Is Technology Really Inclusive? Some Suggestions from States Run Algorithmic Programmes
-
Elisa Bertolini
Abstract
The article aims at challenging the narrative that technology is inclusive with respect to states run algorithmic programmes and discusses that states resorting more frequently to technology, in particular to algorithm, are altering the traditional paradigm of the relationship between the state and the individual. Algorithm is indeed progressively twisting the traditional form of state toward a more exclusive, accountable-free and controlling form of state. The dichotomy inclusiveness/exclusiveness is at the centre of the analysis, because the state justifies resorting to algorithm by claiming that it is the suitable tool to address state’s deficiencies and making the state more efficient and effective. Hence, the state is abdicating the exercise of some important functions to the algorithm. The analysis of the most relevant algorithmic programmes implemented by states so far in the judiciary and in the welfare sector proves that the algorithm is perpetuating social bias and discrimination, thus raising significant criticalities in terms of infringements of the rule of law.
Acknowledgements
The author wishes to thank anonymous reviewers for their helpful comments.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Editorial
- International Economic Law in the Era of Distributed Ledger Technology
- Research Articles
- ‘Crypto-investment’ in International Economic Law: A First Sketch
- Virtual Currencies: New Challenges to the Right to Privacy? An Assessment under the V AML Directive and the GDPR
- Bitcoin’s Identity Crisis and the Prospect of Trustless Money
- The Disruptive Effect of Distributed Ledger Technology and Blockchain in the over the Counter Derivatives Market
- Challenges to the Assessment of Damages Claims Involving Crypto-Assets in Investment Arbitration
- Adjudicating Cryptocurrencies at the WTO: Potential Threshold and Substantive Issues
- Will Blockchain Technologies Strengthen or Undermine the Effectiveness of Global Trade Control Regulations and Financial Sanctions?
- Enhancing E-Commerce through Blockchain (DLTs): The Regulatory Paradox for Digital Governance
- Is Technology Really Inclusive? Some Suggestions from States Run Algorithmic Programmes
- Narratives of the Digital Economy: How Platforms Are Challenging Consumer Law and Hierarchical Organization
Articles in the same Issue
- Editorial
- International Economic Law in the Era of Distributed Ledger Technology
- Research Articles
- ‘Crypto-investment’ in International Economic Law: A First Sketch
- Virtual Currencies: New Challenges to the Right to Privacy? An Assessment under the V AML Directive and the GDPR
- Bitcoin’s Identity Crisis and the Prospect of Trustless Money
- The Disruptive Effect of Distributed Ledger Technology and Blockchain in the over the Counter Derivatives Market
- Challenges to the Assessment of Damages Claims Involving Crypto-Assets in Investment Arbitration
- Adjudicating Cryptocurrencies at the WTO: Potential Threshold and Substantive Issues
- Will Blockchain Technologies Strengthen or Undermine the Effectiveness of Global Trade Control Regulations and Financial Sanctions?
- Enhancing E-Commerce through Blockchain (DLTs): The Regulatory Paradox for Digital Governance
- Is Technology Really Inclusive? Some Suggestions from States Run Algorithmic Programmes
- Narratives of the Digital Economy: How Platforms Are Challenging Consumer Law and Hierarchical Organization
