Lehrstuhl für Verwaltungswissenschaft, Staatsrecht, Verwaltungsrecht und Europarecht (Univ.-Prof. Dr. Mario Martini)
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Decentralized Nations
(2022)
Herr Kolain hielt diesen Vortrag über Zoom auf Einladung der Stipendiatinnen und Stipendiaten der Studienstiftung des deutschen Volkes am 29. September 2022 an der Humboldt Universität Berlin.
The world of 2022 is globally and digitally connected and disrupted by manifold crises. Questions of power, participation and cooperation arise with particular urgency – and the young generation is asking and searching for clear, effective and participatory solutions. How will we collectively find the best way towards social and climate justice and, ultimately, inner and outer peace?
While internet platforms have taken a dominating influence on how “the internet” is used, there is an ongoing debate on decentralization of the digital world. The idea behind distri-buted systems and computing is to remove powerful intermediaries, make data flows transparent and strengthen the position of the individual. Tackling authoritarian tendencies with the separation of powers and a vivid civil society, is also the core idea of modern democracies. The idea of subsidiarity and federalism is to make political decisions at the lowest possible level.
The presentation focusses on the overarching question: How should digital statehood be structured, both on a constitutional and a technical level? It combines general thoughts on the future of statehood and sovereignty with an analysis of current technology trends, such as blockchain or AI.
Dark patterns steer users into taking decisions they would not have made otherwise. They are widespread in ‘cookie banners’ where they nudge or otherwise lead users into ‘consen-ting’ to intensive and controversial processing of personal data, such as online tracking and behavioural targeting. The prevalence of dark patterns in the privacy context is not only due to an enforcement deficit. It is also due to a lack of legal provisions that effectively implement the principles of privacy by design and by default. The legislator should address privacy dark patterns by ensuring meaningful choice of data subjects.
A digital public administration is crucial for providing citizens (especially in times of crisis) with effective access to administrative services. Political leaders in Germany agreed on this principle during the global COVID-19 pandemic. However, the implementation of the Online Access Act - the main German law on administrative digitalisation - and of the Single Digital Gateway Regulation (EU) 2018/1724 has raised considerable (legal) problems. This article therefore not only looks at the current implementation status of the two pieces of legislation, but in particular identifies three challenges for the digital transformation of public adminis-tration in Germany: federalism, legal fragmentation and register modernisation.
Algorithms have a profound and growing influence on our lives, but partially remain a black box to us. Keeping the risks that arise from rule-based and learning systems in check is a challenging task for both: society and the legal system. The essay undertakes the challenge to examine existing and adaptable legal solutions and to complement them with further proposals. It designs a regulatory model in four steps along the time axis: preventive regulation instruments, accompanying risk management, ex post facto protection and the vision of an algorithmic responsibility code. Together, they form a legislative blueprint to further regulate applications of artificial intelligence.