject for regulation. In terms of the algorithmic features of regulation, somewhat simplistically and without suggesting in any way that the algorithmic language captures regulation in its entirety – far from it – algorithms are relevant to the three dimensions of regulation: the regulatory process, the modalities of regulation, and the regulatory approaches (or attitudes). By the regulatory process, we refer to the process that, stylistically, commences with political and economic pressures to find a solution to a certain problem and continues with the formation of policy goals, data gathering, and the mapping of possible regulatory responses to achieve these goals (which ought to include the sub-processes of regulatory impact assessment upon choosing the preferred measure). The chosen measures are translated into regulatory norms and implemented (or enforced), resulting, if all went well, with some improvement of the conditions related to the initial social problem (as can be analysed by a back-end regulatory impact assessment). By regulatory modalities, we mean the set of regulatory measures available to the state (or, more accurately, to state agencies acting as regulators): regulation through (and of) information, permits and licensing, civil, administrative and criminal liability, taxes and subsidies, or insurance schemes. By regulatory approaches, or attitudes, we mean the top-down command and control attitude, performance-based regulation, and themanagerial approach, with the latter two also including co-regulation or private regulation. Algorithms are relevant to all three dimensions of regulation, as they may assist most, if not all, stages of the regulatory process, may inform or even be a component of the regulatory modalities, and may similarly inform and be integrated into the regulatory attitudes. Conversely, algorithms may be the subject matter of regulation.","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131761771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Algorithmic Law: Law Production by Data or Data Production by Law?","authors":"María J Catanzariti","doi":"10.1017/9781108914857.006","DOIUrl":"https://doi.org/10.1017/9781108914857.006","url":null,"abstract":"Online human interactions are a continuous matching of data that affects both our physical and virtual life. How data are coupled and aggregated is the result of what algorithms constantly do through a sequence of computational steps that transform the input into the output. In particular, machine learning techniques are based on algorithms that identify patterns in datasets. The paper explores how algorithmic rationality may fit into Weber’s conceptualization of legal rationality. It questions the idea that technical disintermediation may achieve the goal of algorithmic neutrality and objective decision-making. It argues that such rationality is represented by surveillance purposes in the broadest meaning. Algorithmic surveillance reduces the complexity of reality calculating the probability that certain facts happen on the basis of repeated actions. Algorithms shape human behaviour, codifying situations and facts, stigmatizing groups rather than individuals, and learning from the past: predictions may lead to static patterns that recall the idea of caste societies, in which the individual potential of change and development is far from being preserved. The persuasive power of algorithms (the so-called nudging) largely consists of small changes aimed at predicting social behaviours that are expected to be repeated in time. This boost in the long run builds a model of antisocial mutation, where actions are oriented. Against such a backdrop, the role of law and legal culture is relevant for individual emancipation and social change in order to frame a model of data production by law. This chapter is divided into four sections: the first part describes commonalities and differences between legal bureaucracy and algorithms, the second part examines the linkage between a datadriven model of law production and algorithmic rationality, the third part shows the different perspective of the socio-legal approach to algorithmic regulation, and the fourth section questions the idea of law production by data as a product of legal culture.","PeriodicalId":183658,"journal":{"name":"Constitutional Challenges in the Algorithmic Society","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121405976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}