ABSTRACT

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.

chapter |30 pages

Privacy, due process and the computational turn

A parable and a first analysis

part |26 pages

Data science

part |101 pages

Anticipating machines

chapter |24 pages

Abducing personal data, destroying privacy

Diagnosing profiles through artefactual mediators

chapter |30 pages

Prediction, pre-emption, presumption

The path of law after the computational turn

chapter |23 pages

The end(s) of critique

Data behaviourism versus due process