Constitutional Challenges in the Algorithmic Society

The law struggles to address the constitutional challenges of the algorithmic society. This book is for scholars and lawyers interested in the intersections of law and technology. It addresses the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors

Constitutional challenges in the algorithmic society

From the publisher: This work is in copyright. It is subject to statutory exceptions and to the provisions of relevant licensing agreements; with the exception of the Creative Commons version the link for which is provided below, no reproduction of any part of this work may take place without the written permission of Cambridge University Press. An online version of this work is published at doi.org/10.1017/9781108914857 under a Creative Commons Open Access license CC-BY-NC-ND 4.0 which permits re-use, distribution and reproduction in any medium for non-commercial purposes providing appropriate credit to the original work is given. You may not distribute derivative works without permission. To view a copy of this license, visit https:// creativecommons.org/licenses/by-nc-nd/4.0New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.-- Oreste Pollicino and Giovanni De Gregorio, Constitutional law in the algorithmic society -- Andrea Simoncini and Erik Longo, Fundamental rights and the rule of law in the algorithmic society by law? -- Celine Castest-Renard, Human rights and algorithmic impact assessment for predictive policing -- Francesca Galli, Law enforcement and data-driven predictions at the national and EU level : a challenge to the presumption of innocence and reasonable suspicion? -- Amnon Reichman and Giovanni Sartor, Algorithms and regulation -- Angela Daly, Thilo Hagendorff, Li Hui, Monique Mann, Vidushi Marda, Ben Wagner, Wayne Wei Wang, Artificial Intelligence, governance and ethics : global perspectives -- Pieter Vancleynenbreugel, EU by-design regulation in the algorithmic society : promising way forward or constitutional nightmare in-the-making? -- Henrik Palmer Olsen, Jacob Livingston Slosser and Thomas Troels Hildebrandt, What's in the box? The legal requirement of explainability in computationally, eided decision-making in public ddministration -- Yaiza Cabedo, The international regulatory race for protecting investors from crypto-finance risks -- Hans W. Micklitz and Anne Aurelie Villanueva, Responsibilities of companies in the algorithmic society -- Serge Gijrath, Consumer law as a tool to regulate adverse consequences of AI output -- Federica Casarosa, When the algorithm is not fully reliable : the collaboration between technology and humans in the fight against hate speech -- Pietro Sirena and Francesco Paolo Patti, Smart contracts and automation of private relationship