Digital records, from chat transcripts to social media posts, are being used to create chatbots that recreate the conversational style of deceased individuals. Some maintain that this is merely a new form of digital memorial, while others argue that they pose a variety of moral hazards. To resolve this, I turn to classical Chinese philosophy to make use of a debate over the ethics of funerals and mourning. This ancient argument includes much of interest for the contemporary issue at hand, (...) including the use of impersonators of the dead to help the bereaved to deal well with their grief. I connect this historical discussion with a modern trend in clinical psychology that reframes therapeutic interventions with bereaved individuals. The trend directs practitioners away from facilitating detachment and toward affirming continuing bonds. I conclude that these chatbots can offer an important source of support to mourners, but also discuss parameters and features of social context that will be important to avoid the moral hazards identified by sceptics. (shrink)

Big Data are increasingly used in machine learning in order to create predictive models. How are predictive practices that use such models to be situated? In the field of surveillance studies many of its practitioners assert that “governance by discipline” has given way to “governance by risk”. The individual is dissolved into his/her constituent data and no longer addressed. I argue that, on the contrary, in most of the contexts where predictive modelling is used, it constitutes Foucauldian discipline. Compliance to (...) a norm occupies centre stage; suspected deviants are subjected to close attention—as the precursor of possible sanctions. The predictive modelling involved uses personal data from both the focal institution and elsewhere. As a result, the individual re-emerges as the focus of scrutiny. Subsequently, small excursions into Foucauldian texts discuss his discourses on the creation of the “delinquent”, and on the governmental approach to smallpox epidemics. It is shown that his insights only mildly resemble prediction as based on machine learning; several conceptual steps had to be taken for modern machine learning to evolve. Finally, the options available to those subjected to predictive disciplining are discussed: to what extent can they comply, question, or resist? Through a discussion of the concepts of transparency and “gaming the system” I conclude that our predicament is gloomy, in a Kafkaesque fashion. (shrink)

Differential privacy (DP) aims to confer data processing systems with inherent privacy guarantees, offering strong protections for personal data. But DP’s approach to privacy carries with it certain assumptions about how mathematical abstractions will be translated into real-world systems, which—if left unexamined and unrealized in practice—could function to shield data collectors from liability and criticism, rather than substantively protect data subjects from privacy harms. This article investigates these assumptions and discusses their implications for using DP to govern data-driven systems. In (...) Parts 1 and 2, we introduce DP as, on one hand, a mathematical framework and, on the other hand, a kind of real-world sociotechnical system, using a hypothetical case study to illustrate how the two can diverge. In Parts 3 and 4, we discuss the way DP frames privacy loss, data processing interventions, and data subject participation, arguing it could exacerbate existing problems in privacy regulation. In part 5, we conclude with a discussion of DP’s potential interactions with the endogeneity of privacy law, and we propose principles for best governing DP systems. In making such assumptions and their consequences explicit, we hope to help DP succeed at realizing its promise for better substantive privacy protections. (shrink)

Due to the technology of machine learning, new breakthroughs are currently being achieved with constant regularity. By using machine learning techniques, computer applications can be developed and used to solve tasks that have hitherto been assumed not to be solvable by computers. If these achievements consider applications that collect and process personal data, this is typically perceived as a threat to information privacy. This paper aims to discuss applications from both fields of personality and image analysis. These applications are often (...) criticized by reference to the protection of privacy. This paper critically questions this approach. Instead of solely using the concept of privacy to address the risks of machine learning, it is increasingly necessary to consider and implement ethical anti-discrimination concepts, too. In many ways, informational privacy requires individual information control. However, not least because of machine learning technologies, information control has become obsolete. Hence, societies need stronger anti-discrimination tenets to counteract the risks of machine learning. (shrink)

Existing discussions about automated decision-making focus primarily on its inputs and outputs, raising questions about data collection and privacy on one hand and accuracy and fairness on the other. Less attention has been devoted to critically examining the temporality of decision-making processes—the speed at which automated decisions are reached. In this paper, I identify four dimensions of algorithmic speed that merit closer analysis. Duration (how much time it takes to reach a judgment), timing (when automated systems intervene in the activity (...) being evaluated), frequency (how often evaluations are performed), and lived time (the human experience of algorithmic speed) are interrelated, but distinct, features of automated decision-making. Choices about the temporal structure of automated decision-making systems have normative implications, which I describe in terms of "disruption," "displacement," "re-calibration," and "temporal fairness," with values such as accuracy, fairness, accountability, and legitimacy hanging in the balance. As computational tools are increasingly tasked with making judgments about human activities and practices, the designers of decision-making systems will have to reckon, I argue, with when—and how fast—judgments ought to be rendered. Though computers are capable of reaching decisions at incredible speeds, failing to account for the temporality of automated decision-making risks misapprehending the costs and benefits automation promises. (shrink)