Our world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or 'world state', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is about people that law should protect in a computational world.
Author(s): Jake Goldenfein
Edition: 1
Publisher: Cambridge University Press
Year: 2020
Language: English
Commentary: TruePDF
Pages: 199
Tags: Electronic Surveillance: Law And Legislation; Government Information: Law And Legislation; Behavioral Assessment; Rule Of Law; Biometric Identification: Government Policy; Criminal Behavior, Prediction Of; Electronic Surveillance: Government Policy; Law Enforcement: Government Policy; Civil Rights; Privacy, Right Of
Cover
Half Title
Title
Copyright
Contents
Acknowledgements
1 | Monitoring Laws
Profiling
Information Law And Identity
Building The World State
Law In The World State
Legal Identity In The World State
Outline
2 | The Image and Institutional Identity
Photographic Knowledge
Police Photography And Criminological Objectivity
Police Photography And Identification
The Measure Of Criminality
Police Photography And Human Knowability
Conclusion
3 | Images and Biometrics – Privacy and Stigmatisation
Privacy And Police Photography
Constitutional Privacy Protections
Privacy, Identification, Stigmatisation
Facial, Recognition
Conclusion
4 | Dossiers, Behavioural Data, and Secret Speculation
Detectives And Dossiers
The Offence Of Dossiers
Inaccuracy, Secrecy, Inaccessibility
Images And Text: Biology And Behaviour
5 | Data Subject Rights and the Importance of Access
Privacy's Access Failure
What Is A Data Subject ?
What Are Data Subject Rights ?
Consent
Data Subject As Legal Subject
Conclusion
6 | Automation, Actuarial Identity, and Law Enforcement Informatics
From Commerce To Crime
Low-Level Automation
High-Level Profiling
Conclusion
7 | Algorithmic Accountability and the Statistical Legal Subject
Institutional Transparency
Automated Decision-Making And Profiling In The GDPR And LED
A Right To Explanation ?
Fairness
The Technologies Of Algorithmic Accountability
Conclusion
8 | From Photographic Image to Computer Vision
Personality Computation
Computational Empiricism
Measurement And Representation
Computational Empiricism As A Dominant Epistemology
Subjectivity And Cybernetics
Conclusion
9 | Person, Place, and Contest in the World State
New Norms In The World State
A Right to Reasonable Inferences
Human Non-computability
Manipulation
Optimisation
Contestation For Algorithmic Accountability
Context As Normative Parameter In The World State
(Legal) Identity As Interface
Conclusion
10 | Law and Legal Automation in the World State
Profiling In The World State
Index
