Expert: Algorithms Can Be Dangerous, Must Not Be Above the Law

From the perspective of Republika, an Indonesian daily newspaper with an Islamic leaning, the increasing pervasiveness of algorithms in shaping public discourse and behavior is a critical issue that demands urgent legal and ethical consideration.

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Technology is never neutral. It carries a mission, design, and consequences.

The article highlights the inadequacy of current legal frameworks to grapple with the dynamic and often opaque nature of algorithms. Professor Harris Arthur Hedar's insights underscore the need to move beyond viewing algorithms as neutral tools, recognizing instead their inherent biases, designs, and consequential impacts. This perspective aligns with a concern for societal well-being and the potential for technology to be used in ways that could be detrimental.

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First, legal causality, it is difficult to prove that an algorithm directly causes violence or suicide. Technology companies will always point to the 'free will' of the victim or perpetrator as an intervening cause.

The challenges in establishing legal accountability are significant. Proving a direct causal link between algorithmic actions and harmful outcomes, such as violence or suicide, is difficult, as tech companies can easily attribute such events to individual 'free will.' Furthermore, the lack of legal recognition for algorithms as subjects of lawsuits complicates matters, leaving victims without clear avenues for justice and restitution. This is particularly concerning when considering the potential for algorithms to exacerbate societal divisions or psychological distress.

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In the realm of civil lawsuits, class action requires a party to be sued. Without a juridical construction that views algorithms as a defective 'product,' victims can only lament their losses without restitutive justice.

The global nature of technology platforms adds another layer of complexity, with many companies operating beyond the jurisdiction of national laws. This creates a 'utopian' scenario for legal recourse, where even with the intent to sue, enforcement becomes nearly impossible. Republika, in its coverage, would likely emphasize the need for international cooperation and robust domestic regulations to ensure that technological advancements do not outpace our ability to govern them responsibly, safeguarding the public interest.

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Global platforms are often beyond the legal reach of developing countries, so even if there is an intention to sue, the execution of the verdict becomes a utopia.