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date: 19 February 2019

Abstract and Keywords

This chapter examines the relationship between law and technology, with particular reference to the transformations of the criminal law in the face of a data-driven society. It considers how modern law has been mediated by information and communication technologies (ICTs), such as the printing press, and how the substance of legal protection may be undermined or altered by the hyperconnectivity and artificial intelligence of current ICT infrastructures. The chapter begins by discussing different conceptions of law and technology, along with technology and neutrality in light of the rule of law. It then describes a relational model of the criminal law that highlights justice, legal certainty, and the instrumentality of the law. It concludes by calling for a “presumption of innocence by design” that should form the foundation of the architecture of a data-driven surveillance state.

Keywords: law, technology, criminal law, data-driven society, information and communication technologies, neutrality, rule of law, justice, surveillance state

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