Issues

Dismantling the “Black Opticon”: Privacy, Race Equity, and Online Data-Protection Reform

Federal privacy law has failed to address privacy problems that disproportionately affect African Americans, such as oversurveillance, discrimination, and fraud. New state and federal privacy laws could better serve their interests.

Breached! Why Data Security Law Fails and How to Improve It

Data breaches are preventable, but data security law has failed to reduce data breaches. Policymakers should reform data security law to take a more holistic approach, reducing systemic risk.

Panopticon Reborn: Social Credit as Regulation for the Algorithmic Age

Western scholars view China’s Social Credit System (SCS) as a repressive regime. However, liberal governments could adopt social credit systems to improve protection for rights and regulate data.

Algorithms and Decision-Making in the Public Sector

This article provides a road map for the study of algorithmic systems used by local governments in the United States, including issues relating to procurement, bias, transparency, and regulation.

The Myth of the Privacy Paradox

People report that they value privacy highly, but are willing to trade personal data for goods and services. This “privacy paradox” is sometimes used as an argument against privacy regulation. However, regulation should be based on the social value of privacy, not individual valuations.

Restrictions on Privacy and Exploitation in the Digital Economy: A Market Failure Perspective

Digital platforms collect consumer data by default. Changing the default setting to require to consumers to “opt-in” to allow use of their data could create a market in data, but large platforms would still enjoy too much market power.

The Ethics of Facial Recognition Technology

Facial recognition technology presents a unique threat to freedom and human dignity. Once the technology is installed, people will become acclimated to it, and abusive uses will be nearly inevitable.

Atlas of AI: Power, Politics, and the Planetary Costs of Artificial Intelligence

Artificial intelligence (AI) relies on natural resources, low-cost labor, and data. The production of AI technology harms the environment. AI systems rely on low-wage workers.

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez

The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.

Why Privacy Matters

Privacy is not dead. Privacy rules are increasingly critical to protecting individual autonomy and political freedom, and to consumer protection.