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We The People v/s Technology

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Technology has played a pivotal role in revolutionising the field of legal research.

1. Introduction:

Technology is a tool, but a tool that can be used to bring about massive changes in our society. For example, our constant connectedness through the use of smart phones, social media, and email lead many to bemoan the breakdown of our social bonds, but they often do so using these methods to make their voices heard. Social media, big data and smartphone addiction are killing democracyAs you begin your day, you likely check your email, social media accounts, various app notifications, and even breaking news alerts that came in as you sleep. Both state and non-state political actors can deliberately manipulate and amplify non-factual information online[1].

Back in 1890, in a landmark and still highly relevant article for the Harvard Business Review, Samuel Warren and Louis Brandeis (who would both later become Supreme Court Justices) questioned whether the arrival of the camera would put citizens at risk from constant surveillance. They realised that new technology often shifts delicate social norms, and therefore new laws are sometimes needed to keep up. The intensity and complexity of the early nineteenth century, thought Warren and Brandeis, meant that solitude and privacy have become more essential to the individual. They argued that citizens needed a right to be let alone.

This is damaging to the citizens ability to exercise moral judgement in their lives. Developing the faculties to think for oneself requires that people say controversial things, make mistakes and learn from them. But social media creates a strange form of performative politics, where we all act out certain roles and acceptable public responses (this idea is bad! This person is good!), which limits the room for genuine personal growth. For example, the ability to forget is an important part of self- development, because changing ones mind is how we are able to mature and grow. As an increasing number of people both famous and not have found to their cost, digital technology never forgets. Sometimes that has the benefit of uncovering powerful peoples motives and prejudices. But when one idiotic remark made on a forum when you were young and ill-informed exists forever, and can be dug up and republished exactly as it was, more and more people will conclude it is safer just to never say anything. This is not a good environment for the development of healthy, thinking adults.[2]

2. Need of the Technology in Law:

A healthy democracy needs informed citizens is no less than a gospel truth in todays 21st century. The media essentially contribute to the functioning of democracy since they set the agenda, provide background information and represent different viewpoints with regard to political issues. Technology can help lawyers with their tasks by providing them with easy access to information, but it also poses threats to their work as well as to their clients' privacy.

Technology is not limited to Business sectors only, but it has paved its way into the legal industry as well. Corporate law firms have adapted and embraced the technology for lawyers as it has made their work process much easier and simpler. Technology is proving best friend to lawyers in various areas of work and many litigation lawyers have already started embracing technology in their daily routine.[3] It can help law firms and law offices to achieve higher milestones driving their work capacity and sorting their small work issues for instance case updates, client management, etc.

3. Relationship of law and technology:

  • First, it is important to recognize that law and technology are mutually interdependent. Technology can shape the law, and the law can shape technology.
  • Second, it is important to be aware of the potential for conflict between law and technology. As new technologies emerge, it is possible that they will challenge existing laws or create new legal loopholes.
  • Finally, it is important to be proactive in addressing the legal challenges posed by new technologies. By working together, law and technology professionals can help to ensure that the benefits of new technologies are realized while the risks are minimized.

4. Benefits:

They utilize apps, social media and other technology to raise awareness, recruit activists and organize protests. And they use social media to promote voting drives and other community engagement initiatives.For people who are on social media, it is virtually impossible to avoid reminders and encouragement to vote, said Jen Golbeck, a University of Maryland professor who studies social networks.

The free flow of information via the internet and social media contributes to open debate and an exchange of ideas, two crucial tenets of democracy. Social media tools can transcend national boundaries, empowering international citizen action.

Speaking of federalism, technology has the ability to increase government accountability by eliminating the distance between citizens and the lawmakers who represent them. Not only that, but it also has the potential to enhance participation in the democratic process by streamlining the distribution of information and allowing citizens to connect and organize or share and debate ideasall of which has the potential to help our democracy flourish as never before.

5. Limitation:

  • political Apathy: One of the glaring issues in Indian democracy is the widespread political apathy among the youth. Many students seem disengaged from the political process, which can weaken the foundation of democracy.
  • Corruption: Corruption remains a significant challenge in Indian politics. It hampers the efficient functioning of democratic institutions and undermines public trust.
  • Criminalization of Politics: The presence of politicians with criminal backgrounds is a growing concern. This not only affects the credibility of the political system but also poses a threat to the rule of law.
  • Economic Disparities: India's democracy has not been as effective in addressing economic inequalities. Millions still live in poverty, lacking access to basic amenities and opportunities.
  • Security and Cyber Risks: Firms are introducing digital tools for file sharing, accessibility, and correspondence between lawyers and clients. More digital access avenues mean more opportunities for mistakes, oversights, and hacks. The legal industry faces a grave threat and with cyber insurance costs soaring, cybersecurity is non-negotiable.The World Economic Forum recently identified the rapid spread of misinformation online as among the top 10 perils to society[4].
  • Caste and Religious Divisions: Despite constitutional safeguards, caste and religious divisions continue to play a significant role in politics. These divisions can lead to polarized voting and hinder social cohesion.

6. Conclusion:

Technology has heralded new beginnings for forward-thinking firms. A better quality of life, task efficiency, and improved profitability are exciting prospects. The advantages have changed the industry forever and deliver a much cleaner and more favorable service for clients.

We had for several years seen how social-media was helping democracy grow in vertiginous fashion but unfortunately that learning curve where the advances excitement that comes from the activities have transitioned or transmogrified into tools of control for dictators. Alas! it has today indeed made social media weak like a Compromised Immune System.

However, with great innovation comes concerning perils. Worrying cybersecurity and capital outlay are going to be a constant. Software with robust security and free versions like Loio, Nolo, and Google Drive are pioneering but not the norm. The hesitancy to change that has dogged the industry is no longer tolerated leaving firms in a contentious position. There is no doubt that technology will continue to permeate the industry but who it augments and who it tears down remains to be seen.

  • Citation

1.comprop.oii.ox.ac.uk

2. The People vs. Tech - Author, Jamie Bartlett.

3. https://www.legalkart.com/legal-blog/importance-of-technology-for-lawyers-in-the-coming-times

4. World Economic Forum, 2014,Report.

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