The article aims at challenging the narrative that technology is inclusive and discusses that states resorting more frequently to technology, in particular to algorithm, are altering the traditional paradigm of the relationship between the state and the individual. Algorithm is indeed progressively twisting the traditional form of state toward a more exclusive, accountable-free and controlling form of state. The dichotomy inclusiveness/exclusiveness is at the centre of the analysis, because the state justify resorting to algorithm by claiming that it is the suitable tool to address state deficiencies and making the state more efficient and effective. Hence, the state is abdicating the exercise of some important functions to the algorithm. The analysis of the most relevant algorithmic programmes implemented by states so far in the judiciary and the welfare sector proves that the algorithm is perpetuating social bias and discrimination, thus raising significant criticalities in terms of infringements of the rule of law.