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Jus Algoritmi: The Collapse of Private Life and the Making of the Algorithmic Citizen
Traditional legal frameworks rely on a simple assumption: harms are tangible, static, and easy to pinpoint. Modern AI invalidates all three, leaving democratic institutions ill-equipped to protect individuals from autonomous, constantly changing algorithmic models. As corporate self-regulation replaces public oversight, market incentives regularly override consumer safety and democratic accountability. This paper traces how we reached this crisis through three historical stages: the machine-driven division of work and time, the extractive architecture of the internet, and today’s AI-driven data aggregation. Together, these shifts have dismantled the private sphere that political thinkers like Hannah Arendt and Jürgen Habermas identified as essential for democratic participation. Instead of autonomous citizens, we now interact with society through data proxies—a dynamic echoing John Cheney-Lippold’s concept of “algorithmic identity,” where individuals are continuously defined, categorized, and modulated by background code. Stripped of constitutional protections inside privatized digital platforms, individuals are transformed into “algorithmic citizens”—subject to automated decisions that dictate access to credit, healthcare, employment, and justice without direct representation or recourse. Ultimately, this paper argues that protecting human agency in the automated age requires an immediate shift in legal strategy: our political frameworks must formally recognize the algorithmic citizen and extend enforceable rights to our digital selves.
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