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Rough Around the Edges or a Fundamental Disconnect? (Re-)Examining the Theory and Utility of Human Rights through the Six Systemic Distortions Afforded by Artificial Intelligence Systems
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- By Sue Anne Teo
- Edited by Philip Czech, Universität Salzburg, Lisa Heschl, Karl-Franzens-Universität Graz, Austria, Karin Lukas, Central European University, Budapest, Manfred Nowak, Universität für angewandte Kunst Wien, Gerd Oberleitner, Karl-Franzens-Universität Graz, Austria
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- Book:
- European Yearbook on Human Rights 2023
- Published by:
- Intersentia
- Published online:
- 04 April 2024
- Print publication:
- 30 November 2023, pp 437-474
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- Chapter
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Summary
ABSTRACT
The ubiquitous deployment of artificial intelligence (AI) technologies affects an array of human rights, raising concerns around issues of discrimination, privacy, freedom of expression, information and data protection. However, just as regulators and policy-makers call for technological design to respect existing human rights, others debate whether human rights are robust enough to counter new challenges posed by AI. This contribution takes a legalphilosophical approach, engaging the intersections of human rights law and theory, philosophy of technology, and law and technology in order to examine whether the theory and practice of the human rights law framework can address the systemic distortions afforded by AI systems. It identifies six systemic distortions, namely intangibility, ephemerality, modulation, the comparison deficit, the utilitarian logic, and, finally, the objectification of dividualised identities. These map on to (and challenge), respectively, the implicit observability, categorical legal groups, control, causality and foreseeability, the deontological motivation of human rights law, and the subjective sociality of individuals. These systemic distortions pose both a procedural challenge for individuals seeking to mount human rights claims, and a normative challenge to the formative aims of human rights law.
The contribution finds that these challenges are non-trivial to the human rights law framework, impacting its practical sustainability and relevance in the age of AI. However, a silver lining can be found within the normative foundation of the human rights framework itself, through the reinterpretation of human dignity as human vulnerability.
INTRODUCTION
The ubiquitous deployment of artificial intelligence (AI) technologies affects an array of human rights, raising concerns around issues of discrimination, privacy, freedom of expression, information and data protection. On the other hand, issues of fairness, transparency and accountability have also been raised, encompassing wider ethical concerns in relation to the use of AI. On the one hand, the advent of technological innovations, including AI, have been credited with bringing immense progress to science, and revolutionising diverse fields, such as health care, transportation and education. AI is also increasingly being deployed within public administration, determining eligibility for social welfare, unemployment and health care benefits, and educational access. On the other hand, the deployment of AI has threatened the sufficiency of the traditional tools of accountability, including those of the law, and human rights law in particular.
Chapter 5 - Balik Pulau, Penang: Home Run for the Home Boys
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- By Teo Sue Ann, Social and Political Science Section in the Penang Institute
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- Book:
- Electoral Dynamics in Malaysia
- Published by:
- ISEAS–Yusof Ishak Institute
- Published online:
- 10 November 2017
- Print publication:
- 05 December 2013, pp 65-80
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Summary
Introduction
Balik Pulau is geographically the largest constituency in Penang, but has the fewest voters (49,641).The constituency encompasses the busy town of Bayan Lepas, the quiet township of Pulau Betong and the fishing villages in Teluk Bahang.
Balik Pulau voters are well known for their fierce loyalty to the United Malays National Organisation (UMNO). Even when the party got its hardest hit in the ‘political tsunami’ of the 2008 general election, UMNO candidates still managed to hold on to all the state seats in the constituency. The loss of the parliamentary seat for the first time, however, taught UMNO not to underestimate the voters in Balik Pulau. Hence, for the 13th general election in 2013, UMNO cautiously chose Balik Pulau ‘home boys’ and deployed its strongest grassroots machinery to regain its loss of five years ago.
The case of Balik Pulau demonstrates how essential candidates' identity is to the rural voters in Penang, coupled with effective campaign strategies. The analysis shows how Parti Keadilan Rakyat (PKR) simply fell short in winning the voters' hearts, despite having, the candidates claimed, served them tirelessly for the past five years. Its lack of suitable local candidates and the weakness of its campaign strategies caused PKR to lose the constituency to UMNO. Nonetheless, UMNO's narrow win in this election indicates clearly that the party no longer commands the strong popular support it enjoyed for decades. This slip in support suggests that however important the candidate and strategy, voters' preferences in Balik Pulau may gradually be changing with the emergence of a young, new generation who are exposed to a greater variety of information sources.
Progress of the campaign
The parliamentary seat
It is interesting to note that the candidates of both parties held similar perceptions of the voters in Balik Pulau. UMNO's Hilmi Yahaya, for instance, believed that, ‘if you are local candidate, it will be easier’. A PKR campaign worker in Teluk Bahang concurred with Hilmi's perception: 'in rural area, they are more interested with the candidate, whether he is an outsider or a local.