Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization
Year: 2025
Type: article
Abstract: The power’s digitalization in the era of artificial intelligence refers to the deep coupling of technical logic and power logic after digital technology is embedded in the power operation mechanism, thereby promoting a more comprehensive technological transfer in power distribution. With the assistance of technology, power has moved behind the scenes, but the power's ability to control society has been enhanced. The external characteristics of this phenomenon are strong technicality, concealment and intrusion. There are three aspects of the internal logic that led to its emergence: human digital survival has become the norm, the diffusion effect of power is significantly better than its coercive power, and the black box operation space brought by digital technology and people's dependence on digital codes. Using comparative research, empirical research and literature analysis, the challenges encountered by traditional administrative rule of law are explained. The basic principles of modern administrative rule of law established since the 19th century are quietly changing, especially in two aspects: digital technology has eliminated the basic rights of citizens represented by privacy rights and basic political rights, making discretionary power difficult to control and the definition of traditional legal responsibilities difficult. These are challenges to the basic principles of modern administrative law since the 19th century. Controlling or narrowing the legal gaps caused by the digitization of power, combining public and private law protection of citizens' right to information, and establishing a legality review system for technology operations centred on the controllability of digital technology and public participation should become a feasible approach.
Author: Yang Yang
Institutions: University of Alicante, Shenyang Normal University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: Universidad de Alicante
OpenAlex ID: W4410215119