Browsing by Author "Gregorio, Giovanni De"
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- Inequalities and content moderationPublication . Gregorio, Giovanni De; Stremlau, NicoleAs the harms of hate speech, mis/disinformation and incitement to violence on social media have become increasingly apparent, calls for regulation have accelerated. Most of these debates have centred around the needs and concerns of large markets such as the EU and the United States, or the aggressive approach countries such as Russia and China adopt to regulate online content. Our focus in this article is with the rest, the smaller markets at the periphery of the advertising industry, and the deep inequalities that current approaches to content moderation perpetuate. We outline the depth of the unequal practice of moderation, particularly across Africa, and explore the underlying political and economic factors driving this gap. While recognizing content moderation has many limitations, we conclude by underlining potential approaches to increase oversight in content moderation.
- The constitutional right to an effective remedy in the digital age: a perspective from EuropePublication . Gregorio, Giovanni De; Demková, SimonaThe consolidation of the digital age has expanded the demand for justice. The challenges characterising digital relationships have led European policy makers to wonder about the opportunity to introduce new safeguards to ensure the right to effective remedies as enshrined in the EU Charter of Fundamental Rights. On the one hand, this approach has triggered the proliferation of new procedures, thus expanding potential remedies. On the other hand, the introduction of new remedies increases fragmentation and uncertainty about their access and functioning. This work examines the challenges for the right to an effective remedy raised by the proliferation of intertwined remedies in three key pieces of European digital regulation – the General Data Protection Regulation, the Digital Services Act, and the Artificial Intelligence Act. Particularly, we assess the three key avenues for remedies, namely internal complaints, independent supervision and judicial remedies. Based on this assessment, we underline the need for further clarity in the interplay between the remedial designs, central to which will be the focus on institutional collaboration across the emerging remedial frameworks.
- The normative power of Artificial IntelligencePublication . Gregorio, Giovanni DeArtificial intelligence technologies are increasingly spreading across society. Generative systems, such as ChatGPT and DALL-E, provide only some examples of the expanding consumption of artificial intelligence products in daily lives. Particularly, the reliance on the systems in public and private sectors reinforces the process of technological delegation which characterizes the algorithmic society. However, the standards applied by artificial intelligence systems are not always immutable, particularly when focusing on unsupervised machine learning technologies. These systems do not only make decisions on how to moderate online speech, check employment performances in the workplace, or evaluate credit scores. They also contribute to creating norms, thus defining another generative layer of normativity in the algorithmic society. This work argues that artificial intelligence systems autonomously develop norms by experience and learning within an opaque, technical space that tends to escape the logic of the rule of law. This normative system, or the rule of tech, raises questions for constitutional democracies that are already struggling with solutions to limit other forms of normative powers, particularly the power of online platforms to set private standards. Within this framework, the plurality of these normative powers has put the rule of law under pressure. The expansion of the rule of tech as a source of norms leads to addressing the role of the rule of law in limiting technological delegation in the algorithmic society. The proposal for the Artificial Intelligence Act in Europe is only an example of how the rule of law can limit the expansion of the rule of tech in the digital age. This work analyses the consolidation of the normative power of artificial intelligence systems and examines the spaces for the rule of law in the algorithmic society.
- Towards a right to digital education? Constitutional challenges of edtechPublication . Celeste, Edoardo; Gregorio, Giovanni DeEducation is increasingly going digital. The COVID-19 pandemic has compelled students to attend school and college online through the use of often private digital platforms. For many this change has been regarded negatively, yet for some, especially students with disabilities or from remote geographical areas, this opportunity has been essential to access or continue their studies, thus making the right to education, as enshrined in many national and supranational constitutional texts, even more effective. Despite the advantages of introducing a right to access education remotely, this paper examines the constitutional drawbacks of this proposal. The first part of the article argues that a right to digital education should be recognised as a component of the right to quality education in the digital age in terms of possibility for the individual to access educational materials online, as well as a right to acquire sufficient digital skills to fully participate in democratic society. However on the path towards a full implementation of this right lies a structural obstacle: education is not only increasingly digital but also private. The second part of the paper examines the constitutional challenges generated by private actors dominating the edtech sector. While education has usually been conceived of as a public service, increasingly this area of welfare is left in the hands of private actors that have the power to shape the technical and social infrastructures to exercise constitutional rights. The paper concludes with an assessment of existing regulatory frameworks to ensure that private organisations contribute to fostering the right to digital education.