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| 2. |
- Colonna, Liane, et al.
(författare)
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WASP-HS Community Reference Meeting: Challenges and Opportunities of Regulating AI
- 2022
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- Main Findings:AI systems are increasingly being used to shift decisions made by humans over to automated systems, potentially limiting the space for democratic participation. The risk that AI erodes democracy is exacerbated where most people are excluded from the ownership and production of AI technologies that will impact them.AI learns through datasets but, very often, that data excludes key parts of the population. Where marginalized groups are considered, datasets often contain derogatory terms, or exclude explanatory contextual information, that is hard to accurately categorise in a format that AI can process. Resulting biases within AI design raise concerns as to the quality and representativeness of AI-based decisions and their impact on society.There is very little two-way communication between the developers and users of AI-technologies such that the latter function only as personal data providers. Being largely excluded from the development of AI’s role in human decision-making, everyday individuals may feel more marginalized and disinterested in building a healthy and sustainable society.Yet, AI’s capacity for seeing patterns in big data provides new ways to reach parts of the population excluded from traditional policymaking. It can serve to identify structural discrimination and include information from those otherwise ignored in important decisions. AI could enhance public participation by both providing decision-makers with better data and helping to communicate complex decisions – and their consequences – to wider parts of the population.
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| 3. |
- Razmetaeva, Yulia, et al.
(författare)
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AI-Based Decisions and Disappearance of Law
- 2022
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Ingår i: Masaryk University Journal of Law and Technology. - : Masaryk University Press. - 1802-5943 .- 1802-5951. ; 16:2, s. 241-267
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Tidskriftsartikel (refereegranskat)abstract
- Based on the philosophical anthropology of Paul Ricoeur, the article examines, using the example of AI-based decisions, how the concept of responsibility changes under the influence of artificial intelligence, what a reverse effect this conceptual shift has on our moral experience in general, and what consequences it has for law. The problem of AI-based decisions is said to illustrate the general trend of transformation of the concept of responsibility, which consists in replacing personal responsibility with a system of collective insurance against risks and disappearing of the capacity for responsibility from the structure of our experience, which, in turn, makes justice and law impossible.
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| 4. |
- Razmetaeva, Yulia
(författare)
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Algorithms in The Courts : Is There any Room For a Rule of Law?
- 2022
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Ingår i: Access to Justice in Eastern Europe. - : EAST EUROPEAN LAW RESEARCH CENTER. - 2663-0575 .- 2663-0583. ; 5:4, s. 87-100
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Tidskriftsartikel (refereegranskat)abstract
- The rule of law is one of the fundamental pillars, along with human rights and democracy, which are affected by digitalisation today. Digital technologies used for the victory of populism, the manipulation of opinions, attacks on the independence of judges, and the general instrumentalisation of the law contribute significantly to the onset of negative consequences for the rule of law. Particularly dangerous are the far-reaching consequences of the algorithmisation of decision-making, including judicial decisions.The theoretical line of this research is based on the axiological method since the rule of law, democracy, and human rights are not only the foundations of legal order, but also values recognised in many societies and supported at the individual level. The study also relied on the phenomenological method in terms of assessing the experience of being influenced by digital technologies in public and private life. The practical line of research is based on the analysis of cases of the European Court of Human Rights and the Court of Justice to illustrate the changes in jurisprudence influenced by digitalisation.This article argues that the potential weakening of the rule of law could be related to the impact of certain technologies itself, and to their impact on certain values and foundations which is significantly aggravated.Judicial independence is affected since the judges are involved in digital interactions and are influenced by technologies along personal and public lines. That technologies often belong private sector but are perceived as neutral and infallible, which is highly predictive of court decisions. This leads to a distortion of the essence of legal certainty and a shift of trust from the courts to certain technologies and their creators.The possibility of algorithmic decision-making raises the question of whether the results will be fairer, or at least as fair, as those handed down by human judges. This entails two problems, the first of which is related to the task of interpreting the law and the second of which involves the need to explain decisions. Algorithms, often perceived as reliable, are not really capable of interpreting the law, and their ability to provide proper explanations for decisions or understand context and social practices is questionable. Even partial reliance on algorithms should be limited, given the growing inability to draw a line between the human and algorithmic roles in decision-making and determine who should be responsible for the decision and to what extent.
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| 5. |
- Razmetaeva, Yulia
(författare)
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Opinions and Algorithms : Trust, Neutrality and Legitimacy
- 2022
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Ingår i: Filosofiya prava i zahalʹna teoriya prava [Philosophy of law and general theory of law]. - : Yaroslav Mudryi National Law University. - 2227-7153 .- 2707-7039. ; 1, s. 80-94
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Tidskriftsartikel (refereegranskat)abstract
- The article is devoted to opinions and algorithms in the digital age, with a focus on how the manipulation of the former while using the latter affects trust and legitimacy. In addition, some attention is paid to the issue of neutrality, both in relation to unbiased opinions and in relation to unbiased technologies. The article raises questions about whether we can be self-determining and self-governing agents, especially in terms of how we make decisions and what opinions we trust, if we are skillfully led to this by algorithms or those behind them.Considering that not only corporations, but also governments today use technologies to influence our preferences and opinions, issues of autonomy and personal interests are touched upon, as well as the problem of nudging for certain behaviors that are defined as the best for people, including in a paternalistic sense. The article argues that the merging of everyday life with digital spaces and algorithmization form our experience as a fundamentally new one and does not contribute to the ability to separate imposed interests from really our own.The questions of how power and legitimacy are redistributed in a digital society dependent on algorithms are discussed in this study. It has been suggested that the impact on our preferences and management of them, when someone try to sell us certain opinions, may be more dangerous than selling us goods and services, since it destroys institutional and interpersonal trust and contributes to the erosion of public institutions. The study shows how some technologies, primarily algorithmic ones, which are not neutral either in their essence or in the way they are used by their creators and owners, contribute to growing addiction and impoverish human interaction and the ability to form meanings.
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| 6. |
- Razmetaeva, Yulia, et al.
(författare)
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The Concept of Human Rights in the Digital Era : Changes and Consequences for Judicial Practice
- 2022
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Ingår i: Access to Justice in Eastern Europe. - : East-European Law Research Center. - 2663-0575 .- 2663-0583. ; 3:15, s. 41-56
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Tidskriftsartikel (refereegranskat)abstract
- Background: The digital age has led to conceptual changes in human rights and their content, understanding, implementation, and protection. Discussions about expanding the range of both addressees and subjects of human rights are a consequence and, at the same time, a breeding ground for change. New challenges for rights related to technological development, the increasing influence of companies and organisations, the growing use of solutions based on artificial intelligence, and the habit of relying on such solutions have led to the need for a substantial revision of such aspects as the content of individual rights and their catalogue, the definition of the fourth generation of rights as bio-information, and the clarification of the concept of digital rights. Digitalisation, which in a broad sense represents the legal, political, economic, cultural, social, and political changes caused by the use of digital tools and technologies, covers the private and public spheres, revives our understanding of and research into human rights in a horizontal dimension, and influences the revision of their anthropological foundations. Methods: The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception, as well as to apply in-depth study and interpretation of legal texts. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was used to highlight the bio-information generation of human rights as the fourth generation of rights, as well as some scientific predictions in the field of human rights.Results and conclusions: The article argues that it is necessary to change our approach to human rights in the digital era, to widen the circle of addressees of human rights obligations to include companies and organisations, and to be ready potentially recognise artificial intelligence as a subject in public relations and fundamental rights. The term ‘spectrum of algorithm-based digital technologies’ is proposed, which can more accurately describe those phenomena that are covered by the synonymous terms ‘artificial intelligence’ and ‘algorithm’. The article proposes to consider digital rights in three dimensions, as well as to take into account the subtle structural consequences of changing the concept of human rights in the digital era for judicial practice.
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