Massimo Durante – författare

We delegate more and more decisions and tasks to artificial agents, machine-learning mechanisms, and algorithmic procedures or, in other words, to computational systems. Not that we are driven by powerful ambitions of colonizing the Moon, replacing humans with legions of androids, creating sci-fi scenarios à la Matrix or masterminding some sort of Person of Interest-like Machine. No, the current digital revolution based on computational power is chiefly an everyday revolution. It is therefore that much more profound, unnoticed and widespread, for it affects our customary habits and routines and alters the very texture of our day-to-day lives. This opens a precise line of inquiry, which constitutes the basic thesis of the present text: our computational power is exercised by trying to adapt not just the world but also our representation of reality to how computationally based ICTs work. The impact of this technology is such that it does not leave things as they are: it changes the nature of agents, habits, objects and institutions and hence it subverts the existing order, without necessarily generating a new one. I argue that this power is often not distributed in an egalitarian manner but, on the contrary, is likely to result in concentrations of wealth, in dominant positions or in unjust competitive advantages. This opens up a struggle, with respect to which the task of reaffirming the fundamental values, the guiding principles, the priorities and the rules of the game, which can transform, or attempt to transform, a fierce confrontation between enemies in a fair competition between opponents rests on us.

We delegate more and more decisions and tasks to artificial agents, machine-learning mechanisms, and algorithmic procedures or, in other words, to computational systems. Not that we are driven by powerful ambitions of colonizing the Moon, replacing humans with legions of androids, creating sci-fi scenarios à la Matrix or masterminding some sort of Person of Interest-like Machine. No, the current digital revolution based on computational power is chiefly an everyday revolution. It is therefore that much more profound, unnoticed and widespread, for it affects our customary habits and routines and alters the very texture of our day-to-day lives. This opens a precise line of inquiry, which constitutes the basic thesis of the present text: our computational power is exercised by trying to adapt not just the world but also our representation of reality to how computationally based ICTs work. The impact of this technology is such that it does not leave things as they are: it changes the nature of agents, habits, objects and institutions and hence it subverts the existing order, without necessarily generating a new one. I argue that this power is often not distributed in an egalitarian manner but, on the contrary, is likely to result in concentrations of wealth, in dominant positions or in unjust competitive advantages. This opens up a struggle, with respect to which the task of reaffirming the fundamental values, the guiding principles, the priorities and the rules of the game, which can transform, or attempt to transform, a fierce confrontation between enemies in a fair competition between opponents rests on us.

The De Gruyter Handbook on Law and Digital Technologies provides a comprehensive, accessible and thought-provoking guide to the current and future regulation of digital technologies. It addresses key legal challenges such as reconceptualizing crucial, deep-rooted notions, including those of person, autonomy, democracy, the rule of law, sovereignty, constitutionalism and governance. The handbook proposes critical explorations of the potential impact of digital technologies on new and traditional forms of governance and regulation across different and competitive normative perspectives such as law, economy, social norms and legal design. In this framework, it addresses the societal transformations brought about by digital technologies, the legal means for regulating the field, and the impact of governance in areas such as fintech, sustainability, outer space, or healthcare.

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also “re-ontologizes reality”, as propounded by Luciano Floridi’s philosophy and ethics of information. The informational turn is transforming our understanding of reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as “constraining affordances” guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings.