Privacy Due Process And The Computational Turn

Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.

This book is about power and freedoms in our technological world and has two main objectives. The first is to demonstrate that a theoretical exploration of the algorithmic governmentality hypothesis combined with the capability approach is useful for a better understanding of power and freedoms in Ambient Intelligence, a world where information and communication technologies are invisible, interconnected, context aware, personalized, adaptive to humans and act autonomously. The second is to argue that these theories are useful for a better comprehension of privacy and data protection concepts and the evolution of their regulation. Having these objectives in mind, the book outlines a number of theses based on two threads: first, the elimination of the social effects of uncertainty and the risks to freedoms and, second, the vindication of rights. Inspired by and building on the outcomes of different philosophical and legal approaches, this book embodies an effort to better understand the challenges posed by Ambient Intelligence technologies, opening paths for more effective realization of rights and rooting legal norms in the preservation of the potentiality of human capabilities.

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

The Threats of Algorithms and A.I. to Civil Rights, Legal Remedies, and American Jurisprudence addresses the many threats to American jurisprudence caused by the growing use of algorithms and artificial intelligence (A.I.). Although algorithms prove valuable to society, that value may also lead to the destruction of the foundations of American jurisprudence by threatening constitutional rights of individuals, creating new liabilities for business managers and board members, disrupting commerce, interfering with long-standing legal remedies, and causing chaos in courtrooms trying to adjudge lawsuits. Alfred R. Cowger, Jr. explains these threats and provides potential solutions for both the general public and legal practitioners. Scholars of legal studies, media studies, and political science will find this book particularly useful.

This book contains a range of invited and submitted papers presented at the 11th IFIP WG 9.2, 9.5, 9.6/11.7, 11.4, 11.6/SIG 9.2.2 International Summer School, held in Karlstad, Sweden, in August 2016. The 17 revised full papers and one short paper included in this volume were carefully selected from a total of 42 submissions and were subject to a two-step review process. The papers combine interdisciplinary approaches to bring together a host of perspectives: technical, legal, regulatory, socio-economic, social, societal, political, ethical, anthropological, philosophical, and psychological. The paper 'Big Data Privacy and Anonymization' is published open access under a CC BY 4.0 license at link.springer.com.

Advertising has long been considered a manipulator of minds and has increased significantly in coercive power since the emergence of research in behavioural psychology. Now with the deployment of neuro-physiological imaging technologies into market contexts, companies are turning to neuromarketing to measure how we think and feel. Data driven models are being used to inform advertising strategies designed to trigger human action at a level beneath conscious awareness. This practice can be understood as a form of consumer biosurveillance: but what is behind the hype? What are the consequences? Biosurveillance in New Media Marketing is a critical reflection on the role that technology is playing in the construction of consumer representations, and its encroachment into the internal lives of individuals and groups. It is a work that examines the relationship between neuromarketing practitioners and machines, and how the discourses and practices emerging from this entanglement are influencing the way we make sense of the world.

This book critically explores forms and techniques of calculation that emerge with digital computation, and their implications. The contributors demonstrate that digital calculative devices matter beyond their specific functions as they progressively shape, transform and govern all areas of our life. In particular, it addresses such questions as: How does the drive to make sense of, and productively use, large amounts of diverse data, inform the development of new calculative devices, logics and techniques? How do these devices, logics and techniques affect our capacity to decide and to act? How do mundane elements of our physical and virtual existence become data to be analysed and rearranged in complex ensembles of people and things? In what ways are conventional notions of public and private, individual and population, certainty and probability, rule and exception transformed and what are the consequences? How does the search for ‘hidden’ connections and patterns change our understanding of social relations and associative life? Do contemporary modes of calculation produce new thresholds of calculability and computability, allowing for the improbable or the merely possible to be embraced and acted upon? As contemporary approaches to governing uncertain futures seek to anticipate future events, how are calculation and decision engaged anew? Drawing together different strands of cutting-edge research that is both theoretically sophisticated and empirically rich, this book makes an important contribution to several areas of scholarship, including the emerging social science field of software studies, and will be a vital resource for students and scholars alike.

An examination of corporate privacy management in the United States, Germany, Spain, France, and the United Kingdom, identifying international best practices and making policy recommendations. Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation—to put more laws “on the books.” But there was scant evidence of how well tighter regulation actually worked “on the ground” in changing corporate (or government) behavior—until now. This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation—Germany and the United States—had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries—like France and Spain—trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.

This book offers readers a deeper understanding of the Cyberspace, of how institutions and industries are reinventing themselves, helping them excel in the transition to a fully digitally connected global economy. Though technology plays a key part in this regard, societal acceptance is the most important underlying condition, as it poses pressing challenges that cut across companies, developers, governments and workers. The book explores the challenges and opportunities involved, current and potential future concepts, critical reflections and best practices. It addresses connected societies, new opportunities for governments, the role of trust in digital networks, and future education networks. In turn, a number of representative case studies demonstrate the current state of development in practice.

Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.