![]() ![]() ![]() Technol Regul:31–34Ĭohen JE (2019) Between truth and power: the legal constructions of informational capitalism. Int Rev Law Comput Technol 33(1):76–99Ĭoeckelbergh M (2019) Artificial intelligence: some ethical issues and regulatory challenges. Proc Mach Learn Res Conf Fairness Account Transpar 81:1–15Ĭeleste E (2019) Digital constitutionalism: a new systematic theorisation. Schiavi, animali, macchine, Intelligenza Artificiale, il Mulinoīuolamwini J, Gebru T (2018) Gender shades: intersectional accuracy disparities in commercial gender classification. Nature 16(1):569īodei R (2019) Dominio e sottomissione. Law Innov Technol 10(2):295–313īenkler Y (2019) Don’t let industry write the rules for AI. Cornell Int Law J:279īayamlıoğlu E, Leenes R (2018) The ‘rule of law’ implications of data-driven decision-making: a techno-regulatory perspective. Oxford University Pressīakant J (2015) The invisible hand of law: private regulation and the rule of law. Oxford University PressĪustin LM, Klimchuk D (2014) Private law and the rule of law. Oxford University PressĪustin (2014) The Power of the Rule of Law, in: Austin L., Klimchuk D. In: Austin LM, Klimchuk D (eds) Private law and the rule of law. Association for Computing Machinery, New York, NY, USA, pp 13–21Īllan TRS (2014) The rule of law as the rule of private law. In: Proceedings of the 14th ACM International Conference on Web Search and Data Mining (WSDM ’21). The paper concludes with the need to re-evaluate the State’s power to limit private freedom and interfere in parties’ autonomy in cases where fundamental rights are seriously at stake.Īli M et al (2021) Ad delivery algorithms: the hidden arbiters of political messaging. ![]() This value, on one side, creates legal guardrails around private self-regulation of online platforms, and on the other side, it secures the respect of fundamental rights of users from algorithmic profiling by online platforms. ![]() Conversely, it also discusses the relevance of the rule of law for private law relationships in its function of stronghold for the protection of fundamental rights. right to privacy, right to not be discriminated, freedom of expression) and for the self-appointed power of online platforms to self-regulate their contractual relationships with users, in the digital markets. This paper aims to prospectively assess the duplicitous relevance that algorithmic profiling has for the protection of fundamental rights from a private law perspective (e.g. online platforms) have obtained a super-dominant position both in the collection of data and development of the technology, in the digital (eco)systems in which they operate. In particular, with the flare-up in recent years in the use of machine learning algorithms to profile online users (in order to predict their behaviour and tailor recommendations and searches to their preferences), private actors (i.e. The rule of law does not concern only the regulation of powers and arbitrariness between individuals and the State, but it operates also in the relationships between private individuals. This paper departs from this understanding and suggests that this presumption is a misperception. However, there is a consensus (albeit implicit) that the rule of law is essentially a public law concept, of only marginal concern to private law. Different accounts connect various core elements-‘ desiderata’-under this universally recognised concept. The rule of law is an elusive concept, and its fluidity lends itself to multiple interpretations. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |