Pub Date : 2022-03-21DOI: 10.1080/13600834.2022.2054076
V. Raposo
ABSTRACT Facial recognition technology is a state-of-the-art digital tool widely used by private and public entities. Its benefits are notable, but the challenges that it presents cannot be overlooked, as this paper will expose. In Europe, a major challenge is ensuring compliance with the General Data Protection Regulation, starting with the search of a proper legal ground for data processing and the identification of an adequate exception to allow the processing of biometric data. The implementation of security measures and the risks associated with data transfer to third countries must also be considered. A further issue is the reliability of facial recognition technology, which relates to data accuracy. These challenges are substantial, but they are not insurmountable. More comprehensive and in-depth knowledge of the legal intricacies of the General Data Protection Regulation, more secure and transparent data-processing procedures, and full acknowledgement of the technology’s limitations might provide a liability shield.
{"title":"(Do not) remember my face: uses of facial recognition technology in light of the general data protection regulation","authors":"V. Raposo","doi":"10.1080/13600834.2022.2054076","DOIUrl":"https://doi.org/10.1080/13600834.2022.2054076","url":null,"abstract":"ABSTRACT Facial recognition technology is a state-of-the-art digital tool widely used by private and public entities. Its benefits are notable, but the challenges that it presents cannot be overlooked, as this paper will expose. In Europe, a major challenge is ensuring compliance with the General Data Protection Regulation, starting with the search of a proper legal ground for data processing and the identification of an adequate exception to allow the processing of biometric data. The implementation of security measures and the risks associated with data transfer to third countries must also be considered. A further issue is the reliability of facial recognition technology, which relates to data accuracy. These challenges are substantial, but they are not insurmountable. More comprehensive and in-depth knowledge of the legal intricacies of the General Data Protection Regulation, more secure and transparent data-processing procedures, and full acknowledgement of the technology’s limitations might provide a liability shield.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"45 - 63"},"PeriodicalIF":1.5,"publicationDate":"2022-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48102361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-06DOI: 10.1080/13600834.2021.1998954
Khushboo Bhatia
ABSTRACT Private commercialization is making broadband internet accessible through a new frontier: space. Space Exploration Holdings, LLC (SpaceX), is launching a mega-constellation of thousands of small-satellites into low-Earth orbit to provide fixed-satellite service across the globe. In order to do so, SpaceX was required to receive a license from the Federal Communications Commission (FCC). The licensing regime is part of a larger international regulatory framework based on five governing treaties – the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, and the Moon Treaty. Compliance with these treaties is managed through the International Telecommunications Union (ITU) an agency of the United Nations. In this instance, the FCC’s domestic licensing processes ensure compliance by the United States to the ITU’s procedures and the treaties. The role of the FCC in maintaining these regulatory operations may, however, introduce risks to consumer privacy. This paper explores the tension between government regulation of information and communication technologies, specifically, small satellite mega-constellations and the right to privacy under the Fourth Amendment of the United States Constitution.
{"title":"Starlinked! An analysis of SpaceX’s small satellite mega-constellation under the Fourth Amendment","authors":"Khushboo Bhatia","doi":"10.1080/13600834.2021.1998954","DOIUrl":"https://doi.org/10.1080/13600834.2021.1998954","url":null,"abstract":"ABSTRACT Private commercialization is making broadband internet accessible through a new frontier: space. Space Exploration Holdings, LLC (SpaceX), is launching a mega-constellation of thousands of small-satellites into low-Earth orbit to provide fixed-satellite service across the globe. In order to do so, SpaceX was required to receive a license from the Federal Communications Commission (FCC). The licensing regime is part of a larger international regulatory framework based on five governing treaties – the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, and the Moon Treaty. Compliance with these treaties is managed through the International Telecommunications Union (ITU) an agency of the United Nations. In this instance, the FCC’s domestic licensing processes ensure compliance by the United States to the ITU’s procedures and the treaties. The role of the FCC in maintaining these regulatory operations may, however, introduce risks to consumer privacy. This paper explores the tension between government regulation of information and communication technologies, specifically, small satellite mega-constellations and the right to privacy under the Fourth Amendment of the United States Constitution.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"1 - 22"},"PeriodicalIF":1.5,"publicationDate":"2022-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41538973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-21DOI: 10.1080/13600834.2021.2018760
Zhen Chen
ABSTRACT A foreign business is subject to consumer jurisdiction and applicable law rules provided in Articles 17–19 Brussels Ibis Regulation and Article 6 Rome I Regulation only if it conducts commercial activities targeted at the consumer’s home country. This paper aims to answer the question what constitutes targeting activity test, especially in the context of the Internet and E-commerce, for the purpose of applying such pro-consumer private International law rules. To this end, it is necessary to examine the non-exhaustive list of factors given by the CJEU in the influential Pammer and Hotel Alpenhof judgment. This paper argues that no single factor is decisive, instead, an overall assessment should be conducted. Moreover, the targeting test should perhaps be supplemented by the dis-targeting test, which focuses more on the ring-fence mechanism. In this regard, apart from asking consumers individually about their whereabouts, it can be done by exploiting geo-location and geo-blocking technologies to technologically block unsolicited consumers.
{"title":"Internet, consumer contracts and private international law: what constitutes targeting activity test?","authors":"Zhen Chen","doi":"10.1080/13600834.2021.2018760","DOIUrl":"https://doi.org/10.1080/13600834.2021.2018760","url":null,"abstract":"ABSTRACT A foreign business is subject to consumer jurisdiction and applicable law rules provided in Articles 17–19 Brussels Ibis Regulation and Article 6 Rome I Regulation only if it conducts commercial activities targeted at the consumer’s home country. This paper aims to answer the question what constitutes targeting activity test, especially in the context of the Internet and E-commerce, for the purpose of applying such pro-consumer private International law rules. To this end, it is necessary to examine the non-exhaustive list of factors given by the CJEU in the influential Pammer and Hotel Alpenhof judgment. This paper argues that no single factor is decisive, instead, an overall assessment should be conducted. Moreover, the targeting test should perhaps be supplemented by the dis-targeting test, which focuses more on the ring-fence mechanism. In this regard, apart from asking consumers individually about their whereabouts, it can be done by exploiting geo-location and geo-blocking technologies to technologically block unsolicited consumers.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"23 - 44"},"PeriodicalIF":1.5,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49334837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-31DOI: 10.1080/13600834.2021.1998955
Josephine Bhavani Rajendra, Ambikai S. Thuraisingam
ABSTRACT Artificial Intelligence (AI) is reshaping the way legal services are delivered, which includes arbitrators in Alternative Dispute Resolution (ADR) proceedings. This trend is being accelerated by the coronavirus (COVID-19) pandemic, with many disputes being conducted online. Previously, legal tasks have usually been associated with human lawyers; however, increasingly autonomous computer systems may soon replace arbitrators in the delivery of legal services in ADR proceedings. This article evaluates the extent to which the deployment of AI may augment arbitrators in ADR proceedings and provides an analysis of how much legal work may be effectively performed by AI in ADR proceedings. The central focus is on the capabilities of AI systems against human arbitrators and the requirement for human intervention and supervision of AI systems deployed in ADR proceedings. This article extends the debate on AI and arbitrators where the focus is on the augmentation of legal services in ADR with AI systems and the implications therein. The doctrinal approach is employed to conduct the study. The primary objective of this article is to evaluate the extent to which the deployment of AI systems may augment the efficiency and productivity of legal services in ADR and to highlight the proposed recommendations.
{"title":"The deployment of artificial intelligence in alternative dispute resolution: the AI augmented arbitrator","authors":"Josephine Bhavani Rajendra, Ambikai S. Thuraisingam","doi":"10.1080/13600834.2021.1998955","DOIUrl":"https://doi.org/10.1080/13600834.2021.1998955","url":null,"abstract":"ABSTRACT Artificial Intelligence (AI) is reshaping the way legal services are delivered, which includes arbitrators in Alternative Dispute Resolution (ADR) proceedings. This trend is being accelerated by the coronavirus (COVID-19) pandemic, with many disputes being conducted online. Previously, legal tasks have usually been associated with human lawyers; however, increasingly autonomous computer systems may soon replace arbitrators in the delivery of legal services in ADR proceedings. This article evaluates the extent to which the deployment of AI may augment arbitrators in ADR proceedings and provides an analysis of how much legal work may be effectively performed by AI in ADR proceedings. The central focus is on the capabilities of AI systems against human arbitrators and the requirement for human intervention and supervision of AI systems deployed in ADR proceedings. This article extends the debate on AI and arbitrators where the focus is on the augmentation of legal services in ADR with AI systems and the implications therein. The doctrinal approach is employed to conduct the study. The primary objective of this article is to evaluate the extent to which the deployment of AI systems may augment the efficiency and productivity of legal services in ADR and to highlight the proposed recommendations.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"31 1","pages":"176 - 193"},"PeriodicalIF":1.5,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44155074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-06DOI: 10.1080/13600834.2021.1988321
M. Dizon, Philip McHugh
ABSTRACT This article examines the laws that apply to encryption in New Zealand. Specifically, it analyses the different types of law that constitute an encryption legal framework in the country, namely: export control, substantive cybercrime, criminal procedure, human rights, and information security and data protection. The article then utilises the encryption laws and legal framework to evaluate a proposal by the Five Eyes intelligence alliance to regulate the use of end-to-end encryption in messaging services. The article concludes that the proposal is incompatible with the country's encryption legal framework.
{"title":"Encryption laws and regulations in one of the Five Eyes: the case of New Zealand","authors":"M. Dizon, Philip McHugh","doi":"10.1080/13600834.2021.1988321","DOIUrl":"https://doi.org/10.1080/13600834.2021.1988321","url":null,"abstract":"ABSTRACT This article examines the laws that apply to encryption in New Zealand. Specifically, it analyses the different types of law that constitute an encryption legal framework in the country, namely: export control, substantive cybercrime, criminal procedure, human rights, and information security and data protection. The article then utilises the encryption laws and legal framework to evaluate a proposal by the Five Eyes intelligence alliance to regulate the use of end-to-end encryption in messaging services. The article concludes that the proposal is incompatible with the country's encryption legal framework.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"31 1","pages":"220 - 239"},"PeriodicalIF":1.5,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44912963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-23DOI: 10.1080/13600834.2021.1982192
Firas Kasassbeh
ABSTRACT Several laws and conventions regulate the relationship between the producers and distributors of good and services and the consumers; their main objective is to protect the consumer against being taken advantage when dealing with professionals. However, protection of copyright or information consumers is handled through the copyright laws, although such laws are formulated to protect the rights holders, not the i-consumers. Hence, this study investigates the status of i-consumers under the copyright law and the difficulties they encounter, especially in light of technological developments affecting i-consumers’ rights and the spread of information. It examines three areas: (1) the problem of protecting the i-consumer under the copyright law, (2) ways in which the emergence of technological techniques affects such protection, and (3) the need to implement i-consumer protection in the copyright law and the role that the legislature, the judiciary, and the jurists can play in achieving this goal.
{"title":"The dilemma of information consumers’ protection under the copyright law: the problem and possible reforms","authors":"Firas Kasassbeh","doi":"10.1080/13600834.2021.1982192","DOIUrl":"https://doi.org/10.1080/13600834.2021.1982192","url":null,"abstract":"ABSTRACT Several laws and conventions regulate the relationship between the producers and distributors of good and services and the consumers; their main objective is to protect the consumer against being taken advantage when dealing with professionals. However, protection of copyright or information consumers is handled through the copyright laws, although such laws are formulated to protect the rights holders, not the i-consumers. Hence, this study investigates the status of i-consumers under the copyright law and the difficulties they encounter, especially in light of technological developments affecting i-consumers’ rights and the spread of information. It examines three areas: (1) the problem of protecting the i-consumer under the copyright law, (2) ways in which the emergence of technological techniques affects such protection, and (3) the need to implement i-consumer protection in the copyright law and the role that the legislature, the judiciary, and the jurists can play in achieving this goal.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"31 1","pages":"155 - 175"},"PeriodicalIF":1.5,"publicationDate":"2021-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43106850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-02DOI: 10.1080/13600834.2021.1918321
David E. Missirian
ABSTRACT The modern day use of emojis and emoticons has become so prevalent that it is now a new language and form of communication which must be legally acknowledged and integrated into our legal system. Our failure to anticipate and incorporate new modes and methods of communication will ultimately make our legal system less responsive to our society’s needs and further the divide between our society and legal norms. The question we must be able to answer is: ‘How about Dinner?’ Answer: ‘’. Is there a consensus on what we just agreed to? If we are to acknowledge this new language, how are we to deal with the fact that the meanings of emojis and emoticons can differ between individual, context and country?
{"title":"Question: ‘how about dinner?’ Answer: ‘’ what have you just agreed to?","authors":"David E. Missirian","doi":"10.1080/13600834.2021.1918321","DOIUrl":"https://doi.org/10.1080/13600834.2021.1918321","url":null,"abstract":"ABSTRACT The modern day use of emojis and emoticons has become so prevalent that it is now a new language and form of communication which must be legally acknowledged and integrated into our legal system. Our failure to anticipate and incorporate new modes and methods of communication will ultimately make our legal system less responsive to our society’s needs and further the divide between our society and legal norms. The question we must be able to answer is: ‘How about Dinner?’ Answer: ‘’. Is there a consensus on what we just agreed to? If we are to acknowledge this new language, how are we to deal with the fact that the meanings of emojis and emoticons can differ between individual, context and country?","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"30 1","pages":"354 - 362"},"PeriodicalIF":1.5,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43529732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-30DOI: 10.1080/13600834.2022.2088062
Leon Y. Xiao
ABSTRACT Loot boxes are virtual items in video games that players purchase to obtain randomised rewards of varying value. Such randomised monetisation methods are prevalently implemented globally. Loot boxes are conceptually and structurally akin to gambling, and their purchase is positively correlated with problem gambling in Western countries. Given the potential harms loot boxes may cause, particularly to vulnerable consumers, e.g. children, regulators and policymakers are paying increasing attention. Some countries, e.g. Belgium, have actively enforced existing gambling laws to ban certain loot box implementations. However, less restrictive regulatory approaches, e.g. requiring probability disclosures, are also being considered. Amendments to existing law and new laws dedicated to regulating loot boxes are likely forthcoming in many countries. Companies’ discretionary and suboptimal compliance with loot box probability disclosure law in the People’s Republic of China reveals how future loot box laws and industry self-regulations should be better drafted to ensure maximum consumer protection.
{"title":"Drafting video game loot box regulation for dummies: a Chinese lesson","authors":"Leon Y. Xiao","doi":"10.1080/13600834.2022.2088062","DOIUrl":"https://doi.org/10.1080/13600834.2022.2088062","url":null,"abstract":"ABSTRACT Loot boxes are virtual items in video games that players purchase to obtain randomised rewards of varying value. Such randomised monetisation methods are prevalently implemented globally. Loot boxes are conceptually and structurally akin to gambling, and their purchase is positively correlated with problem gambling in Western countries. Given the potential harms loot boxes may cause, particularly to vulnerable consumers, e.g. children, regulators and policymakers are paying increasing attention. Some countries, e.g. Belgium, have actively enforced existing gambling laws to ban certain loot box implementations. However, less restrictive regulatory approaches, e.g. requiring probability disclosures, are also being considered. Amendments to existing law and new laws dedicated to regulating loot boxes are likely forthcoming in many countries. Companies’ discretionary and suboptimal compliance with loot box probability disclosure law in the People’s Republic of China reveals how future loot box laws and industry self-regulations should be better drafted to ensure maximum consumer protection.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"31 1","pages":"343 - 381"},"PeriodicalIF":1.5,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46186325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1080/13600834.2021.1994220
Lachlan D. Urquhart, Diana Miranda
ABSTRACT In this paper, we discuss the present and future uses of intelligent facial surveillance (IFS) in law enforcement. We present an empirical and legally focused case study of live automated facial recognition technologies (LFR) in British policing. In Part I, we analyse insights from 26 frontline police officers exploring their concerns and current scepticism about LFR. We analyse recent UK case law on LFR use by police which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we consider frontline officers’ optimism around future uses of LFR and explore emerging forms of IFS, namely emotional AI (EAI) technologies. A key novelty of the paper is our analysis on how the proposed EU AI Regulation (AIR) will shape future uses of IFS in policing. AIR makes LFR a prohibited form of AI and EAI use by law enforcement will be regulated as high-risk AI that has to comply with new rules and design requirements. Part III presents a series of 10 practical lessons, drawn from our reflections on the legal and empirical perspectives. These aim to inform any future law enforcement use of IFS in the UK and beyond.
{"title":"Policing faces: the present and future of intelligent facial surveillance","authors":"Lachlan D. Urquhart, Diana Miranda","doi":"10.1080/13600834.2021.1994220","DOIUrl":"https://doi.org/10.1080/13600834.2021.1994220","url":null,"abstract":"ABSTRACT In this paper, we discuss the present and future uses of intelligent facial surveillance (IFS) in law enforcement. We present an empirical and legally focused case study of live automated facial recognition technologies (LFR) in British policing. In Part I, we analyse insights from 26 frontline police officers exploring their concerns and current scepticism about LFR. We analyse recent UK case law on LFR use by police which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we consider frontline officers’ optimism around future uses of LFR and explore emerging forms of IFS, namely emotional AI (EAI) technologies. A key novelty of the paper is our analysis on how the proposed EU AI Regulation (AIR) will shape future uses of IFS in policing. AIR makes LFR a prohibited form of AI and EAI use by law enforcement will be regulated as high-risk AI that has to comply with new rules and design requirements. Part III presents a series of 10 practical lessons, drawn from our reflections on the legal and empirical perspectives. These aim to inform any future law enforcement use of IFS in the UK and beyond.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"31 1","pages":"194 - 219"},"PeriodicalIF":1.5,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47144772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-27DOI: 10.1080/13600834.2021.1958860
Therese Enarsson, Lena Enqvist, Markus Naarttijärvi
ABSTRACT Public and private organizations are increasingly implementing various algorithmic decision-making systems. Through legal and practical incentives, humans will often need to be kept in the loop of such decision-making to maintain human agency and accountability, provide legal safeguards, or perform quality control. Introducing such human oversight results in various forms of semi-automated, or hybrid decision-making – where algorithmic and human agents interact. Building on previous research we illustrate the legal dependencies forming an impetus for hybrid decision-making in the policing, social welfare, and online moderation contexts. We highlight the further need to situate hybrid decision-making in a wider legal environment of data protection, constitutional and administrative legal principles, as well as the need for contextual analysis of such principles. Finally, we outline a research agenda to capture contextual legal dependencies of hybrid decision-making, pointing to the need to go beyond legal doctrinal studies by adopting socio-technical perspectives and empirical studies.
{"title":"Approaching the human in the loop – legal perspectives on hybrid human/algorithmic decision-making in three contexts","authors":"Therese Enarsson, Lena Enqvist, Markus Naarttijärvi","doi":"10.1080/13600834.2021.1958860","DOIUrl":"https://doi.org/10.1080/13600834.2021.1958860","url":null,"abstract":"ABSTRACT Public and private organizations are increasingly implementing various algorithmic decision-making systems. Through legal and practical incentives, humans will often need to be kept in the loop of such decision-making to maintain human agency and accountability, provide legal safeguards, or perform quality control. Introducing such human oversight results in various forms of semi-automated, or hybrid decision-making – where algorithmic and human agents interact. Building on previous research we illustrate the legal dependencies forming an impetus for hybrid decision-making in the policing, social welfare, and online moderation contexts. We highlight the further need to situate hybrid decision-making in a wider legal environment of data protection, constitutional and administrative legal principles, as well as the need for contextual analysis of such principles. Finally, we outline a research agenda to capture contextual legal dependencies of hybrid decision-making, pointing to the need to go beyond legal doctrinal studies by adopting socio-technical perspectives and empirical studies.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"31 1","pages":"123 - 153"},"PeriodicalIF":1.5,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2021.1958860","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46863322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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