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From the algorithmic tyrant to the DNA market, and from the deepfake culture to the virtual resurrection: how we must redefine rights for the future

At the end of 2019 we can say without much doubt that it is a year that has given images and milestones that help to reduce the barriers that separate reality from science fiction.

A short time ago we saw that in the street demonstrations in Hong Kong,
Prodemocracy protesters used lasers to make it difficult to recognize the facial patterns that algorithms perform, since these systems are the tool used by the police and the authorities to identify protesters. The artificial intelligence that nourishes this software is the center of the controversy: its "effectiveness" and its legality place it today in a hot global debate about its use from which Argentina is not exempt.

This is also a year where
The deepfakes have definitely been consolidated. Beyond the astonishment and even the fun that the sophisticated use of these technologies can cause, what underlies is how much damage they can cause in the era of fake news and misinformation.

For example,
Lyrebird, a Montreal-based startup, uses artificial intelligence to recreate voices: if a piece of audio spoken by a person is offered to the software, it can be made to say anything with that same voice.

With these technologies, the protection of the rights of people and the damage against institutions, politicians and celebrities are at stake in a context where the updating of the legislation still does not have the exponential speed of technological change.

privacy in the digital age It is a recurring theme that leads to many legal complications, therefore, the Right to Individual Privacy is a field of advocacy to be booming, "says Juan Bello, VP Digital Solutions of GlobalLogic Argentina.

"Days ago I was wondering if what it shows could happen
The futuristic HBO series Years and Years and right now I have the feeling that is happening, is happening. And these changes, although they are facilitated by technology, are human changes "- says Diego Luque, Partner and Chief Strategy Officer of Picnic Latam-; we are in a time in full movement, before a change of era, shaping the future between the illusion of improvements and uncertainty. "

The "candidates" deepfake against misinformation


More questions than answers

Undoubtedly, we are facing unexplored territories where the law is far from coming.
dnaNUDGE is a startup that opened its doors this November in London urging people to a "better lifestyle based on your DNA". The proposal is to improve purchasing decisions taking into account genetic information. On the other side, there are already companies like
Nebula Genomics that offer people to own the genetic code to prevent it from being exploited (the patenting of the human genetic code is
circling since its first sequencing in 2000). on the other hand, is a company that seeks that individuals can monetize their own medical information. But there is a legal and ethical issue: for what purposes will this information be exploited? Can the dissemination of these data turn against people, their rights or access to health, insurance, work? How to prevent people in situations of need from being exploited?

But not only on health or DNA issues: death can also be commercialized (and transcendence after death). Last September, the producer of holographic shows BASE Hologram
announced the upcoming dates of "A night with Whitney: the Whitney Houston Hologram Tour", a series of tours to be held in 2020, where attendees will see a hologram of the singer singing and dancing on stage with digitally remastered arrangements.

And projects like seem to go after the idea that death does not amount to oblivion. Its creator built a chatbot that responds like his dead father. After compiling oral recordings I turned them into a "Dadbot",
a kind of voice assistant who answers queries with his father's family cadence. His project tries to "capture the true spirit of people and allow their stories to become immortal for their loved ones."

Will we have to clarify in the wills if we do not want our voice or our image to be used in any way after our death?

The rights of the future

In his book "Inevitable," Kevin Kelly – Wired editor and writer – states that everything digital can be replicated. "It is a world where software continues to eat the world, it is likely that all the characteristics that make us human beings are replicable. We are thinking more about entering a system than the consequences of it," explains Edwin Rager, strategy specialist .

For Fernando Tomeo, lawyer specializing in Digital Law, Privacy and Personal Data, the right of the future to go through aspects related to the algorithm industry, the internet of things and the universe of artificial intelligence. "All of them definitely impact on the digital identity, the protection of the privacy and personal data of the citizens. The education and digital awareness work from the family, the school institution and the State as well as a serious and reasonable regulation will be very important about disruptive technologies. "

Algorithms tend to reproduce the bias of those who formulated them or the data they use to improveAlgorithms tend to reproduce the bias of those who formulated them or the data they use to improve Credit: Shutterstock

Another more mundane assumption arises from the damages that may arise from augmented reality. "For example: if there is no preserved space for an augmented reality session, and I go out with a sword and a virtual reality mask to kill imaginary warriors on Florida Street, I can generate damage to the passers-by. Identical situation is already being raised. with the development of autonomous vehicles and the damage they produce to pedestrians,
in fact there are already lawsuits raised in the US for two cases that have occurred, "exemplifies Agustn Allende, a lawyer specializing in Regulations and Compliance in New Technologies.