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Constitutional challenges in the algorithmic society [electronic resource] / edited by Hans Wolfgang Micklitz, European University Institute, Florence; Oreste Pollicino, Bocconi University; Amnon Reichman, University of California, Berkeley; Andrea Simoncini, University of Florence; Giovanni Sartor, European University Institute, Florence; Giovanni De Gregorio, Bocconi University

Published:
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
Physical Description:
1 online resource
Additional Creators:
De Gregorio, Giovanni, Micklitz, Hans-W., Pollicino, Oreste, Reichman, Amnon, 1967-, Sartor, Giovanni, and Simoncini, Andrea (Law professor)
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Contents:
Oreste Pollicino and Giovanni De Gregorio, Constitutional law in the algorithmic society -- Andrea Simoncini and Erik Longo, Fundamental rights and the rule of law in the algorithmic society by law? -- Celine Castest-Renard, Human rights and algorithmic impact assessment for predictive policing -- Francesca Galli, Law enforcement and data-driven predictions at the national and EU level : a challenge to the presumption of innocence and reasonable suspicion? -- Amnon Reichman and Giovanni Sartor, Algorithms and regulation -- Angela Daly, Thilo Hagendorff, Li Hui, Monique Mann, Vidushi Marda, Ben Wagner, Wayne Wei Wang, Artificial Intelligence, governance and ethics : global perspectives -- Pieter Vancleynenbreugel, EU by-design regulation in the algorithmic society : promising way forward or constitutional nightmare in-the-making? -- Henrik Palmer Olsen, Jacob Livingston Slosser and Thomas Troels Hildebrandt, What's in the box? The legal requirement of explainability in computationally, eided decision-making in public ddministration -- Yaiza Cabedo, The international regulatory race for protecting investors from crypto-finance risks -- Hans W. Micklitz and Anne Aurelie Villanueva, Responsibilities of companies in the algorithmic society -- Serge Gijrath, Consumer law as a tool to regulate adverse consequences of AI output -- Federica Casarosa, When the algorithm is not fully reliable : the collaboration between technology and humans in the fight against hate speech -- Pietro Sirena and Francesco Paolo Patti, Smart contracts and automation of private relationships.
Summary:
"Technologies have always led to turning points for social development. In the past, different technologies have opened the doors towards new phase of growth and change while influencing social values and principles. Algorithmic technologies fit within this framework. Although these technologies have positive effects for the entire society by increasing the capacity of individuals to exercise rights and freedoms, they have also led to new constitutional challenges. The opportunities of new algorithmic technologies clash with the troubling opacity and lack of accountability. We believe that constitutional law plays a critical role to address the challenges of the algorithmic society. New technologies have always challenged, if not disrupted, the social, economic legal and, to an extent, the ideological status quo. Such transformations impact constitutional values, as the state formulates its legal response to the new technologies based on constitutional principles which meet market dynamics, and as it considers its own use of technologies in light of the limitation imposed by constitutional safeguards. The primary goal of this chapter is to introduce the constitutional challenges coming from the rise of the algorithmic society. The first part of this work examines the challenges for fundamental rights and democratic values with a specific focus on the right to freedom of expression, privacy and data protection. The second part looks at the role of constitutional law in relation to the regulation and policy of the algorithmic society. The third part examines the role and responsibilities of private actors underlining the role of constitutional law in this field. The fourth part deals with the potential remedies which constitutional law can provide to face the challenges of the information society"--
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ISBN:
9781108914857 (ebook)
9781108823890 (paperback)
9781108843126 (hardback)
Terms of Use and Reproduction:
Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode
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