The rise of technology courts, or: How technology companies re-invent adjudication for a digital world

Computer Law & Security Review, vol. 56, num: 106118, 2025

Abstract

The article “The Rise of Technology Courts” explores the evolving role of courts in the digital world, where technological advancements and artificial intelligence (AI) are transforming traditional adjudication processes. It argues that traditional courts are undergoing a significant transition due to digitization and the increasing influence of technology companies. The paper frames this transformation through the concept of the “sphere of the digital,” which explains how digital technology and AI redefine societal expectations of what courts should be and how they function. The article highlights that technology is not only changing the materiality of courts—moving from physical buildings to digital portals—but also affecting their symbolic function as public institutions. It discusses the emergence of AI-powered judicial services, online dispute resolution (ODR), and technology-driven alternative adjudication bodies like the Meta Oversight Board. These developments challenge the traditional notions of judicial authority, jurisdiction, and legal expertise. The paper concludes that while these technology-driven solutions offer increased efficiency and accessibility, they also raise fundamental questions about the legitimacy, transparency, and independence of adjudicatory bodies. As technology companies continue to shape digital justice, the article also argues that there are lessons to learn for the role and structure of traditional courts to ensure that human rights and public values are upheld.

ai, big tech, digital transformation, digitisation, justice, values

Bibtex

Article{nokey, title = {The rise of technology courts, or: How technology companies re-invent adjudication for a digital world}, author = {Helberger, N.}, doi = {https://doi.org/10.1016/j.clsr.2025.106118}, year = {2025}, date = {2025-03-05}, journal = {Computer Law & Security Review}, volume = {56}, number = {106118}, pages = {}, abstract = {The article “The Rise of Technology Courts” explores the evolving role of courts in the digital world, where technological advancements and artificial intelligence (AI) are transforming traditional adjudication processes. It argues that traditional courts are undergoing a significant transition due to digitization and the increasing influence of technology companies. The paper frames this transformation through the concept of the “sphere of the digital,” which explains how digital technology and AI redefine societal expectations of what courts should be and how they function. The article highlights that technology is not only changing the materiality of courts—moving from physical buildings to digital portals—but also affecting their symbolic function as public institutions. It discusses the emergence of AI-powered judicial services, online dispute resolution (ODR), and technology-driven alternative adjudication bodies like the Meta Oversight Board. These developments challenge the traditional notions of judicial authority, jurisdiction, and legal expertise. The paper concludes that while these technology-driven solutions offer increased efficiency and accessibility, they also raise fundamental questions about the legitimacy, transparency, and independence of adjudicatory bodies. As technology companies continue to shape digital justice, the article also argues that there are lessons to learn for the role and structure of traditional courts to ensure that human rights and public values are upheld.}, keywords = {ai, big tech, digital transformation, digitisation, justice, values}, }

Putting the DSA into Practice: Enforcement, Access to Justice and Global Implications external link

Verfassungsbooks, 2023, ISBN: 9783757517960

Abstract

The Digital Services Act was finally published in the Official Journal of the European Union on 27 October 2022. This publication marks the end of a years-long drafting and negotiation process, and opens a new chapter: that of its enforcement, practicable access to justice, and potential to set global precedents. The Act has been portrayed as Europe’s new „Digital Constitution“, which affirms the primacy of democratic rulemaking over the private transnational ordering mechanisms of Big Tech. With it, the European Union aims once again to set a global standard in the regulation of the digital environment. But will the Digital Services Act be able to live up to its expectations, and under what conditions?

big tech, DSA, enforcement

Bibtex

Book{nokey, title = {Putting the DSA into Practice: Enforcement, Access to Justice and Global Implications}, author = {van Hoboken, J. and Quintais, J. and Appelman, N. and Fahy, R. and Buri, I. and Straub, M.}, url = {https://verfassungsblog.de/wp-content/uploads/2023/02/vHoboken-et-al_Putting-the-DSA-into-Practice.pdf}, doi = {https://doi.org/10.17176/20230208-093135-0}, year = {2023}, date = {2023-02-17}, abstract = {The Digital Services Act was finally published in the Official Journal of the European Union on 27 October 2022. This publication marks the end of a years-long drafting and negotiation process, and opens a new chapter: that of its enforcement, practicable access to justice, and potential to set global precedents. The Act has been portrayed as Europe’s new „Digital Constitution“, which affirms the primacy of democratic rulemaking over the private transnational ordering mechanisms of Big Tech. With it, the European Union aims once again to set a global standard in the regulation of the digital environment. But will the Digital Services Act be able to live up to its expectations, and under what conditions?}, keywords = {big tech, DSA, enforcement}, }