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http://dx.doi.org/10.17176/20221005-230853-0 https://verfassungsblog.de/filtering-fundamental-rights/ Filtering fundamental rights - DSM, DSA and algorithms in digital architectures Lennartz, Jannis Kraetzig, Viktoria eng 2022-10-05 electronic resource text/html ddc:342 algorithms Copyright Digital Services Act DSA DSM upload filters Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 On platforms, the protection of fundamental rights is increasingly provided by algorithms. With the Digital Services Act (DSA) at the door, algorithms used for copyright protection were probably only the first step in regard to automated decision-making. Indeed, the DSA, conceived by the Union legislator as the new constitution of the Internet, presupposes the use of algorithmic filtering. Human pre-examination has become impossible due to the sheer amount of user-generated content. Filters are an effective moderation tool that is cost-effective compared to human review. But being fast is easier than being right: the usual method of applying European fundamental rights hangs heavily on the proportionality test, which at least at the current technological level escapes automation: fundamental rights cannot be filtered.