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Asking the right questions: big data and civil rights

Alastair Croll has written a thought-provoking article, Big data is our generation’s civil rights issue, and we don’t know it. His basic argument is that the new economics of collecting and analyzing data has led to a change in how it is used. Once it was expensive to collect, so only data needed to answer particular questions was collected. Today it is cheap to collect, so it can be collected first and then analyzed – “we collect first and ask questions later”. This means that the questions asked can be very different from the questions the data seem to be about, and in many cases they can be problematic. Race, sexual orientation, health or political views – important for civil rights – can be inferred from apparently innocuous information provided for other purposes – names, soundtracks, word usage, purchases, and search queries.

The problem as he notes is that in order to handle this new situation is that we need to tie link what the data is with how it can be used. And this cannot be done just technologically, but requires societal norms and regulations. What kinds of ethics do we need to safeguard civil rights in a world of big data?

Croll states:

…governments need to balance reliance on data with checks and balances about how this reliance erodes privacy and creates civil and moral issues we haven’t thought through. It’s something that most of the electorate isn’t thinking about, and yet it affects every purchase they make.
This should be fun.

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With great documentary power comes great responsibility

On July 1 professor Steve Mann from University of Toronto got into an altercation at a Paris McDonald’s, apparently because employees objected to his camera glasses. McDonald’s denies any wrongdoing, while professor Mann has posted his account online – complete with footage from his glasses. The event has caused a great deal of interest, with some calling it the world’s first cybernetic hate crime. Exactly what happened and why is unclear and does not concern this post. Whether it was a cybernetic hate crime, rules-obsessed employees or a clash of personality and culture is fairly irrelevant. What is interesting is the ethics of documenting one’s environment, and how to deal with disparities in documentary power.

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How will the future change your politics?

Your politics are determined by your values, your opinions about the facts of the world, and, let’s be honest, just a little bit of tribalism. But the future is approaching, as it often does, and great transformations may be in the cards. Transformations that could dramatically affect the facts of the world. So whatever your values are, there is a chance that you may soon be arguing for the opposite of your usual policies. For instance, what if the future were necessarily…

Communist: one of the easiest ones to conceive of. Here it turns out that as barriers to trade are removed and transaction costs go to zero, the natural state of the economy is one of perpetual crashes. Celebrity and fame feed upon themselves: everyone demands the best, and the definition of the best is shared widely: niche markets don’t exist. Incomes follow such a sharp power law that only a few percent of the population have any wealth at all. Automation means that most people can’t earn enough to sustain themselves: their income drops below the costs of keeping them alive. Hence a large, bloated, over-regulating government becomes a matter of survival.

Ultra-capitalist: as barriers to trade are removed and transaction costs go to zero, the whole market segments into small niches. Everyone can find some buyer for their work, as new demands and new suppliers spring up immediately, connected by new technologies. Technology solves known externalities (like global warming), so there is little need for a centralised controlling authority. Change happens so rapidly that any governmental intervention is counterproductive: by the time the change is implemented, the benefits and costs the government was trying to influence are things of the past. The efficient market, the only thing fast enough to keep up with itself, flows like a river around any blundering governmental efforts, rendering them moot.

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Which is least unethical—buying a Mac, or buying a PC?

Recent news stories have brought to public attention the fact that many Apple products, including iPhones, iPads, and Macs, are produced in part in factories with a record of using child labour, failing to provide safe work conditions, and requiring employees to work long shifts for low wages (see, for example, here, here, here and here). This raises the question: should we all stop buying these products?

Suppose you need a new laptop, or at least, are going to buy one. Leaving aside ethical considerations, you are indifferent between getting a Mac and buying a PC laptop from one of Apple’s competitors. Which should you buy?

To answer this, we need to say something more about the situation at factories run by Apple’s Chinese suppliers. Much of the attention has focused on Foxconn, which assembles the iPad and iPhone. It’s alleged that Foxconn negligence was responsible for a blast which killed two people and injured more than a dozen; that it exposes workers to toxic chemicals without adequate protection; that it requires illegal levels of overtime (often more than double the legal limit of 36 hours per month) for which it frequently does not pay in full; that it deceives potential recruits regarding pay rates; that workers are humiliated by supervisors; that workers often have to stand almost uninterrupted for a 12 hour shift; and that poor work conditions contributed to a spate of suicides at the company’s Shenzen plant in 2010. In addition, Mike Daisey, a New York performer who visited the Foxconn plant in Shenzen, reports that he met children in the age range 12-14 who were working in the plant. They told him that it was not difficult for children of their age to find employment there.

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Facebook Crime and Punishment

(image: Jupiter Images)

Two recent court cases in America highlight the difficulties we face in making ethical sense of social media and individual identity. The cases are quite different – one involves the denial of access to social media, while the others requires its use – but each raises seemingly unresolvable questions about the relation between our internet presences and ourselves.

In Portland, 26-year-old nursing assistant Nai Mai Chao has been convicted of invasion of privacy, for posting to Facebook photographs of patients at the nursing home where she worked. The patients were photographed, without their knowledge, on bedpans and in other embarrassing postures. Chao and her friends evidently wrote mocking comments on the Facebook post. One patient reportedly felt “humiliated” when told about the photograph’s public circulation; he died three months later. As a result of the case, Chao lost her nursing license, has been barred from similar employment, and spent eight days in prison. And she is prohibited from accessing Facebook.

Meanwhile, in Cincinnati, Mark Byron was found in contempt of a Domestic Violence Civil Protection Order, after posting to his Facebook wall that his estranged wife was an “evil, vindictive woman” and allowing his friends to write abusive and threatening comments about her. Although Elizabeth Byron could not directly access Mark Byron’s wall (they are not Facebook ‘friends’), mutual contacts alerted her to the posts. The court then ruled that Mark Bryon’s comments were “clearly intended to be mentally abusive”, found him in contempt, and gave him a choice. He could accept jail time, or post an apology – one written for him by the magistrate – on his Facebook wall every single day for one month. Byron chose the latter.

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The censor and the eavesdropper: the link between censorship and surveillance

Cory Doctorow makes a simple but important point in the Guardian: censorship today is inseparable from surveillance. In modern media preventing people from seeing proscribed information requires systems that monitor their activity. To implement copyright-protecting censorship in the UK systems must be in place to track where people seek to access and compare it to a denial list, in whatever medium is used.

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Cabs, censorship and cutting tools

The smith was working hard on making a new tool. A passer-by looked at his work and remarked that it looked sharp and dangerous. The smith nodded: it needed to be very sharp to do its work. The visitor wondered why there was no cross-guard to prevent the user’s hand to slide onto the blade, and why the design made it easy to accidentally grip the blade instead of the grip. The smith explained that the tool was intended for people who said they knew how to use it well. “But what if they were overconfident, sold it to somebody else, or had a bad day? Surely some safety measures would be useful?” “No”, said the smith, “my customers did not ask for them. I could make them with a slight effort, but why bother?”

Would we say the smith was doing his job in an ethical manner?

Here are two other pieces of news: Oxford City Council has decided to make it mandatory for taxicabs in Oxford to have CCTV cameras and microphones recording conversations of the passengers. As expected, many people are outraged. The stated reason is to improve public safety, although the data supporting this decision doesn’t seem to be available. The surveillance footage will supposedly not be made available other than as evidence for crimes, and not stored for more than 28 days. Meanwhile in the US, there are hearings about the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, laws intended to make it easier to block copyright infringement and counterfeiting. Besides concerns that critics and industries most affected by the laws are not getting access to the hearings, a serious set of concerns is that they would make it easy to censor websites and block business on fairly loose grounds, with few safeguards against false accusations (something that occurs regularly), little oversight, few remedies for the website, plus the fact that a domestic US law would apply internationally due to the peculiarities of the Internet and US legal definitions.

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Buying authenticity: plagiarism checking and counter-checking

Alex Tabarrok on Marginal Revolution posted about how the software company Turnitin is not just helping schools detect student plagiarism, but also providing WriteCheck, a tool for checking that a paper is non-infringing. Are they providing a useful service for conscientious students to avoid unconscious infringement, or just playing both sides of the fence, profiting from an arms race where they sell all the arms?

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