Topics: Law, feminist theories, privacy, sexual autonomy, gender equality, diversity, intersectionality, social discrimination, sexual violence, children’s rights, social media platforms, artificial intelligence, reproductive technologies, sex robotics, deepfakes, data protection, impact assessment.
Disciplines: Law, gender studies, AI
Admission requirements:
This course is an (extracurricular) Honours Class: an elective course within the Honours College programme. Third year students who don’t participate in the Honours College, have the opportunity to apply for a Bachelor Honours Class. Students will be selected based on i.a. their motivation and average grade.
Description:
Technology is not value-neutral, meaning that it can be designed and/or used to pursue certain outcomes and have consequences, be they predictable or not. As such, technology can be considered socially shaped and closely tied to gender dynamics. More precisely, gender becomes embedded in technology and, vice versa, technology can be deployed to reinforce or subvert gender norms. Since the 1970s, feminist discourse has actively engaged in critical discussions around these intersections, responding to the recognition of gender inequality as a pervasive, real-world problem.
Against this backdrop, the question arises: What role does the law play in this complex interplay? Can it be considered a means to perpetuate the structural norms of gender inequality that have traditionally characterized society? Alternatively, can the law be transformed into a proactive arena for driving meaningful social change?
In this course, you will learn the constitutive and mutual relationship between gender and technology through socio-legal lenses. After getting the basics of gender studies and feminist legal theories, we will address some of the most pressing questions, including gender bias of AI applications and online and technology-based violence against women and girls. Additionally, we will link real-life scenarios involving current technologies to the corresponding legal and policy frameworks, exploring how the law plays out in practice. The focus will be on Europe, with potential references to international policy measures. If relevant, national and European case-law will be examined. All the lectures will blend frontal instruction, problem-oriented learning, and gamification.
Course objectives:
Upon successful completion of this course, students will:
gain knowledge about gender studies and feminist theories to critically assess the intersection of law and technology;
map new technologies that can shape or be shaped by the social construction of gender;
develop a critical attitude towards the constitutive and mutual relationship between gender and technology through legal lenses;
identify applicable laws, policy, and other measures to the case-studies under scrutiny;
develop intellectual curiosity and forward-looking thinking.
Programme and timetable:
The sessions of this class will take place on the following Thursdays from 17.15-19.00:
Session 1: February 6, 2025
Introduction to law, gender, and technology
Lecture by Carlotta Rigotti:
The integration of artificial intelligence (AI) and other technologies in society and its social construction of gender are accelerating. AI systems can be software-based, acting in the virtual world mainly with some physical support, such as voice assistants like Alexa or Google Home. Alternatively, they can be embedded in more complex hardware devices that operate in the environment, such as sex robots. Whilst the current legal framework often lacks a gender-sensitive perspective, the feminist discourse has actively engaged in critical discussions around the design and use of new technologies and their impact on women’s lives and the social construction of gender since the 1970s. Against this backdrop, this introductory lecture will examine the main legal frameworks on technology in Europe, shedding light on their shortcomings in addressing gender-sensitive and diversity concerns. Additionally, we will explore the discourse surrounding technological innovation from a feminist perspective. General information about the practical aspects of the course will also be shared.
Session 2: February 13
Setting foundations for feminist scholarship in legal discourse
Lecture by Carlotta Rigotti:
In this lecture, we will discuss the intricate terrain of feminist theories, delving into seminal and opposing works that have historically informed the legal discourse in Europe. Our journey will begin in the XIX century, when women first began to liaise and denounce the social subordination that they had so far experienced. We will then narrow down the scope to those feminism narratives that have challenged and sought to reshape the very foundations of legal structures (e.g., Catherine McKinnon, Martha Albertson Fineman). At the same time, we will cover some key concepts within gender and feminist studies that are fundamental to critically discuss legal frameworks and reform on new technologies. Special emphasis will put on the social construction of gender, intersectionality, and the violence continuum theories. Time will be allocated to discussing and outline the groundwork for the group presentation at the research symposium.
Session 3 February 20
Regulating online and technology-facilitated violence against women
Lecture by Carlotta Rigotti:
This lecture will examine online and technology-facilitated violence against women. After gamifying the exploration and comprehension of the various definitions and perspectives, the discussion will focus on legislative and policy measures, such as the European Commission proposal for a directive on violence against women and domestic violence, along with their ambitions and limitations. Key themes will include the complexities of defining online and technology-facilitated violence, the role of social media platform responsibility, and the limitations of a criminal law approach. The lecture will also consider diversity, post-colonial, and ethical considerations in curbing online and other abuse.
Session 4: February 27
Balancing girls’ rights in the digital age
Lecture by Domenico Rosani (Utrecht University)
This guest lecture will explore how girls’ rights in the digital space often compete and how states must balance them. Through three scenarios - consensual 'sexting' among adolescents, dark web investigations of child sexual abuse, and digital marketing to children - it will examine complex issues. Notably, it will debate whether 'sexting' is harmless self-expression or poses risks of exploitation. It will question the ethical implications of undercover operations on the dark web for identifying child victims. Lastly, it will delve into the impact of digital marketing on children's rights, considering privacy concerns and the exploitation of children's data for targeted advertising.
Session 5 March 6
Pornography and DSA
Lecture by Carlotta Rigotti
In December 2023, the European Commission identified three pornography websites as significant online platforms falling under the scope of the Digital Service Act (DSA). This lecture will focus on the intricate dynamics surrounding the regulation of pornography in the digital era, particularly from a feminist standpoint. Beginning with the distinction between pornography and online and technology-facilitated violence against women, the discussion will then move to the DSA and its implications for online platforms and user-generated content. We will examine the delicate balance between various interests and rights, including freedom of expression, sexual autonomy, and privacy, with a particular focus on DSA policy measures such as content moderation.
Session 6 March 13
Data protection impact assessments and safety apps: A feminist perspective
Lecture by Carlotta Rigotti (Leiden University) & Alessandra Calvi (Vrije Universiteit Brussel)
This guest lecture will position data protection impact assessments (DPIAs) within the context of the smart city, with a particular focus on safety apps designed to report instances of sexual harassment and catcalling on the streets. Through a feminist lens, we will explore the ambitions and limitations of DPIAs in safeguarding privacy and promoting gender equality in smart cities. Drawing on real-world case studies and expert insights, we will critically analyze the efficacy of DPIAs in addressing the unique challenges faced by women and other socially marginalized communities in reporting and combatting street harassment and other forms of gender-based abuse.
Session 7 March 20 15.15-19.00
Group presentation (I)
Instructor: Carlotta Rigotti
In this dynamic lecture, three student groups will present their in-depth analysis, examining how a technology intersect with gender dynamics and legal frameworks. Following the presentations, the floor will open to all students for a Q&A session, encouraging insightful discussions and critical reflections. Additionally, dedicated time will be set aside for constructive feedback on presentation skills, including language proficiency, time management, coherence, originality, and more.
Session 8 March 27 15.15-19.00
Group presentation (II)
Instructor: Carlotta Rigotti
In this dynamic lecture, three student groups will present their in-depth analysis, examining how a technology intersect with gender dynamics and legal frameworks. Following the presentations, the floor will open to all students for a Q&A session, encouraging insightful discussions and critical reflections. Additionally, dedicated time will be set aside for constructive feedback on presentation skills, including language proficiency, time management, coherence, originality, and more.
Session 9 April 3
Sex robotics at the intersection of criminalisation and the AI Act
Lecture by Carlotta Rigotti:
This lecture will cover the controversial and futuristic realm of sex robotics, exploring diverse viewpoints and proposing a balanced, legal framework. Despite optimistic expectations for sexual liberalization and empowerment, there are growing conservative concerns about the reproduction and perpetuation of sexual commodification and harmful gender stereotypes. Accordingly, the lecture will critically evaluate calls for a preemptive prohibition, emphasizing the chance to minimize the impact of criminal law on personal liberties and look at other legal and policy measures, such as compliance with the AI Act. In the attempt for a balance between sexual autonomy and gender equality, you will actively participate in a design exercise aimed at fostering critical thinking and policy-driven approaches.
Session 10 April 10
Gender considerations in healthcare and robotics
Lecture by Carlotta Rigotti (Leiden University) & Eduard Fosch-Villaronga (Leiden University)
This guest lectures highlights the importance of integrating diversity considerations in healthcare and robotics. While there is growing awareness of diversity in medicine, little research explores its integration into concrete innovations like rehabilitation robotics. The class highlights how robot policy ecosystems often overlook gender identity understanding, leading to potential safety risks and discrimination in robot design. Specifically, ISO 13482:2014, a safety standard for personal care robots, is examined for its gaps in addressing diversity, resulting in potentially harmful robot systems. Through case studies and analysis, students explore the impact of disregarding gender and medical considerations on user safety.
Session 11 April 17
Femtech: Social subordination or personal empowerment?
Lecture by Carlotta Rigotti
In this lecture, we will explore the multifaceted dimensions of reproductive technologies, delving into their social, policy, and legal implications, a topic central to feminist discussions since the 1970s. While tracing the historical roots of feminist movements' engagement with abortion and contraception rights, the focus will shift to contemporary issues, such as period tracking apps and artificial wombs. Such technological innovation necessitates a delicate balance between conflicting interests and rights, particularly in the realms of sexual autonomy, privacy, and gender equality. Indeed, though originally considered tools for women's liberation and empowerment, reproductive technologies are now raising concerns about potential control and surveillance, leading us to question whether existing legal frameworks, like the General Data Protection Regulation no. 2016/679 (GDPR), can offer new avenues for protection.
Session 12: April 24
Diversity bias of AI applications: A case study on recruitment
Lecture by Carlotta Rigotti
In the last decades, AI applications have been launched in the labor market, particularly for hiring purposes. Whilst their efficiency in processing information far exceeds human capabilities, there is a concerning trend of these AI applications perpetuating diversity bias, leading to social marginalization, stigmatization, and discrimination on grounds of personal characteristics. Against this backdrop, students will participate in a role play exercise aimed at identifying diversity biases within the hiring process. Key themes covered in this lecture will include the analysis of existing and future legal frameworks, such as the GDPR and anti-discrimination law, to assess their efficacy in addressing diversity bias. Attention will also be paid to alternative, policy and technical measures proposed in the relevant literature (e.g., algorithmic auditing, de-biasing devices). Time will be allocated to discussing and outline the groundwork for the final essay.
Location:
Kamerlingh Onnes Building
Reading list:
All the following readings materials are open access or available in the library catalogue.
Please consider that this list will be expanded and updated to reflect the novelty of the topics covered in this course and the expanding body of literature that emerges from it. Additionally, this list only covers mandatory readings, while students will be provided with supplementary materials that could help them broaden their knowledge within and outside this course.
Allen A. (2023). ‘An intersectional lens on online gender-based violence and the DSA’ in Joris van Hoboken, João Pedro Quintais, Naomi Appelman, Ronan Fahy, Ilaria Buri & Marlene Straub (eds.) Putting the DSA into practice. Enforcement, access to justice and global implications (Verfassungsbooks) 121-134
Aloisi, A. (2023) ‘Regulating algorithmic management at work in the European Union: Data protection, non-discrimination and collective rights. International Journal of Comparative Labour Law and Industrial Relations, 40(1), 1–34
Calvi, A. (2023). Exploring the synergies between non-discrimination and data protection: What role for EU data protection law to address intersectional discrimination?. European Journal of Law and Technology, 14(2)
Calvi A. (2024, forthcoming), Data protection impact assessment in the European Union: A feminist reflection. European Journail of Law and Technology
Corner, C. (2022) ‘Victim-blaming AIs’. AI & Society https://doi.org/10.1007/s00146-022-01567-z
Crenshaw, C. (1989). Demarginalizing the intersection of race and sex: A black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics, University of Chicago Legal Forum, 1(8), 139-167
D’Ignazio, C. & Klein, L. (2020) Data feminism (The MIT Press) Chapter 1
Fredman, S. (2016). Intersectional discrimination in EU gender equality and discrimination law. Only pp. 27-37 and 62-69
Fosch-Villaronga, E. and Drukarch H. (2023) ‘Accounting for diversity in robot design, testbeds, and safety standardization’ International Journal of Social Robotics, 15, 1871
Gillespie, A. (2013). ‘Adolescents, sexting, and human rights’. Human Rights Law Review 13(4) 623
Lacey. N. (2004) ‘Feminist legal theories and the rights of women,’ in Karen Knop (ed.), Gender and human rights (Oxford University Press, 2004) pp. 13-55
MacMillan, C. (2022) ‘Monitoring female fertility through “femtech”: The need for a whole-system approach to regulation’. Medical Law Review, 30(3), 410
Rigotti, C. (2020) ‘Sex robots through feminist lenses’. Filosofia, 65 doi.org/10.13135/2704-8195/5076
Rigotti, C. & McGlynn, C. (2022) ‘Towards an EU criminal law on violence against women: The ambitions and limitations of the Commission’s proposal to criminalise image-based sexual abuse’. New Journal of European Criminal Law, 13(4), 452
Søraa, R. A. (2017). Mechanical genders: how do humans gender robots?. Gender, Technology and Development, 21(1-2), 99-115
Wajcman, J., Young, E. & Fitzmaurice, A. (2020). ‘The digital revolution: Implications for gender equality and women right’s 25 years after Beijing’ (UN Women)
Witting, S. (2019). Regulating bodies: the moral panic of child sexuality in the digital era, Critical Quarterly for Legislation and Law
Course load and teaching method:
This course load is 5 EC (140 hours):
Seminars: 10 seminars of 2 hours = 20 hours
Seminar readings and preparation: 2 x 10 seminars = 20 hours
Research colloquium: 4 hours
Research colloquium preparation: 30 hours
Final essay: 66 hours
The teaching method employed in this course is hybrid, combining traditional frontal explanations with interactive and gamified exercises. These exercises encompass role-playing scenarios, quizzes, and various interactive activities. Students will actively participate in small debates, fostering the development of their critical reasoning skills. Throughout the course, students will be encouraged to engage in continuous questioning and participation to enhance their learning experience.
Assessment methods:
40% Presentation during a research symposium: Students will be tasked with presenting on a legal issue pertinent to the theme of the course. This could involve discussing a controversial topic, a landmark case not covered in class, a current or historical debate, or a newsworthy item. Following the division into groups on Thursday, February 6th, students will collaborate to brainstorm and refine their chosen presentation topic. The following week, during the lecture's conclusion, they will have the opportunity to discuss their chosen topic with the instructors. To ensure adequate preparation, students must submit their PowerPoint presentation to the instructors up to two days prior to the research colloquium. Failure to meet this deadline will result in a downgrade in the overall assessment. On Thursday, 20th March 2025, presentations will be approximately 20 minutes in length, followed by a Q&A session. Students are required to utilize PowerPoint slides, incorporating detailed references such as in-text citations, footnotes, and/or a bibliography slide. Assessment criteria will focus on the relevance, presentation style, logical coherence, and adherence to time constraints of each presentation.
60% Final paper: During the next to the last lecture (namely, Thursday 17 April 2025), students will receive the title for their final paper assignment. This task entails analyzing a technology that has not been addressed in class, yet students have acquired the requisite knowledge and skills to develop adequate socio-legal analysis. The paper should not exceed 6000 words, including references, and students may utilize APA or OSCOLA referencing styles. The submission deadline for the final paper is set for Friday, May 2, 2025, at 19 CET. Assessment criteria will emphasize the paper's structure, clarity of language, coherence, depth of critical analysis, and legal insights.
It is not required to successfully complete all partial exams in order to pass this course. Students are allowed to compensate a ‘fail’ (grades up to and including 5.0). The assessment methods will be further explained in the first session of the class.
Brightspace and uSis:
Brightspace will be used in this course. Upon admission students will be enrolled in Brightspace by the teaching administration.
Please note: students are not required to register through uSis for the Bachelor Honours Classes. Your registration will be done centrally.
Application process:
Submitting an application for this course is possible from Monday 28 October up to and including Sunday 17 November 2024 23:59 through the link on the Honours Academy student website.
Note: students don’t have to register for the Bachelor Honours Classes in uSis. The registration is done centrally before the start of the class.
Contact:
Carlotta Rigotti, eLaw Center for Law and Digital Technologies (Leiden University)
c.rigotti@law.leidenuniv.nl