Big Data and the Future of Belligerency: Applying the Rights to Privacy and Data Protection to Wartime Artificial Intelligence

Handbook on Warfare and Artificial Intelligence (Geiss & Lahmann eds., 2022 Forthcoming)

Indiana Legal Studies Research Paper No. 460

17 Pages Posted: 8 Sep 2021

See all articles by Asaf Lubin

Asaf Lubin

Indiana University Maurer School of Law; Berkman Klein Center for Internet & Society; Yale University - Information Society Project; Federmann Cybersecurity Center, Hebrew University of Jerusalem Faculty of Law

Date Written: 2022

Abstract

The race for military AI is in full swing. Militaries around the world are developing and deploying various AI applications including tools for the advancement of surveillance, command and control structure, logistics management, and automated decision-making in battle.

A review of the roles that the rights to privacy and data protection play in regulating these emerging wartime military technologies is long overdue. This is especially true considering the growing involvement of private technology contractors in these projects, who bring with them not only large sets of structured and unstructured personal data, but also problematic commercial practices as to how to utilize that data. In the process new questions emerge about the ability, let alone desire, of the government to adequately protect international human rights, civil liberties, and digital freedoms in the production of these new technologies.

This book chapter addresses the limits of existing IHL and IHRL regulation of AI development and deployment. It further discusses the dangers of an under-regulated military AI ecosystem, focusing particularly on the risks of data pollution from an unchecked military industrial tech complex. The chapter concludes by proposing certain suggestions for the path forward in advancing a rule-based order for the new AI arms race.

Keywords: Human Rights, Humanitarian Law, IHL, IHRL, Laws of War, Artificial Intelligence, AI, Military, National Security, Privacy, Data Protection, Digital Rights, Corporate Governance

JEL Classification: K33

Suggested Citation

Lubin, Asaf, Big Data and the Future of Belligerency: Applying the Rights to Privacy and Data Protection to Wartime Artificial Intelligence (2022). Handbook on Warfare and Artificial Intelligence (Geiss & Lahmann eds., 2022 Forthcoming), Indiana Legal Studies Research Paper No. 460, Available at SSRN: https://ssrn.com/abstract=3919195

Asaf Lubin (Contact Author)

Indiana University Maurer School of Law ( email )

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HOME PAGE: http://https://www.law.indiana.edu/about/people/bio.php?name=lubin-asaf

Berkman Klein Center for Internet & Society ( email )

Harvard Law School
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Yale University - Information Society Project ( email )

P.O. Box 208215
New Haven, CT 06520-8215
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Federmann Cybersecurity Center, Hebrew University of Jerusalem Faculty of Law

Mount Scopus
Mount Scopus, IL 91905
Israel

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