Posted on 26 April 2019
The Research Group on “Algorithmic State, Society and Market – Constitutional Dimensions” is pleased to invite scholars to its inaugural conference on “Constitutional Challenges in the Algorithmic Society” organised by European University Institute, Bocconi University and University of Florence.
The rise of the algorithmic society has led to a paradigmatic change where the public power is no longer the only source of concern for the respect of human rights and the protection of democracy, where jurisdictional boundaries are in flux, and where doctrines and procedures developed in the pre-cybernetic age do not necessarily fit with the current scenario.
The relatively low level of substantial transparency and accountability of algorithms which are programmed and developed in accordance with economic incentives, ethical frameworks and private law tools of corporate actors is salient. At the very least, therefore, serious constitutional engagement with what transparency demands from private and state actors alike is necessary. This is no trivial challenge, since the low level of transparency of automated decision-making processes is the result of the complexity to understand the language and logic of machine learning and algorithmic predictions. The lack of transparency is further accentuated by intellectual property regimes on the one hand, and by market concentration on the other.
Since information and data are new sources of power in the algorithmic society, patterns of market consolidation risk generating technological asymmetry which gravitates to a handful of multinational private players. The state then finds itself in a peculiar position, as it becomes partly dependent on the technologies of these players while vying for a similar position with respect to the data it collects and analyses, all at the same time as it retains the power (and legal responsibility) to regulate the industry and guarantee the protection of constitutional rights.