The Challenges of Ambient Law and Legal Protection in the Profiling EraThe Modern Law Review (2010)
Ambient Intelligence is a vision of a future in which autonomic smart environments take an unprecedented number of decisions both for the private and the public good. It involves a shift to automated pattern recognition, a new paradigm in the construction of knowledge. This will fundamentally a¡ect our lives, increasing speci¢c types of errors, loss of autonomy and privacy, unfair discrimination and stigmatisation, and an absence of due process. Current law’s articula- tion in the technology of the printed script is inadequate in the face of the new type of knowledge generation. A possible solution is to articulate legal protections within the socio-technical infra- structure. In particular, both privacy-enhancing and transparency-enhancing technologies must be developed that embed legal rules in ambient technologies themselves.This vision of ‘Ambient Law’ requires a novel approach to law making which addresses the challenges of technology, legitimacy, and political-legal theory. Only a constructive and collaborative e¡ort to migrate law from books to other technologies can ensure that Ambient Law becomes reality, safeguard- ing the fundamental values underlying privacy, identity, and democracy in tomorrow’s ambient intelligent world.
Publication DateMay, 2010
Citation InformationMireille Hildebrandt and Bert-Jaap Koops. "The Challenges of Ambient Law and Legal Protection in the Profiling Era" The Modern Law Review Vol. 73 Iss. 3 (2010)
Available at: http://works.bepress.com/mireille_hildebrandt/32/