Governmental Automated Decision-Making and Human Rights

Governmental Automated Decision-Making and Human Rights

Author: Stefan Schäferling

Publisher: Springer Nature

Published: 2024-01-08

Total Pages: 312

ISBN-13: 3031481259

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With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.


Regulating Artificial Intelligence

Regulating Artificial Intelligence

Author: Thomas Wischmeyer

Publisher: Springer Nature

Published: 2019-11-29

Total Pages: 391

ISBN-13: 3030323617

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This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.


The Oxford Handbook of Comparative Administrative Law

The Oxford Handbook of Comparative Administrative Law

Author: Peter Cane

Publisher: Oxford University Press, USA

Published: 2021-01-17

Total Pages: 1169

ISBN-13: 0198799985

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In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.


The Cambridge Handbook of the Law of Algorithms

The Cambridge Handbook of the Law of Algorithms

Author: Woodrow Barfield

Publisher: Cambridge University Press

Published: 2020-11-05

Total Pages: 1327

ISBN-13: 1108663184

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Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.


Life 3.0

Life 3.0

Author: Max Tegmark

Publisher: Vintage

Published: 2017-08-29

Total Pages: 385

ISBN-13: 1101946601

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New York Times Best Seller How will Artificial Intelligence affect crime, war, justice, jobs, society and our very sense of being human? The rise of AI has the potential to transform our future more than any other technology—and there’s nobody better qualified or situated to explore that future than Max Tegmark, an MIT professor who’s helped mainstream research on how to keep AI beneficial. How can we grow our prosperity through automation without leaving people lacking income or purpose? What career advice should we give today’s kids? How can we make future AI systems more robust, so that they do what we want without crashing, malfunctioning or getting hacked? Should we fear an arms race in lethal autonomous weapons? Will machines eventually outsmart us at all tasks, replacing humans on the job market and perhaps altogether? Will AI help life flourish like never before or give us more power than we can handle? What sort of future do you want? This book empowers you to join what may be the most important conversation of our time. It doesn’t shy away from the full range of viewpoints or from the most controversial issues—from superintelligence to meaning, consciousness and the ultimate physical limits on life in the cosmos.


Constitutional Challenges in the Algorithmic Society

Constitutional Challenges in the Algorithmic Society

Author: Hans-W. Micklitz

Publisher: Cambridge University Press

Published: 2021-12-02

Total Pages: 341

ISBN-13: 1108906923

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New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.


New Technologies for Human Rights Law and Practice

New Technologies for Human Rights Law and Practice

Author: Molly K. Land

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 333

ISBN-13: 1316843874

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New technological innovations offer significant opportunities to promote and protect human rights. At the same time, they also pose undeniable risks. In some areas, they may even be changing what we mean by human rights. The fact that new technologies are often privately controlled raises further questions about accountability and transparency and the role of human rights in regulating these actors. This volume - edited by Molly K. Land and Jay D. Aronson - provides an essential roadmap for understanding the relationship between technology and human rights law and practice. It offers cutting-edge analysis and practical strategies in contexts as diverse as autonomous lethal weapons, climate change technology, the Internet and social media, and water meters. This title is also available as Open Access.