{"title":"让与人工智能监控的寒蝉效应相关的长期危害具体化:人类的繁荣能否影响人权?","authors":"Niclas Rautenberg, Daragh Murray","doi":"10.1007/s12142-024-00727-6","DOIUrl":null,"url":null,"abstract":"<p>AI-enabled State surveillance capabilities are likely to exert chilling effects whereby individuals modify their behavior due to a fear of the potential consequences if that behavior is observed. The risk is that chilling effects drive individuals towards the mainstream, slowly reducing the space for personal and political development. This could prove devastating for individuals’ ability to freely develop their identity and, ultimately, for the evolution and vibrancy of democratic society. As it stands, human rights law cannot effectively conceptualize this cumulative, longer-term, harm, and so cannot accurately evaluate the cost/benefit of AI tools, risking irreparable harm. As chilling effects impact individuals’ ability to live a good, self-determined life, the concept of human flourishing is relevant. This article engages with Aristotelian naturalism, the life-satisfaction approach, and the capabilities approach to determine which best resonates with the concept of identity as relevant to chilling effects and human rights law. It concludes that the capabilities approach may overcome some of the problems associated with the human rights law approach and may provide a framework capable of capturing both the intricate processes of free identity development and of conceptualizing the harm linked to AI surveillance. The challenge, however, is to ‘operationalize’ this approach.</p>","PeriodicalId":45171,"journal":{"name":"Human Rights Review","volume":"7 1","pages":""},"PeriodicalIF":1.2000,"publicationDate":"2024-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Making Tangible the Long-Term Harm Linked to the Chilling Effects of AI-enabled Surveillance: Can Human Flourishing Inform Human Rights?\",\"authors\":\"Niclas Rautenberg, Daragh Murray\",\"doi\":\"10.1007/s12142-024-00727-6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>AI-enabled State surveillance capabilities are likely to exert chilling effects whereby individuals modify their behavior due to a fear of the potential consequences if that behavior is observed. The risk is that chilling effects drive individuals towards the mainstream, slowly reducing the space for personal and political development. This could prove devastating for individuals’ ability to freely develop their identity and, ultimately, for the evolution and vibrancy of democratic society. As it stands, human rights law cannot effectively conceptualize this cumulative, longer-term, harm, and so cannot accurately evaluate the cost/benefit of AI tools, risking irreparable harm. As chilling effects impact individuals’ ability to live a good, self-determined life, the concept of human flourishing is relevant. This article engages with Aristotelian naturalism, the life-satisfaction approach, and the capabilities approach to determine which best resonates with the concept of identity as relevant to chilling effects and human rights law. It concludes that the capabilities approach may overcome some of the problems associated with the human rights law approach and may provide a framework capable of capturing both the intricate processes of free identity development and of conceptualizing the harm linked to AI surveillance. The challenge, however, is to ‘operationalize’ this approach.</p>\",\"PeriodicalId\":45171,\"journal\":{\"name\":\"Human Rights Review\",\"volume\":\"7 1\",\"pages\":\"\"},\"PeriodicalIF\":1.2000,\"publicationDate\":\"2024-08-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s12142-024-00727-6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s12142-024-00727-6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Making Tangible the Long-Term Harm Linked to the Chilling Effects of AI-enabled Surveillance: Can Human Flourishing Inform Human Rights?
AI-enabled State surveillance capabilities are likely to exert chilling effects whereby individuals modify their behavior due to a fear of the potential consequences if that behavior is observed. The risk is that chilling effects drive individuals towards the mainstream, slowly reducing the space for personal and political development. This could prove devastating for individuals’ ability to freely develop their identity and, ultimately, for the evolution and vibrancy of democratic society. As it stands, human rights law cannot effectively conceptualize this cumulative, longer-term, harm, and so cannot accurately evaluate the cost/benefit of AI tools, risking irreparable harm. As chilling effects impact individuals’ ability to live a good, self-determined life, the concept of human flourishing is relevant. This article engages with Aristotelian naturalism, the life-satisfaction approach, and the capabilities approach to determine which best resonates with the concept of identity as relevant to chilling effects and human rights law. It concludes that the capabilities approach may overcome some of the problems associated with the human rights law approach and may provide a framework capable of capturing both the intricate processes of free identity development and of conceptualizing the harm linked to AI surveillance. The challenge, however, is to ‘operationalize’ this approach.
期刊介绍:
Human Rights Review is an interdisciplinary journal which provides a scholarly forum in which human rights issues and their underlying empirical, theoretical and philosophical foundations are explored. The journal seeks to place human rights practices and policies within a theoretical perspective in order to link empirical research to broader human rights issues. Human Rights Review welcomes submissions from all academic areas in order to foster a wide-ranging dialogue on issues of concern to both the academic and the policy-making communities. The journal is receptive to submissions drawing from diverse methodologies and approaches including case studies, quantitative analysis, legal scholarship and philosophical discourse in order to provide a comprehensive discussion concerning human rights issues.