Imposing Regulation On Advanced Algorithms
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Imposing Regulation on Advanced Algorithms
This book discusses the necessity and perhaps urgency for the regulation of algorithms on which new technologies rely; technologies that have the potential to re-shape human societies. From commerce and farming to medical care and education, it is difficult to find any aspect of our lives that will not be affected by these emerging technologies. At the same time, artificial intelligence, deep learning, machine learning, cognitive computing, blockchain, virtual reality and augmented reality, belong to the fields most likely to affect law and, in particular, administrative law. The book examines universally applicable patterns in administrative decisions and judicial rulings. First, similarities and divergence in behavior among the different cases are identified by analyzing parameters ranging from geographical location and administrative decisions to judicial reasoning and legal basis. As it turns out, in several of the cases presented, sources of general law, such as competition or labor law, are invoked as a legal basis, due to the lack of current specialized legislation. This book also investigates the role and significance of national and indeed supranational regulatory bodies for advanced algorithms and considers ENISA, an EU agency that focuses on network and information security, as an interesting candidate for a European regulator of advanced algorithms. Lastly, it discusses the involvement of representative institutions in algorithmic regulation.
Imposing Regulation on Advanced Algorithms
This book discusses the necessity and perhaps urgency for the regulation of algorithms on which new technologies rely; technologies that have the potential to re-shape human societies. From commerce and farming to medical care and education, it is difficult to find any aspect of our lives that will not be affected by these emerging technologies. At the same time, artificial intelligence, deep learning, machine learning, cognitive computing, blockchain, virtual reality and augmented reality, belong to the fields most likely to affect law and, in particular, administrative law. The book examines universally applicable patterns in administrative decisions and judicial rulings. First, similarities and divergence in behavior among the different cases are identified by analyzing parameters ranging from geographical location and administrative decisions to judicial reasoning and legal basis. As it turns out, in several of the cases presented, sources of general law, such as competition or labor law, are invoked as a legal basis, due to the lack of current specialized legislation. This book also investigates the role and significance of national and indeed supranational regulatory bodies for advanced algorithms and considers ENISA, an EU agency that focuses on network and information security, as an interesting candidate for a European regulator of advanced algorithms. Lastly, it discusses the involvement of representative institutions in algorithmic regulation.
Algorithmic Regulation
As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.