“The System Only Dreams in Total Darkness”: The Future of Human Rights Law in the Light of Algorithmic Authority
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“The System Only Dreams in Total Darkness”: The Future of Human Rights Law in the Light of Algorithmic Authority
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 71–90
4 Citations (CrossRef)
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Helmut Philipp Aust, Dr. iur., Professor of Law at the Freie Universität Berlin, Department of Law. I would like to thank Tom Burri, Prisca Feihle, Mehrdad Payandeh, and Alexander Silke for comments and criticism on an earlier draft as well as Erna Cassar
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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.
Table of Contents
| 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 |