Of New Technologies and Old Laws: Do We Need a Right to Violate the Law?

Abstract

New technologies that can force compliance with the law are becoming increasingly widespread. At the same time, the previous constitutional arguments for defending against such structures are losing weight under the new conditions of powerful artificial intelligence. This paper opens a new line of argument using the search term of a “right to violate the law,” which will make it possible to restrict the use of modern law-enforcing technologies in an effective and criteria-based manner also in the future.