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Human Rights in the era of Information and Communication Technology

May 31, 2017

Cesare Bartolini, Gabriele Lenzini

Interdisciplinary Centre for Security, Reliability and Trust (SnT), University of Luxembourg

(2)

Outline

1 Human rights

2 Human rights here and now

3 Impact of new technologies

(3)

Outline

1 Human rights

2 Human rights here and now

3 Impact of new technologies

(4)

What are human rights?

Nobody knows.

(5)

What are human rights?

Nobody knows.

(6)

Some examples

I Religious freedom

I Carrying a weapon

I PATRIOT Act

(7)

Some examples

I Religious freedom

I Carrying a weapon

I PATRIOT Act

(8)

Some examples

I Religious freedom

I Carrying a weapon

I PATRIOT Act

(9)

Some examples

I Religious freedom

I Carrying a weapon

I PATRIOT Act

(10)

Right to life

I What is the meaning of life?

I When does it start?

I When does it end?

I Can it be terminated?

I Can other rights balance it?

(11)

Where do I find human rights?

In the laws.

(12)

Where do I find human rights?

In the laws.

(13)

Sources

I Declaration of the Rights of Man and of the Citizen (France, 1789)

I Bill of Rights (USA, 1789)

I Geneva Convensions (apply times of war–we ignore these)

I European Convention on Human Rights (Council of Europe, 1950)

I Charter of Fundamental Rights of the European Union (EU, 2009)

(14)

Sources

I Declaration of the Rights of Man and of the Citizen (France, 1789)

I Bill of Rights (USA, 1789)

I Geneva Convensions (apply times of war–we ignore these)

I European Convention on Human Rights (Council of Europe, 1950)

I Charter of Fundamental Rights of the European Union (EU, 2009)

(15)

Outline

1 Human rights

2 Human rights here and now

3 Impact of new technologies

(16)

Human rights in the ECHR

I Life (but death penalty is accepted)

I No torture

I No slavery

I No forced labour

I Liberty and security (not much emphasis on security)

I Fair trial

I Presumption of innocence (might contain a mistake)

I Principle of legality

(17)

Human rights in the ECHR (cont’d)

I Privacy and family life

I Freedom of thought and conscience

I Freedom of religion

I Freedom of expression

I Freedom of assembly and association

I Marriage

I Effective remedies

I Non-discrimination

(18)

Inderogable rights

I Life

I No torture

I No slavery

I Principle of legality

(19)

Extra rights in the Charter

I Human dignity

I No death penalty

I Physical and mental integrity (informed consent, no eugenics, no clonation)

I Protection of personal data

I Freedom of information

I Freedom of arts

I Freedom of scientific research

(20)

Extra rights in the Charter (cont’d)

I Education (free compulsory education)

I Seek work and conduct a business

I Property

I Asylum

I Protection in case of expulsion or extradiction

I Equality (before law, gender, disabilities)

I Fair working conditions

(21)

Extra rights in the Charter (cont’d a bit more)

I Health care

I Environmental protection

I Consumer protection

I Vote and be voted

I Good administration

I Freedom of movement and residence

I Proportionality and ne bis in idem

(22)

Other rights in the USA

I Weapons (USA)

I No search

I Trial by jury (USA)

(23)

Difference from contractual rights

I Strictly personal

I Duties of States

I Not subject to contractual regulation

I Cannot be renounced abstractly

I Can be renounced concretely

Example: fair trial

I cannot renounce the right to own property, but I can forfeit a specific

property.

(24)

Difference from contractual rights

I Strictly personal

I Duties of States

I Not subject to contractual regulation

I Cannot be renounced abstractly

I Can be renounced concretely

Example: fair trial

I cannot renounce the right to own property, but I can forfeit a specific

property.

(25)

Outline

1 Human rights

2 Human rights here and now

3 Impact of new technologies

(26)

Right to a fair trial

I Trial must not be overly lengthy

I IT management of courts

I Easier judicial searches

I ODR

Drawbacks

I New technologies are not implemented efficiently

I Drastic increase of litigation actually increases length

(27)

Right to a fair trial

I Trial must not be overly lengthy

I IT management of courts

I Easier judicial searches

I ODR

Drawbacks

I New technologies are not implemented efficiently

I Drastic increase of litigation actually increases length

(28)

Right to security

I New means to ensure security

I Security with less victims

I

Tasers. . .

I Security without risking human lives

I

Dallas shooting

I AI and threat detection

Drawbacks

I Leaving security to AI is very uncertain

I Technologies can fall into the wrong hands

(29)

Right to security

I New means to ensure security

I Security with less victims

I

Tasers. . .

I Security without risking human lives

I

Dallas shooting

I AI and threat detection

Drawbacks

I Leaving security to AI is very uncertain

I Technologies can fall into the wrong hands

(30)

Right to privacy

Not affected by new technologies.

(31)

Ok, seriously

I Massive data collection

I Profiling

I Advertising

I Drones

I Ubiquitous computing

I Social networks

I Instant diffusion

I Security breaches

Drawbacks

I Severe consequences in case of violation of privacy

I Profiling is extremely dangerous

I Advertising is annoying and can’t be stopped (for now)

(32)

Ok, seriously

I Massive data collection

I Profiling

I Advertising

I Drones

I Ubiquitous computing

I Social networks

I Instant diffusion

I Security breaches

Drawbacks

I Severe consequences in case of violation of privacy

I Profiling is extremely dangerous

I Advertising is annoying and can’t be stopped (for now)

(33)

Ok, seriously

I Massive data collection

I Profiling

I Advertising

I Drones

I Ubiquitous computing

I Social networks

I Instant diffusion

I Security breaches Drawbacks

Severe consequences in case of violation of privacy

(34)

Freedom of thought/expression

I Communication technologies

I

Mass media, Twitter-like tools

I Easy diffusion of messages

I Political messages

Drawbacks

I Easier to influence people and form "belief groups"

I Censorship

I "The web never forgets"

(35)

Freedom of thought/expression

I Communication technologies

I

Mass media, Twitter-like tools

I Easy diffusion of messages

I Political messages

Drawbacks

I Easier to influence people and form "belief groups"

I Censorship

I "The web never forgets"

(36)

Freedom of assembly/association

I Technology helps a lot in communicating or organizing activities

I Easier political activity

Drawbacks

I Extreme political messages

I Terrorism

I Fake news

(37)

Freedom of assembly/association

I Technology helps a lot in communicating or organizing activities

I Easier political activity

Drawbacks

I Extreme political messages

I Terrorism

I Fake news

(38)

Human dignity

I Social networks

I Notice and take down (E-Commerce Directive)

I Not very efficient

Drawbacks

I Slander

(39)

Human dignity

I Social networks

I Notice and take down (E-Commerce Directive)

I Not very efficient Drawbacks

I Slander

(40)

Health

I New medical technologies

I Replication of human tissues

I Medical assistance on the spot

I Remote surgeries

I AI-aided diagnoses (e.g., Deep Patient)

Drawbacks

I Hard to identify the reasons in Deep Learning

I Social consequences

(41)

Health

I New medical technologies

I Replication of human tissues

I Medical assistance on the spot

I Remote surgeries

I AI-aided diagnoses (e.g., Deep Patient)

Drawbacks

I Hard to identify the reasons in Deep Learning

I Social consequences

(42)

Protection of personal data

I Recent right, born because of computers

I Not privacy

I Plenty of data collections, both voluntary and unrequested

I Avoiding abuse

Drawbacks

I Major economic interests

I Non-homogeneous legislation

I Impossible to track everything

I Hard to implement effective measures

(43)

Protection of personal data

I Recent right, born because of computers

I Not privacy

I Plenty of data collections, both voluntary and unrequested

I Avoiding abuse

Drawbacks

I Major economic interests

I Non-homogeneous legislation

I Impossible to track everything

I Hard to implement effective measures

(44)

Freedom of information

I Very easy access to information

I

Newspapers, blogs, independent sources

I Generally information is free of charge

Drawbacks

I Hard to sort relevant information (informative flood)

I Fake news

I Mass media control

(45)

Freedom of information

I Very easy access to information

I

Newspapers, blogs, independent sources

I Generally information is free of charge

Drawbacks

I Hard to sort relevant information (informative flood)

I Fake news

I Mass media control

(46)

Freedom of scientific research

I Access to documents

I Powerful problem-solving tools (four colors)

I Easy dissemination

I Mobility

Drawbacks

I Junk conferences ($$$)

I Junk research

I Eduroam doesn’t work

(47)

Freedom of scientific research

I Access to documents

I Powerful problem-solving tools (four colors)

I Easy dissemination

I Mobility

Drawbacks

I Junk conferences ($$$)

I Junk research

I Eduroam doesn’t work

(48)

Education

I New educational tools

Drawbacks

I Impact is unclear yet

(49)

Education

I New educational tools Drawbacks

I Impact is unclear yet

(50)

Work and business

I Automation

I Efficiency

I Safety

I

Better measures

I

Dangerous activities done by robots

I General life improvements

Drawbacks

I Many jobs are being replaced (EU)

I Welfare problems

I Security risks

(51)

Work and business

I Automation

I Efficiency

I Safety

I

Better measures

I

Dangerous activities done by robots

I General life improvements

Drawbacks

I Many jobs are being replaced (EU)

I Welfare problems

(52)

Property

I Financial technologies

I Faster transactions

I Online stores

I IP

I Real estate

I Automation (Amazon)

Drawbacks

I Security risks

I IP violations

I Frauds

I Need for consumer protection

(53)

Property

I Financial technologies

I Faster transactions

I Online stores

I IP

I Real estate

I Automation (Amazon)

Drawbacks

I Security risks

I IP violations

(54)

Environmental protection

I "Green" technologies

I Energetic efficiency

Drawbacks

I Global warming

I Weak protection by major industrial countries

(55)

Environmental protection

I "Green" technologies

I Energetic efficiency

Drawbacks

I Global warming

I Weak protection by major industrial countries

(56)

Politics and administration

I Interaction between PAs

I Efficient administrative policies (Luxembourg and OTP)

I Cheaper elections

I Easier visibility (Trump + Twitter)

Drawbacks

I Not-so-efficient

I Easier to hack databases or alter votes

I Strength of the message > content

(57)

Politics and administration

I Interaction between PAs

I Efficient administrative policies (Luxembourg and OTP)

I Cheaper elections

I Easier visibility (Trump + Twitter)

Drawbacks

I Not-so-efficient

I Easier to hack databases or alter votes

I Strength of the message > content

(58)

Freedom of movement and residence

I Better transportation means

I Cheap travel

I Efficient tracking means (e.g., identifying citizens after disaster)

Drawbacks

I Safety issues (e.g., airports)

I Administrative difficulties

(59)

Freedom of movement and residence

I Better transportation means

I Cheap travel

I Efficient tracking means (e.g., identifying citizens after disaster)

Drawbacks

I Safety issues (e.g., airports)

I Administrative difficulties

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