2022 - European Humanities University presentation

Technology, Information, and the Rule of
Law
A tour of key concepts, with some cases and illustrations
(Prof) Michael Madison
University of Pittsburgh
1 August 2022
“Human rights for everyone: humanity – technology – law” Summer University
‘22
European Humanities University Centre for Constitutionalism and Human Rights

‘22
Outline of the lecture Slide 1 of 15
Outline of the lecture and key themes
What do we mean by “technology”?
What is “the rule of law”?
What are the key elements of human rights?
What are the roles of information and knowledge?
What are relevant harmonies and conflicts when
“technology” and “information” meet human rights
and the rule of law?
Several case studies and illustrations
Takeaway points and conclusions
Professor Michael Madison  michaelmadison.net

‘22
About the speaker Slide 2
of 15
Michael Madison: about me
Law professor, University of Pittsburgh (US), 25 years
Trained: Yale University, Stanford University
Lectures: Amsterdam, Copenhagen, London, Munich,
Paris, Hong Kong, New York, Washington, DC, Silicon
Valley
Research areas:
 Intellectual property (copyright, trademark, patent)
 Law and technology
 Knowledge commons (systems for producing and
sharing open information)
 Governance
 Future of law and legal systems
Podcast: “The Future Law Podcast”

‘22
Theme 1: Technology Slide 3 of 15
What do we mean by “technology”?
 Human creations that extend, assist,
enable human activity
 From tools to technology
 Machines, devices, and systems.
 ICTs: communications (analog, digital,
network); computer software (algorithms,
AI); data
 Bioscience and biotechnology: genetics,
synthetic biology
 Infrastructure, platforms, applications
 Integration of ICTs, biotech, data

‘22
Theme 2: The rule of law Slide 4 of 15
What is “the rule of law”?
 Principles, practices (rules), and institutions
 Jurisdiction and state power
 State administration that operates according to
neutral rules, applied generally
 Consistency and predictability
 Transparency and accountability
 Citizen assent to, participation in institutional
design and operation, such as constitution(s);
legislature(s); court(s); and public administration
(executive(s))
 Civil society protected from abusive exercises of
power based on identity, wealth, status
 Substantive protection for values and practices
necessary to human development: health,
security, education, family, privacy, and so on

‘22
Theme 2: The rule of law Slide 5 of 15
The rule of law as a species of governance
 Beyond positive law
 Governance means: systems of rules, social
norms, technologies/affordances (such as: text,
now: code) by which some organization,
collective, community (small or large) manages
its affairs, plans for the future, resolves conflicts
 Key research question: understanding
governance systems; how law forms part of
governance; and understanding how smaller
governance forms part of larger governance
 Usually, successful governance requires some
level of social and organizational cohesion
 Also note importance of shared values, shared
vision, and (sometimes) shared histories

‘22
Theme 3: Human rights Slide 6
of 15
What are the key elements of human
rights?
Statements of goals and values:
 Universal Declaration of Human Rights
 European Convention on Human Rights
Key themes to be reflected in principles, practices,
and institutions (such as positive rights):
 Human rights as part of governance, including
but not limited to the rule of law
 Liberty, reflecting freedom of conscience, belief,
expression, and association
 Freedom from coercion
 Access to education, health, security
 Meaningful rights of political participation and
self-determination
 Dignity and equal treatment for individuals

‘22
Theme 4: Data, information, knowledge Slide 7 of 15
The multiple roles of information and
knowledge
 Truth, evidence, and experience
 Belief
 Privacy and conscience
 Data
 Communication
 History
 Advocacy
 Journalism
 Assembly and association
 Branding, signs, and symbols
 Misinformation, disinformation, propaganda
 Importance of infrastructures and institutions
 Importance of social norms and practices
(traditions, expectations) as well as the rule of
law

‘22
Harmonies and conflicts Slide 8 of 15
Information and technology are key
(enablers of) (barriers to) human rights as
goals and as practices
How (these represent governance strategies to study):
 Technology and law as independent (law chases rapid
tech)
 Technological determinism (law is determined by tech)
 Technologies constructed by social practices, law
 Technological affordances that define the ability to act
Possible results (successes and failures):
 Law and technology as “infrastructure” that may enable
(more) (less) freedom to act, think, cooperate
 Law and technology liberate individuals from the
constraints of (government) (big business) (power)
 Law and technology that enable (government) (big
business) to oppress and constrain individuals

‘22
Case studies and illustrations Slide 9 of 15
Some case studies and illustrations
Education; communication; and institutions that
follow the rule of law are parts of (good) (poor)
governance
 Law and Justice
 Education
 Private law
 Scientific research
 Culture
Focus:
 Goals
 Intersections with technology and information
 Governance strategies
 Successes and failures

‘22
Case 1: Law and Justice Slide 10 of 15
Law and justice
 Goals? Public order, fairness and justice via
conflict resolution and planning for the future
under the rubric of the rule of law
 Strategies: courts, legislatures, and other public
administration; reliance on experts (civil service,
trained lawyers and judges)
 Now: Expanding access to justice (lower costs of
administration, decrease reliance on trained
lawyers, judges, increase transparency of
systems administration) via e-justice strategies:
online dispute resolution, use of algorithms to
resolve small scale disputes, changes in licensure
rules to expand non-expert advising
 Outcomes: subjective satisfaction v objective
metrics of fairness, justice

‘22
Case 2: Education Slide 11
of 15
The university
 Goals: Producing, distributing, and storing
knowledge in an autonomous sector, both
existing truths about the world and novel
information. Also: money, opportunity, and
status
 Complications: universities have a shared history
(Bologna, Berlin, Paris) but also lots of different
histories, traditions, practices around the world
 Now: (new) technology makes access to
(existing) knowledge cheaper and broader
 Risks: Does technology change and industrial
influence undermine the historical independence
and purpose of the university, mostly free from
(politics) (economics)?
 Outcomes: The university has been an unusually
adaptable institution. Can it adapt today?

‘22
Case 3: Private law Slide 12 of 15
Markets, contracts, obligation:
the private sector
 Goals? Wealth and freedom via private markets
 Strategies: private order and freedom from
government / state oversight; private decisions,
public effects
 Tactics: choice, expressed through contracts,
obligation
 Conditions for success: security; legal and social
stability; education and information; freedom from
coercion
 Now: blockchain, smart contracts
 Risks: data collection and analytics combinations
 Risks: surveillance, coercion, inter-dependence
 Outcomes: integration with government / public
administration; smart cities and blockchain

‘22
Case 4: Scientific research Slide 13 of 15
Scientific research
 Goals? To extend the frontiers of knowledge for
the benefit of humanity and the planet
 Collecting, storing, sharing, analyzing data,
research, and scholarship
 Scientific communications and publishing as
shared infrastructure
 Now: data science as shared infrastructure
 Challenges: automation and algorithms
 Challenges: “smart” technology
 Challenges: robotics
 Challenges: genetics, biomarkers, DNA
 Challenges: intersections of scientific research
and industrial research, commercial publishing
 Outcomes: reconfiguration of institutions:
markets, states, universities, research institutes

‘22
Case 5: Culture Slide 14 of 15
Football (football?)
 Goals? Play: freedom to explore and express
human judgments, reactions, emotions
individually and collectively. Also: money, status
 Numerous roles: players and coaches,
supporters, sponsors, broadcasters, FIFA /
national federations and associations, youth
 Themes: continuity / history v novelty /
modernism
 Now: monitoring: players, supporters
 Now: automation and the Laws of the Game:
VAR
 Now: branding, licensing, and “sportswashing”
 Risks: equity: men/women; Global South; private
control / state control; geopolitics and corruption
 Outcomes: “better” football? “Fair play?”
Freedom to be human?

‘22
Takeaway points, and conclusions Slide 15 of 15
Wrap up and key concepts
 Technology: define it broadly, including but also beyond ICTs
 Rule of law: focus on governance (rules and norms in complex social
systems) as well as legal processes
 Human rights: take account of both individual interests and goals (play of
human judgments, reactions, emotions, health, education) and collective
interests and goals (communication, sociability, community self-
determination)
 “More” or “better” information and technology may be good for individuals
and society – or not.
 Interrelation of tech, information, rule of law, social norms with respect to
human rights (in total: governance) is an empirical question

’22
The end
Thank you.
Questions and discussion.

2022 - European Humanities University presentation

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