Let’s take AI to Court
In early October, DFF once again hosted activists at our annual strategic litigation retreat in a former healing sanctuary at the foot of the German Alps. Over three days, we came together to deepen our understanding of strategic litigation, sharpen our advocacy tools, and strengthen the community that drives this work forward. We also had moments of relaxation and joy, including a hike that ended with a view of Germany’s tallest mountain, the Zugspitze, and sharing childhood stories by the campsite fire.
One participant summed up their experience at the retreat as: ‘It was incredibly valuable to spend so much time – both structured and unstructured – with a diverse group of like-minded, committed and knowledgeable practitioners.’
Content of the Retreat
Each participant brought a distinct legal case that they are developing that focuses on AI accountability and digital infrastructures. The cases that participants are developing span a wide range of topics, including greenwashing, human rights and environmental degradation relating to data centres, online child safety and combating the use of AI to stifle activism and protests. The cases being developed spanned multiple countries, including the Netherlands, France, Mexico and Hungary.
Tuesday, 7th October marked the start of the working sessions. The morning began with “Pathways to Counter AI Harms”, led by Karolina Iwańska (ECNL), who unpacked the evolving landscape of AI regulation and its intersection with human rights.
We then turned to a session facilitated by DFF titled “From Concept to Strategy: Building a Litigation Strategy”. Together, we explored what we mean by strategy in the context of litigation: why we pursue it, how we shape it, and how it can guide the impact of our work. We then gave each participant a chance to present the legal cases that they would work on through the retreat.
Based on the presentations, participants were put into their retreat working groups. Over multiple days, they worked together to develop each other’s cases through a series of questions, which made them think about litigation planning, advocacy and campaigning, strategic communications, and judgment and implementation.
We also organised a session focusing on future collaborations, where participants could share their current needs and the expertise they could offer others. What was incredible about that session was just how many very concrete future touchpoints were developed.
One participant particularly mentioned this aspect of the retreat, saying, ‘There is value in collective brainstorming, understanding your needs and gaps and how other people can help with their expertise to point you in the right direction.’
Looking to the Future
This strategic litigation retreat is part of our recently launched AI and Digital Infrastructure Strategic Litigation Hub (AI Hub). Through monthly calls, regular in-person meetups and meaningful knowledge and skill-sharing, we want to foster lasting partnerships and coordinated litigation efforts in order to hold Big Tech, governments and other relevant actors accountable for the harms caused by AI and digital infrastructure.