검색 상세

Human Rights & Digital Technologies : A Tripartite Analysis

  • Lee, Sung Hee (국제대학원 국제학과 국제협력전공)

초록/요약

This collection investigates the structural and conceptual limitations of contemporary institutional, legal, and regulatory frameworks to meaningfully address the challenges posed by digital technologies to human rights. The first article critiques the EU AI Act’s concept of “accuracy” through a sociotechnical lens, exposing how geopolitical tensions and aspirations, alongside of the inherent limitations of AI systems undermine both the Act’s capacity to provide meaningful safeguards and the EU’s goals of protecting fundamental rights and freedoms. The second article explores the European Court of Human Rights’ interpretation of privacy as a privacy right, and the implications this has for norm harmonization with the UN Human Rights Committee. The third article examines the limits of human rights-based shareholder activism in U.S. Big Tech by analyzing the shareholder proposal mechanism, revealing how institutional structures constrain the capacity of shareholder activists to directly influence corporate behaviors and facilitate human rights norm diffusion. Collectively, this collection analyzes how digital technologies and regulatory regimes intersect with the protection, or erosion, of fundamental human rights and freedoms. They also highlight the dominance of technocratic, market-oriented, and state-centric paradigms that marginalize rights-based approaches in favor of efficiency, control, and profitability.

more

목차

Abstract i
Introduction 1
Chapter 1. "Accuracy" Under the EU AI Act: The Limitations of AI and Its Human Rights Implications 9
1.1 Introduction 10
1.2 Analyzing Accuracy in the EU AI Act from a Sociotechnical Perspective 11
1.3 The Influence of Corporate Actors on the EU AI Act 13
1.4 Problematizing the EU AI Act's Framing of "Accuracy" 17
1.5 Fairness, Accountability, and Transparency in Machine Learning and the Limitations of AI Systems 19
1.6 The Limitations of AI in High-Stakes Human Rights Contexts: Migration, Asylum, and the EU's Smart Borders 23
1.7 Conclusion 30
1.8 List of References 33
Chapter 2. Privacy in the Digital Age: Implications of the European Court of Human Rights' Interpretation of Privacy as Personality Right for the UN Human Rights Committee 39
2.1 Introduction 40
2.2 The Right to Privacy and Personality Rights 42
2.3 The European Court of Human Rights' Judgement in Glukhin v. Russia 46
2.4 Facial Recognition Technology as a Violation of Privacy 49
2.4.1 Chilling Effects on the Exercise and Enjoyment of Other Rights 50
2.4.2 FRT and Privacy as Liberty 51
2.4.3 FRT's Accuracy and Performance 52
2.5 The Human Rights Committee Interpretations of Article 17 53
2.5.1 The Right to Choose and Change One's Own Name 54
2.5.2 Sexual and Gender Identity 55
2.5.3 Analysis 56
2.5.4 Article 17 and the Burden of Proof 57
2.6 The Human Rights Committee and the Difficulties of Institutionalizing Personality Rights 58
2.7 Conclusion 60
2.8 List of References 62
Chapter 3. Constrained Norm Diffusion: The Limited Impact of Human Rights Shareholder Activism in U.S. Big Tech 66
3.1 Introduction 67
3.2 Literature Review 69
3.3 The US SEC's Rules for the Shareholder Proposal Process 73
3.4 Theoretical Framework 74
3.5 Data 76
3.6 Methodology 77
3.7 Results 80
3.7.1 Power Through Ideas: Persuasive Framing 80
3.7.2 Power Over Ideas: Corporate Control and Delegitimization 83
3.7.3 Power In Ideas: Institutional Constraints and Discursive Conformity 85
3.8 Discussion 88
3.9 Conclusion 90
3.10 List of References 93
Appendices 97
A. Codebook 1: Shareholder Advocacy Frames 97
B. Codebook 2: Meta's Discursive Containment Strategies 98
C. Table of Results 99

more
반출 Meta View 목록