The modern abundance and prominence of data has led to the development of “data science” as a new field of enquiry, along with a body of epistemological reflections upon its foundations, methods, and consequences. This article provides a systematic analysis and critical review of significant open problems and debates in the epistemology of data science. We propose a partition of the epistemology of data science into the following five domains: (i) the constitution of data science; (ii) the kind of enquiry (...) that it identifies; (iii) the kinds of knowledge that data science generates; (iv) the nature and epistemological significance of “black box” problems; and (v) the relationship between data science and the philosophy of science more generally. (shrink)

The purpose of this paper is to review and discuss Luciano Floridi’s 2019 book The Logic of Information: A Theory of Philosophy as Conceptual Design, the latest instalment in his philosophy of information (PI) tetralogy, particularly with respect to its implications for library and information studies (LIS) .

Applications of artificial intelligence (AI) for cybersecurity tasks are attracting greater attention from the private and the public sectors. Estimates indicate that the market for AI in cybersecurity will grow from US$1 billion in 2016 to a US$34.8 billion net worth by 2025. The latest national cybersecurity and defence strategies of several governments explicitly mention AI capabilities. At the same time, initiatives to define new standards and certification procedures to elicit users’ trust in AI are emerging on a global scale. (...) However, trust in AI (both machine learning and neural networks) to deliver cybersecurity tasks is a double edged sword: it can improve substantially cybersecurity practices, but can also facilitate new forms of attacks to the AI applications themselves, which may pose severe security threats. We argue that trust in AI for cybersecurity is unwarranted and that, to reduce security risks, some form of control to ensure the deployment of ‘reliable AI’ for cybersecurity is necessary. To this end, we offer three recommendations focusing on the design, development and deployment of AI for cybersecurity. (shrink)

In this paper we argue that ‘informed’ consent in Big Data genomic biobanking is frequently less than optimally informative. This is due to the particular features of genomic biobanking research which render it ethically problematic. We discuss these features together with details of consent models aimed to address them. Using insights from consent theory, we provide a detailed analysis of the essential components of informed consent which includes recommendations to improve consent performance. In addition, and using insights from philosophy of (...) mind and language and psycholinguistics we support our analyses by identifying the nature and function of concepts (ideas) operational in human cognition and language together with an implicit coding/decoding model of human communication. We identify this model as the source of patients/participants poor understanding. We suggest an alternative, explicit model of human communication, namely, that of relevance‐theoretic inference which obviates the limitations of the code model. We suggest practical strategies to assist health service professionals to ensure that the specific information they provide concerning the proposed treatment or research is used to inform participants’ decision to consent. We do not prescribe a standard, formal approach to decision‐making where boxes are ticked; rather, we aim to focus attention towards the sorts of considerations and questions that might usefully be borne in mind in any consent situation. We hope that our theorising will be of real practical benefit to nurses and midwives working on the clinical and research front‐line of genomic science. (shrink)

Contemporary medical diagnostics has a dynamic moral landscape, which includes a variety of agents, factors, and components. A significant part of this landscape is composed of information technologies that play a vital role in doctors’ decision-making. This paper focuses on the so-called Intelligent Decision-Support System that is widely implemented in the domain of contemporary medical diagnosis. The purpose of this article is twofold. First, I will show that the IDSS may be considered a moral agent in the practice of medicine (...) today. To develop this idea I will introduce the approach to artificial agency provided by Luciano Floridi. Simultaneously, I will situate this approach in the context of contemporary discussions regarding the nature of artificial agency. It is argued here that the IDSS possesses a specific sort of agency, includes several agent features (e.g. autonomy, interactivity, adaptability), and hence, performs an autonomous behavior, which may have a substantial moral impact on the patient’s well-being. It follows that, through the technology of artificial neural networks combined with ‘deep learning’ mechanisms, the IDSS tool achieves a specific sort of independence (autonomy) and may possess a certain type of moral agency. Second, I will provide a conceptual framework for the ethical evaluation of the moral impact that the IDSS may have on the doctor’s decision-making and, consequently, on the patient’s wellbeing. This framework is the Object-Oriented Model of Moral Action developed by Luciano Floridi. Although this model appears in many contemporary discussions in the field of information and computer ethics, it has not yet been applied to the medical domain. This paper addresses this gap and seeks to reveal the hidden potentialities of the OOP model for the field of medical diagnosis. (shrink)

This article examines how the availability of Big Data, coupled with new data analytics, challenges established epistemologies across the sciences, social sciences and humanities, and assesses the extent to which they are engendering paradigm shifts across multiple disciplines. In particular, it critically explores new forms of empiricism that declare ‘the end of theory’, the creation of data-driven rather than knowledge-driven science, and the development of digital humanities and computational social sciences that propose radically different ways to make sense of culture, (...) history, economy and society. It is argued that: Big Data and new data analytics are disruptive innovations which are reconfiguring in many instances how research is conducted; and there is an urgent need for wider critical reflection within the academy on the epistemological implications of the unfolding data revolution, a task that has barely begun to be tackled despite the rapid changes in research practices presently taking place. After critically reviewing emerging epistemological positions, it is contended that a potentially fruitful approach would be the development of a situated, reflexive and contextually nuanced epistemology. (shrink)

Purpose Algorithms are in the mainstream media news on an almost daily basis. Their context is invariably artificial intelligence and machine learning decision-making. In media articles, algorithms are described as powerful, autonomous actors that have a capability of producing actions that have consequences. Despite a tendency for deification, the prevailing critique of algorithms focuses on ethical concerns raised by decisions resulting from algorithmic processing. However, the purpose of this paper is to propose that the ethical concerns discussed are limited in (...) scope and suggest that it is not clear what concerns dominate the debate. Design/methodology/approach The paper uses a systematic mapping study approach to review articles appearing in leading UK national papers from the perspective of the ethical concerns over a period of one year. The articles are categorised using a widely cited framework detailing a taxonomy of ethical concerns. The UK context is important because of UK public policy initiatives around AI. Findings The research presented in this paper contributes the first systematic mapping study of articles appearing in leading UK national papers from the perspective of widely accepted ethical concerns such as inscrutable evidence, misguided evidence, unfair outcomes and transformative effects. Originality/value The research presented in this paper contributes the first systematic mapping study of articles appearing in leading UK national papers from the perspective of the ethical concerns. The UK context is important because of UK public policy initiatives around AI. To review the media content from the perspective of ethical concerns, this paper uses the synthesised conceptual map of ethical concerns developed by Mittelstad et al. Given the dominance of that framework, this paper’s contribution is also an important instantiation and experimental validation of using that conceptual map. (shrink)

A growing literature is taking an institutionalist and governance perspective on how algorithms shape society based on unprecedented capacities for managing social complexity. Algorithmic governance altogether emerges as a novel and distinctive kind of societal steering. It appears to transcend established categories and modes of governance—and thus seems to call for new ways of thinking about how social relations can be regulated and ordered. However, as this paper argues, despite its novel way of realizing outcomes of collective steering and coordination, (...) it can nevertheless be grasped with an old and fundamental figure in political philosophy: that of Thomas Hobbes’ Leviathan. Comparing algorithmic governance with this figure serves to highlight their similarities as socio-political arrangements, and specifically to clarify how algorithmic governance parallels the apolitical traits of the Leviathan—it eliminates the political as it requires compliance and forgoing contestation to best fulfill its role and to produce satisfying outcomes. (shrink)

How should we theorize about the social world? How can we integrate theories, models and approaches from seemingly incompatible disciplines? Does theory affect social reality? This state-of-the-art collection addresses contemporary methodological questions and interdisciplinary developments in the philosophy of social science. Facilitating a mutually enriching dialogue, chapters by leading social scientists are followed by critical evaluations from philosophers of social science. This exchange showcases recent major theoretical and methodological breakthroughs and challenges in the social sciences, as well as fruitful ways (...) in which the analytic tools developed in philosophy of science can be applied to understand these advancements. The volume covers a diverse range of principles, methods, innovations and applications, including scientific and methodological pluralism, performativity of theories, causal inferences and applications of social science to policy and business. Taking a practice-orientated and interactive approach, it offers a new philosophy of social science grounded in and relevant to the emerging social science practice. (shrink)

In this article, I shall argue that AI’s likely developments and possible challenges are best understood if we interpret AI not as a marriage between some biological-like intelligence and engineered artefacts, but as a divorce between agency and intelligence, that is, the ability to solve problems successfully and the necessity of being intelligent in doing so. I shall then look at five developments: (1) the growing shift from logic to statistics, (2) the progressive adaptation of the environment to AI rather (...) than of AI to the environment, (3) the increasing translation of difficult problems into complex problems, (4) the tension between regulative and constitutive rules underpinning areas of AI application, and (5) the push for synthetic data. (shrink)

This book addresses key conceptual issues relating to the modern scientific and engineering use of computer simulations. It analyses a broad set of questions, from the nature of computer simulations to their epistemological power, including the many scientific, social and ethics implications of using computer simulations. The book is written in an easily accessible narrative, one that weaves together philosophical questions and scientific technicalities. It will thus appeal equally to all academic scientists, engineers, and researchers in industry interested in questions (...) related to the general practice of computer simulations. (shrink)

The exponential accumulation, processing and accrual of big data in healthcare are only possible through an equally rapidly evolving field of big data analytics. The latter offers the capacity to rationalize, understand and use big data to serve many different purposes, from improved services modelling to prediction of treatment outcomes, to greater patient and disease stratification. In the area of infectious diseases, the application of big data analytics has introduced a number of changes in the information accumulation models. These are (...) discussed by comparing the traditional and new models of data accumulation. Big data analytics is fast becoming a crucial component for the modelling of transmission—aiding infection control measures and policies—emergency response analyses required during local or international outbreaks. However, the application of big data analytics in infectious diseases is coupled with a number of ethical impacts. Four key areas are discussed in this paper: automation and algorithmic reliance impacting freedom of choice, big data analytics complexity impacting informed consent, reliance on profiling impacting individual and group identities and justice/fair access and increased surveillance and population intervention capabilities impacting behavioural norms and practices. Furthermore, the extension of big data analytics to include information derived from personal devices, such as mobile phones and wearables as part of infectious disease frameworks in the near future and their potential ethical impacts are discussed. Considered together, the need for a constructive and transparent inclusion of ethical questioning in this rapidly evolving field becomes an increasing necessity in order to provide a moral foundation for the societal acceptance and responsible development of the technological advancement. (shrink)

We introduce a novel point of view on the “models as mediators” framework in order to emphasize certain important epistemological questions about models in science which have so far been little investigated. To illustrate how this perspective can help answer these kinds of questions, we explore the use of simplified models in high energy physics research beyond the Standard Model. We show in detail how the construction of simplified models is grounded in the need to mitigate pressing epistemic problems concerning (...) the uncertainty inherent in the present theoretical and experimental contexts. (shrink)

Mature information societies are characterised by mass production of data that provide insight into human behaviour. Analytics has arisen as a practice to make sense of the data trails generated through interactions with networked devices, platforms and organisations. Persistent knowledge describing the behaviours and characteristics of people can be constructed over time, linking individuals into groups or classes of interest to the platform. Analytics allows for a new type of algorithmically assembled group to be formed that does not necessarily align (...) with classes or attributes already protected by privacy and anti-discrimination law or addressed in fairness- and discrimination-aware analytics. Individuals are linked according to offline identifiers and shared behavioural identity tokens, allowing for predictions and decisions to be taken at a group rather than individual level. This article examines the ethical significance of such ad hoc groups in analytics and argues that the privacy interests of algorithmically assembled groups in inviolate personality must be recognised alongside individual privacy rights. Algorithmically grouped individuals have a collective interest in the creation of information about the group, and actions taken on its behalf. Group privacy is proposed as a third interest to balance alongside individual privacy and social, commercial and epistemic benefits when assessing the ethical acceptability of analytics platforms. (shrink)

In information societies, operations, decisions and choices previously left to humans are increasingly delegated to algorithms, which may advise, if not decide, about how data should be interpreted and what actions should be taken as a result. More and more often, algorithms mediate social processes, business transactions, governmental decisions, and how we perceive, understand, and interact among ourselves and with the environment. Gaps between the design and operation of algorithms and our understanding of their ethical implications can have severe consequences (...) affecting individuals as well as groups and whole societies. This paper makes three contributions to clarify the ethical importance of algorithmic mediation. It provides a prescriptive map to organise the debate. It reviews the current discussion of ethical aspects of algorithms. And it assesses the available literature in order to identify areas requiring further work to develop the ethics of algorithms. (shrink)

Vilém Flusser, philosopher of communication, and Luciano Floridi, philosopher of information have been engaged with common subjects, extracting surprisingly similar conclusions in distant ages, affecting distant audiences. Curiously, despite the common characteristics, their works have almost never been used together. This paper presents Flusser’s concepts of functionaries, informational environment, information recycle, and posthistory as mellontological hypotheses verified in Floridi’s recently proposed realistic neologisms of inforgs, infosphere, e-nvironmentalism, and hyperhistory. Following Plutarch’s literature model of “parallel lives,” the description of an earlier (...) and a more recent persona’s common virtues, I juxtapose the works of the two authors. Through that, their “virtues” are mutually verified and proven diachronic. I also hold that because of his philosophical approaches to information-oriented subjects, Flusser deserves a place in the history of Philosophy of Information, and subsequently, that building an interdisciplinary bridge between philosophies of Information and Communication would be fruitful for the further development of both fields. (shrink)

Recently, it has been argued that the use of Big Data transforms the sciences, making data-driven research possible and studying causality redundant. In this paper, I focus on the claim on causal knowledge by examining the Big Data project EXPOsOMICS, whose research is funded by the European Commission and considered capable of improving our understanding of the relation between exposure and disease. While EXPOsOMICS may seem the perfect exemplification of the data-driven view, I show how causal knowledge is necessary for (...) the project, both as a source for handling complexity and as an output for meeting the project’s goals. Consequently, I argue that data-driven claims about causality are fundamentally flawed and causal knowledge should be considered a necessary aspect of Big Data science. In addition, I present the consequences of this result on other data-driven claims, concerning the role of theoretical considerations. I argue that the importance of causal knowledge and other kinds of theoretical engagement in EXPOsOMICS undermine theory-free accounts and suggest alternative ways of framing science based on Big Data. (shrink)

Very large databases are a major opportunity for science and data analytics is a remarkable new field of investigation in computer science. The effectiveness of these tools is used to support a “philosophy” against the scientific method as developed throughout history. According to this view, computer-discovered correlations should replace understanding and guide prediction and action. Consequently, there will be no need to give scientific meaning to phenomena, by proposing, say, causal relations, since regularities in very large databases are enough: “with (...) enough data, the numbers speak for themselves”. The “end of science” is proclaimed. Using classical results from ergodic theory, Ramsey theory and algorithmic information theory, we show that this “philosophy” is wrong. For example, we prove that very large databases have to contain arbitrary correlations. These correlations appear only due to the size, not the nature, of data. They can be found in “randomly” generated, large enough databases, which—as we will prove—implies that most correlations are spurious. Too much information tends to behave like very little information. The scientific method can be enriched by computer mining in immense databases, but not replaced by it. (shrink)

Purpose – To review and discuss Luciano Floridi’s 2019 book The Logic of Information: A Theory of Philosophy as Conceptual Design, the latest instalment in his philosophy of information (PI) tetralogy, particularly with respect to its implications for library and information studies (LIS). Design/methodology/approach – Nine scholars with research interests in philosophy and LIS read and responded to the book, raising critical and heuristic questions in the spirit of scholarly dialogue. Floridi responded to these questions. Findings – Floridi’s PI, including (...) this latest publication, is of interest to LIS scholars, and much insight can be gained by exploring this connection. It seems also that LIS has the potential to contribute to PI’s further development in some respects. Research implications – Floridi’s PI work is technical philosophy for which many LIS scholars do not have the training or patience to engage with, yet doing so is rewarding. This suggests a role for translational work between philosophy and LIS. Originality/value – The book symposium format, not yet seen in LIS, provides forum for sustained, multifaceted and generative dialogue around ideas. (shrink)

I argue for the causal character of modeling in data-intensive science, contrary to widespread claims that big data is only concerned with the search for correlations. After discussing the concept of data-intensive science and introducing two examples as illustration, several algorithms are examined. It is shown how they are able to identify causal relevance on the basis of eliminative induction and a related difference-making account of causation. I then situate data-intensive modeling within a broader framework of an epistemology of scientific (...) knowledge. In particular, it is shown to lack a pronounced hierarchical, nested structure. The significance of the transition to such “horizontal” modeling is underlined by the concurrent emergence of novel inductive methodology in statistics such as non-parametric statistics. Data-intensive modeling is well equipped to deal with various aspects of causal complexity arising especially in the higher level and applied sciences. (shrink)

The capacity to collect and analyse data is growing exponentially. Referred to as ‘Big Data’, this scientific, social and technological trend has helped create destabilising amounts of information, which can challenge accepted social and ethical norms. Big Data remains a fuzzy idea, emerging across social, scientific, and business contexts sometimes seemingly related only by the gigantic size of the datasets being considered. As is often the case with the cutting edge of scientific and technological progress, understanding of the ethical implications (...) of Big Data lags behind. In order to bridge such a gap, this article systematically and comprehensively analyses academic literature concerning the ethical implications of Big Data, providing a watershed for future ethical investigations and regulations. Particular attention is paid to biomedical Big Data due to the inherent sensitivity of medical information. By means of a meta-analysis of the literature, a thematic narrative is provided to guide ethicists, data scientists, regulators and other stakeholders through what is already known or hypothesised about the ethical risks of this emerging and innovative phenomenon. Five key areas of concern are identified: informed consent, privacy, ownership, epistemology and objectivity, and ‘Big Data Divides’ created between those who have or lack the necessary resources to analyse increasingly large datasets. Critical gaps in the treatment of these themes are identified with suggestions for future research. Six additional areas of concern are then suggested which, although related have not yet attracted extensive debate in the existing literature. It is argued that they will require much closer scrutiny in the immediate future: the dangers of ignoring group-level ethical harms; the importance of epistemology in assessing the ethics of Big Data; the changing nature of fiduciary relationships that become increasingly data saturated; the need to distinguish between ‘academic’ and ‘commercial’ Big Data practices in terms of potential harm to data subjects; future problems with ownership of intellectual property generated from analysis of aggregated datasets; and the difficulty of providing meaningful access rights to individual data subjects that lack necessary resources. Considered together, these eleven themes provide a thorough critical framework to guide ethical assessment and governance of emerging Big Data practices. (shrink)

Information, and information and communication technologies (ICTs) are critical for most developed post-industrial societies. It follows, therefore, that the better the quality of the information exchanged, the more likely such societies and their members may prosper. But what is information quality (IQ) exactly? This paper discusses current definitions, problems and approaches to IQ and the question of how we should, and could, evaluate IQ in the future.

In this paper, we discuss several problems with current Big data practices which, we claim, seriously erode the role of informed consent as it pertains to the use of personal information. To illustrate these problems, we consider how the notion of informed consent has been understood and operationalised in the ethical regulation of biomedical research (and medical practices, more broadly) and compare this with current Big data practices. We do so by first discussing three types of problems that can impede (...) informed consent with respect to Big data use. First, we discuss the transparency (or explanation) problem. Second, we discuss the re-repurposed data problem. Third, we discuss the meaningful alternatives problem. In the final section of the paper, we suggest some solutions to these problems. In particular, we propose that the use of personal data for commercial and administrative objectives could be subject to a ‘soft governance’ ethical regulation, akin to the way that all projects involving human participants (e.g., social science projects, human medical data and tissue use) are regulated in Australia through the Human Research Ethics Committees (HRECs). We also consider alternatives to the standard consent forms, and privacy policies, that could make use of some of the latest research focussed on the usability of pictorial legal contracts. (shrink)

Data platforms represent a new paradigm for carrying out health research. In the platform model, datasets are pooled for remote access and analysis, so novel insights for developing better stratified and/or personalised medicine approaches can be derived from their integration. If the integration of diverse datasets enables development of more accurate risk indicators, prognostic factors, or better treatments and interventions, this obviates the need for the sharing and reuse of data; and a platform-based approach is an appropriate model for facilitating (...) this. Platform-based approaches thus require new thinking about consent. Here we defend an approach to meeting this challenge within the data platform model, grounded in: the notion of ‘reasonable expectations’ for the reuse of data; Waldron’s account of ‘integrity’ as a heuristic for managing disagreement about the ethical permissibility of the approach; and the element of the social contract that emphasises the importance of public engagement in embedding new norms of research consistent with changing technological realities. While a social contract approach may sound appealing, however, it is incoherent in the context at hand. We defend a way forward guided by that part of the social contract which requires public approval for the proposal and argue that we have moral reasons to endorse a wider presumption of data reuse. However, we show that the relationship in question is not recognisably contractual and that the social contract approach is therefore misleading in this context. We conclude stating four requirements on which the legitimacy of our proposal rests. (shrink)

While organizations today make extensive use of complex algorithms, the notion of algorithmic accountability remains an elusive ideal due to the opacity and fluidity of algorithms. In this article, we develop a framework for managing algorithmic accountability that highlights three interrelated dimensions: reputational concerns, engagement strategies, and discourse principles. The framework clarifies that accountability processes for algorithms are driven by reputational concerns about the epistemic setup, opacity, and outcomes of algorithms; that the way in which organizations practically engage with emergent (...) expectations about algorithms may be manipulative, adaptive, or moral; and that when accountability relationships are heavily burdened by the opacity and fluidity of complex algorithmic systems, the emphasis of engagement should shift to a rational communication process through which a continuous and tentative assessment of the development, workings, and consequences of algorithms can be achieved over time. The degree to which such engagement is, in fact, rational can be assessed based on four discourse-ethical principles of participation, comprehension, multivocality, and responsiveness. We conclude that the framework may help organizations and their environments to jointly work toward greater accountability for complex algorithms. It may further help organizations in reputational positioning surrounding accountability issues. The discourse-ethical principles introduced in this article are meant to elevate these positioning contests to extend beyond mere adaption or compliance and help guide organizations to find moral and forward-looking solutions to accountability issues. (shrink)

We address some of the epistemological challenges highlighted by the Critical Data Studies literature by reference to some of the key debates in the philosophy of science concerning computational modeling and simulation. We provide a brief overview of these debates focusing particularly on what Paul Humphreys calls epistemic opacity. We argue that debates in Critical Data Studies and philosophy of science have neglected the problem of error management and error detection. This is an especially important feature of the epistemology of (...) Big Data. In “Error” section we explain the main characteristics of error detection and correction along with the relationship between error and path complexity in software. In this section we provide an overview of conventional statistical methods for error detection and review their limitations when faced with the high degree of conditionality inherent to modern software systems. (shrink)

Modern science’s ability to produce, store, and analyze big datasets is changing the way that scientific research is practiced. Philosophers have only begun to comprehend the changed nature of scientific reasoning in this age of “big data.” We analyze data-focused practices in biology and climate modeling, identifying distinct species of data-centric science: phenomena-laden in biology and phenomena-agnostic in climate modeling, each better suited for its own domain of application, though each entail trade-offs. We argue that data-centric practices in science are (...) not monolithic because the opportunities and challenges presented by big data vary across scientific domains. (shrink)

The large-scale and intensive collection and analysis of digital data (commonly called “Big Data”) has become a common, popular, and consensual research method for the social sciences, as the automation of data collection, mathematization of analysis, and digital objectification reinforce both its efficiency and truth-value. This article opens with a critical review of the literature on data collection and analysis, and summarizes current ethical discussions focusing on these technologies. A semiotic model of data production and circulation is then introduced to (...) problematize the view that digital data has ceased to stand for a formalization method (a possible kind of representation among others), and effectively “becomes the world itself” (a direct presentation of the world outperforming all other modes of representation). Following Charles Sanders Peirce’s semiotics and pragmaticist philosophy, we characterize digitalization as a hypersymbolic semiotic process, and we highlight the naturalization of meaning, the illusion of iconicity, and rhetorical efficiency on which data’s truth value relies within the context of its large-scale, profit-driven, and results-oriented research uses. This outlines some epistemological and ethical implications of data’s visualization, use, and authority, and indicates avenues for critical semiotics of contemporary data science and analysis. (shrink)

Big data techniques, data-driven science and their technological applications raise many serious ethical questions, notably about privacy protection. In this paper, we highlight an entanglement between epistemology and ethics of big data. Discussing the mobilisation of big data in the fields of biomedical research and health care, we show how an overestimation of big data epistemic power – of their objectivity or rationality understood through the lens of neutrality – can become ethically threatening. Highlighting the irreducible non-neutrality at play in (...) big data tools, we insist upon the ethical importance of a critical epistemological approach in which big data are understood as possibly valuable only when coupled with human intelligence and evaluative rationality. (shrink)

The paper focuses on concerns and legal challenges brought on by the use of algorithms. A particular class of algorithms that augment or replace analysis and decision-making by humans, i.e. data analytics and machine learning, is under scrutiny. Taking into account Balkin’s work on “the laws of an algorithmic society”, attention is drawn to obligations of transparency, matters of due process, and accountability. This US-centric analysis on drawbacks and loopholes of current legal systems is complemented with the analysis of norms (...) and principles of the EU data protection law, or “GDPR”. The aim is twofold. On the one hand, the intent is to shed light on some crucial differences between the US and EU law on the regulation of algorithmic operators, both public and private. Whereas, in the USA, scholars debate whether and to what extent new duties and responsibilities of algorithmic operators, e.g. information fiduciaries, have to amend the current framework of self-regulation and light government—as shown by the White House’s Office of Science and Technology Policy report from November 2016—in EU law much of the new duties and responsibilities of algorithmic operators have been passed upon them as data controllers. Whether such approaches will successfully tackle the normative challenges of the algorithmic society is, on the other hand, an open issue that will likely represent the main topic of debate over the next years. Disagreement may concern: the terms framing the legal question in e.g. statistical purposes of the data processing; how such terms are related to each other in legal reasoning ; and legal hard cases that will increasingly have to do with the principles that are at stake also but not only in data protection. By entrusting such legal hard cases to algorithms, or some sort of smart artificial agent, humans still bear full responsibility for the judgment of what is socially, ethically, and legally “plain” and “hard” in social affairs. The balance between delegation of decisions to algorithms and non-delegation will be the leitmotiv of the algorithmic society. Since the devil is in the detail, the current paper is devoted to some of them. (shrink)

As researchers we often find ourselves grappling with social media platforms and data ‘at close quarters’. Although social media platforms were created for purposes other than academic research – which are apparent in their architecture and temporalities – they offer opportunities for researchers to repurpose them for the collection, generation and analysis of rich datasets. At the same time, this repurposing raises an evolving range of practical and methodological challenges at the small and large scale. We draw on our experiences (...) and empirical data from two research projects, one using Facebook Community Pages and the other repurposing Facebook Activity Logs. This article reflects critically on the specific challenges we faced using these platform features, on their common roots, and the tactics we adopted in response. De Certeau’s distinction between strategy and tactics provides a useful framework for exploring these struggles as located in the practice of doing social research – which often ends up being tactical. This article argues that we have to collectively discuss, demystify and devise tactics to mitigate the strategies and temporalities deeply embedded in platforms, corresponding as far as possible to the temporalities and the aims of our research. Although combat at close quarters is inevitable in social media research, dialogue between researchers is more than ever needed to tip the scales in our favour. (shrink)