Articles for category: The Rule of Law versus the Rule of the Algorithm

Our Minds, Monitored and Manipulated

Well-functioning democracies require a well-informed citizenry, an open social and political discourse and absence of opaque or deceitful influence. Western democracies have however always been prone to power asymmetries and to coercion and the curbing of these freedoms through oppression and propaganda. Adoption of AI and datafication has raised concerns whether society is sliding into an Orwellian nightmare, where all of our actions are being scrutinized, controlled and manipulated at a scale that has never been possible before. So, what is it exactly that makes this time so different?

Artificial Intelligence Must Be Used According to the Law, or Not at All

Democracy requires to strengthen the Rule of Law wherever public or private actors use algorithmic systems. The law must set out the requirements on AI necessary in a democratic society and organize appropriate accountability and oversight. To this end, the European Commission made several legislative proposals. In addition to the discussion on how to use algorithmic systems lawfully, the question when it is beneficial to use them deserves more attention.

The Rule of Law versus the Rule of the Algorithm

When we chose the title of this symposium, we thought it might be controversial. We expected that at least some of the authors would argue that algorithmic threats to the rule of law were solvable, or that responsibly-implemented algorithms could even help the delivery of justice. None of the experts did. In the series of articles which we will present to you in the next days, we find no techno-optimism. That should give everybody pause - especially to the advocates in favour of algorithmic solutions for every problem.