Justice / Publication
March 06, 2025

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

When we talk about the power of Big Tech in terms of structural dependency or strategic autonomy, this is only part of the story. Yes, technology companies provide the tools and distribution infrastructures that form the backbone of our digital society. However, in that process of digitisation, these companies affect our society more fundamentally and structurally. They can play a pivotal role in re-inventing our democratic institutions and associated public values. In her latest publication, AlgoSoc’s scientific director, Prof Natali Helberger, explores this dynamic for the evolving role of courts in the digital world and discuss how technological advancements and artificial intelligence are transmuting traditional adjudication processes but also our very ideas of what courts or judicial values are. The topic has arguably become even more pressing with the unholy alliance between technological power, political power, and ideology, which is transforming US Big Tech and democratic institutions today.

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.

The article "The Rise of Technology Courts" is published in Computer Law & Security Review, Volume 56. You can find the full open acces article here.