“The System Only Dreams in Total Darkness”: The Future of Human Rights Law in the Light of Algorithmic Authority
Year: 2018
Author: Aust, Helmut Philipp
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 71–90
Abstract
The increasing use of big data and machine learning algorithms raises several legal issues. Automated decision-making potentially undermines the very concept of human agency which is central to human rights law. Human agency enables a communication process between those bound by human rights and the rights-holders. To the extent that decision-making processes become fully automatic and autonomous, a form of algorithmic authority would arise. While human rights law is not silent with respect to such processes, doctrinal attempts to come to terms with this development are not very promising. Instead, a political process is required in order to establish a legal framework for the exercise of algorithmic authority.
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Journal Article Details
Publisher Name: Global Science Press
Language: English
DOI: https://doi.org/10.3790/gyil.60.1.71
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 71–90
Published online: 2018-01
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 20
Keywords: Algorithms Big Data Human Rights Law Privacy Non-Discrimination
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| Section Title | Page | Action | Price |
|---|---|---|---|
| Helmut Philipp Aust: “The System Only Dreams in Total Darkness”: The Future of Human Rights Law in the Light of Algorithmic Authority | 1 | ||
| I. Introduction | 1 | ||
| II. The Construction of Algorithmic Authority | 5 | ||
| III. Human Rights Strategiesto Cope With Algorithmic Authority | 1 | ||
| A. Doctrinal Dead Ends | 1 | ||
| B. Escape Routes | 1 | ||
| IV. Concluding Observations | 1 |