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Regulation

Strict-ish liability? An experiment in the law as algorithm

Some researchers in the US recently conducted an ‘experiment in the law as algorithm’. (One of the researchers involved with the project was interviewed by Ars Technia, here.) At first glance, this seems like quite a simple undertaking for someone with knowledge of a particular law and mathematical proficiency: laws are clearly defined rules, which can be broken in clearly defined ways. This is most true for strict liability offences, which require no proof of a mental element of the offence (the mens rea). An individual can commit a strict liability offence even if she had no knowledge that her act was criminal and had no intention to commit the crime. All that is required under strict liability statutes is that the act itself (the actus reus) is voluntary. Essentially: if you did it, you’re liable – it doesn’t matter why or how. So, for strict liability offences such as speeding it would seem straightforward enough to create an algorithm that could compare actual driving speed with the legal speed limit, and adjudicate liability accordingly.

This possibility of law as algorithm is what the US researchers aimed to test out with their experiment. They imagined the future possibility of automated law enforcement, especially for simple laws like those governing driving. To conduct their experiment, the researchers assigned a group of 52 programmers the task of automating the enforcement of driving speed limits. A late-model vehicle was equipped with a sensor that collected actual vehicle speed over an hour-long commute. The programmers (without collaboration) each wrote a program that computed the number of speed limit violations and issued mock traffic tickets.Read More »Strict-ish liability? An experiment in the law as algorithm

Why slaughterhouses should welcome CCTV

by Rebecca Roache

Covertly filming shocking animal abuse in the meat industry (and other industries involving animals) is a common tactic of animal welfare charities such as the Humane Society, Mercy for Animals, Animal Aid, and PETA. The footage is generally obtained by workers for the charities who gain employment at slaughterhouses, farms, laboratories and the like; and it has been instrumental in prosecuting abusers and applying pressure on meat producers to improve welfare standards, as the New York Times reported at the weekend.

The same article also reports a disturbing response to this practice by several US states:

They proposed or enacted bills that would make it illegal to covertly videotape livestock farms, or apply for a job at one without disclosing ties to animal rights groups. They have also drafted measures to require such videos to be given to the authorities almost immediately, which activists say would thwart any meaningful undercover investigation of large factory farms.

Those who flout this so-called ‘ag-gag’  legislation may, among other things, be placed on a ‘terrorist registry’.

Read More »Why slaughterhouses should welcome CCTV

Kyle Edwards: Methods of Legitimation: How Ethics Committees Decide Which Reasons Count (Podcast)

The most recent St. Cross Ethics Seminar took place on February 28th, 2013. Kyle Edwards, who is currently a DPhil Candidate at Oxford, led it. Her informative and compelling presentation was entitled “Methods of Legitimation: How Ethics Committees Decide Which Reasons Count.”

(A podcast of the seminar is located here: http://media.philosophy.ox.ac.uk/uehiro/HT13STX_KE.mp3)

Read More »Kyle Edwards: Methods of Legitimation: How Ethics Committees Decide Which Reasons Count (Podcast)

Facebook: You are your ‘Likes’

By Charles Foster

When you click ‘Like’ on Facebook, you’re giving away a lot more than you might think. Your ‘Likes’ can be assembled by an algorithm into a terrifyingly accurate portrait.

Here are the chances of an accurate prediction: Single v in a relationship: 67%; Parents still together when you were 21: 60%; Cigarette smoking: 73%; Alcohol drinking: 70%; Drug-using: 65%; Caucasian v African American: 95%; Christianity v Islam: 82%; Democrat v Republican: 85%; Male homosexuality: 88%; Female homosexuality: 75%; Gender: 93%.Read More »Facebook: You are your ‘Likes’

Don’t stay up and decide: sleep deprivation and the culture of late night summits

Would you trust a minister of finance explaining how he just fixed the latest euro-zone deal if he came out of the summit chambers tipsily waving a glass of wine? No? What about if he gave a press conference after an all-night session? Most likely nobody would even notice.

Yet 24 hours without sleep has (roughly) the same effect on decision-making as a 0.1% blood alcohol content (six glasses of wine in an hour). You would not be allowed to drive at this alcohol level, but you are apparently allowed to make major political decisions.

The example is from a blog essay (in Swedish) by Andreas Cervenka, where he asks the sensible question: can we trust sleep-deprived political leaders?

Read More »Don’t stay up and decide: sleep deprivation and the culture of late night summits

Enlightened surveillance?

New York City contemplates using aerial drones for surveillance purposes, while North Korea buys thousands of cameras to spy on its impoverished population. Britain has so many cameras they cease being newsworthy. The stories multiply – it is trivial to note we are moving towards a surveillance society.

In an earlier post, I suggested surrendering on surveillance might be the least bad option – of all likely civil liberty encroachments,  this seemed the less damaging and hardest to resist. But that’s an overly defensive way of phrasing it – if ubiquitous surveillance and lack of privacy are the trends of the future, we shouldn’t just begrudgingly accept them, but demand that society gets the most possible out of them. In this post, I’m not going to suggest how to achieve enlightened surveillance (a 360 degree surveillance would be a small start, for instance), but just outline some of the positive good we could get from it. We all know the negatives; but what good could come from corporations, governments and neighbours being able to peer continually into your bedroom (and efficiently process that data)? In the ideal case, how could we make it work for us?Read More »Enlightened surveillance?

Invoking and banishing the dread demon “Lead”

Some researchers have fingered a surprising culprit for the crime wave that ended in the 1990s: lead, mainly from leaded fuel. We know that lead leads to development difficulties in children, and in country after country, lead emissions closely mirror the crime rate 23 years later – after those children have grown up into mature, irresponsible… Read More »Invoking and banishing the dread demon “Lead”

More theory needed: why things work

We have a lot of good theories as to why government policies don’t work. Regulatory capture explains why regulating agencies cosy up to the industries they’re suppose to reign in. Politicians’ relentless focus on short term economic growth and desperate chasing of positive headlines causes them to embrace ill-advised short-term measures (and forget about action on things like climate change!). Meanwhile, the civil service’s tenure and lack of accountability allows it to indulge in exuberant nest-feathering wastes of taxpayers’ money. Issues of status and pride saturate the decisions of all ranks of government officials.

These theories are not only intuitive, they are also backed up by research and evidence. And yet…

And yet…Read More »More theory needed: why things work

Armstrong Confesses: What Now?

On the eve of his confession, Armstrong is apparently ruined. The International Cycling Union (UCI) has stripped Lance Armstrong of his titles. Sponsors and Tour organisers want millions of dollars returned. UCI president Pat McQuaid said, “Lance Armstrong has no place in cycling. He deserves to be forgotten.” But doping will always be present in… Read More »Armstrong Confesses: What Now?