Resumen de Democratic resilience through digital constitutionalism: Addressing risks posed by generative artificial intelligence
Juan Francisco Rodríguez Gamal
Artificial intelligence (AI) has rapidly gained prominence, with the COVID-19 pandemic accelerating the demand for digitisation and integration of algorithms into our daily lives. This technological progress poses a significant challenge to traditional constitutionalism, as the digital world and the preponderance of algorithms require rethinking legal-constitutional frameworks. This study examines the challenges posed by generative artificial intelligence (GenAI) systems in democratic constitutionalism. This highlights the distinctive nature of GenAI compared to previous AI technologies, including widespread accessibility, mass user feedback enabling continuous refinement, and customisable agents allowing greater user autonomy. These features make the fluid and dynamic nature of GenAI systems incompatible with rigid traditional frameworks. This paper reviews the literature identifying key threats of GenAI to democracy and rights, including identity verification, privacy, information fragmentation, disinformation, deepfakes, and the concentration of power among technocrats. It analyses whether current regulatory frameworks, such as the European Union’s Artificial Intelligence Act or Digital Services Act, adequately address these concerns and identify potential gaps and limitations. To comprehensively regulate GenAI's societal impacts, this paper proposes considering digital constitutionalism as a theoretical framework to uphold constitutional principles, such as rights protections and limits on privateconcentration of power in the online sphere and disruptive technology development.