In this paper, we point out that explainability is useful but not sufficient to ensure the legitimacy of algorithmic decision systems. We argue that the key requirements for high-stakes decision systems should be justifiability and contestability. We highlight the conceptual differences between explanations and justifications, provide dual definitions of justifications and contestations, and suggest different ways to operationalize justifiability and contestability.

The paper problematises the reliability and ethics of using social media data, such as sourced from Twitter or Instagram, to carry out health-related research. As in many other domains, the opportunity to mine social media for information has been hailed as transformative for research on well-being and disease. Considerations around the fairness, responsibilities and accountabilities relating to using such data have often been set aside, on the understanding that as long as data were anonymised, no real ethical or scientific issue (...) would arise. We first counter this perception by emphasising that the use of social media data in health research can yield problematic and unethical results. We then provide a conceptualisation of methodological data fairness that can complement data management principles such as FAIR by enhancing the actionability of social media data for future research. We highlight the forms that methodological data fairness can take at different stages of the research process and identify practical steps through which researchers can ensure that their practices and outcomes are scientifically sound as well as fair to society at large. We conclude that making research data fair as well as FAIR is inextricably linked to concerns around the adequacy of data practices. The failure to act on those concerns raises serious ethical, methodological and epistemic issues with the knowledge and evidence that are being produced. (shrink)

The notion of “responsibility gap” with artificial intelligence (AI) was originally introduced in the philosophical debate to indicate the concern that “learning automata” may make more difficult or impossible to attribute moral culpability to persons for untoward events. Building on literature in moral and legal philosophy, and ethics of technology, the paper proposes a broader and more comprehensive analysis of the responsibility gap. The responsibility gap, it is argued, is not one problem but a set of at least four interconnected (...) problems – gaps in culpability, moral and public accountability, active responsibility—caused by different sources, some technical, other organisational, legal, ethical, and societal. Responsibility gaps may also happen with non-learning systems. The paper clarifies which aspect of AI may cause which gap in which form of responsibility, and why each of these gaps matter. It proposes a critical review of partial and non-satisfactory attempts to address the responsibility gap: those which present it as a new and intractable problem (“fatalism”), those which dismiss it as a false problem (“deflationism”), and those which reduce it to only one of its dimensions or sources and/or present it as a problem that can be solved by simply introducing new technical and/or legal tools (“solutionism”). The paper also outlines a more comprehensive approach to address the responsibility gaps with AI in their entirety, based on the idea of designing socio-technical systems for “meaningful human control", that is systems aligned with the relevant human reasons and capacities. (shrink)

Goffman’s (1959) dramaturgical identity theory requires modification when theorising about presentations of self on social media. This chapter contributes to these efforts, refining a conception of digital identities by differentiating them from ‘corporatised identities’. Armed with this new distinction, I ultimately argue that social media platforms’ production of corporatised identities undermines their users’ autonomy and digital well-being. This follows from the disentanglement of several commonly conflated concepts. Firstly, I distinguish two kinds of presentation of self that I collectively refer to (...) as ‘expressions of digital identity’. These digital performances (boyd 2007) and digital artefacts (Hogan 2010) are distinct, but often confused. Secondly, I contend this confusion results in the subsequent conflation of corporatised identities – poor approximations of actual digital identities, inferred and extrapolated by algorithms from individuals’ expressions of digital identity – with digital identities proper. Finally, and to demonstrate the normative implications of these clarifications, I utilise MacKenzie’s (2014, 2019) interpretation of relational autonomy to propose that designing social media sites around the production of corporatised identities, at the expense of encouraging genuine performances of digital identities, has undermined multiple dimensions of this vital liberal value. In particular, the pluralistic range of authentic preferences that should structure flourishing human lives are being flattened and replaced by commercial, consumerist preferences. For these reasons, amongst others, I contend that digital identities should once again come to drive individuals’ actions on social media sites. Only upon doing so can individuals’ autonomy, and control over their digital identities, be rendered compatible with social media. (shrink)

A growing number of consumer technology companies are aiming to convince older people that humanoid robots make helpful tools to support aging-in-place. As hybrid devices, socially assistive robots (SARs) are situated between health monitoring tools, familiar digital assistants, security aids, and more advanced AI-powered devices. Consequently, they implicate older people’s privacy in complex ways. Such devices are marketed to perform functions common to smart speakers (e.g., Amazon Echo) and smart home platforms (e.g., Google Home), while other functions are more specific (...) to older people, including health and safety monitoring and serving as companions to mitigate loneliness. Privacy is a key value central to debates about the ethics of using SARs in aged care, yet there has been very little interchange between these debates and the robust theoretical discussion in the legal literature about the future of privacy and AI governance. Drawing on two qualitative studies of older people’s views on consumer SARs, the paper contributes novel findings about older people’s thinking on privacy and data governance at the intersection of their experiences with present day digital technologies and projections for future AI systems, and places their views in dialogue with debates about the future of privacy protection and AI governance. (shrink)

This paper argues in favor of a hybrid conception of identity. A common conception of identity in datafied society is a split between a digital self and a real self, which has resulted in concepts such as the data double, algorithmic identity, and data shadows. These data-identity metaphors have played a significant role in the conception of informational privacy as control over information—the control of or restricted access to your digital identity. Through analyses of various data-identity metaphors as well as (...) philosophical accounts of identity, we argue in favor of a hybrid conception of identity that emphasizes the relations between the ‘real’ and the ‘digital’. A hybrid conception of identity—where the digital is an aspect on par with social relations, self-understanding, and values—ultimately calls for an understanding of privacy as the right to influence one’s own identity. (shrink)

The United Nations confirmed that privacy remains a human right in the digital age, but our daily digital experiences and seemingly ever-increasing amounts of data suggest that privacy is a mundane, distributed and technologically mediated concept. This article explores privacy by mapping out different legal and conceptual approaches to privacy protection in the context of datafication. It provides an essential starting point to explore the entwinement of technological, ethical and regulatory dynamics. It clarifies why each of the presented approaches emphasises (...) particular aspects and analyses the tensions that arise. The resulting overview provides insight into the main strengths and limitations of the different approaches arising from specific traditions. This analytic overview therefore serves as a key resource to analyse the usefulness of the approaches in the context of the increasing datafication of both private and public spheres.Specifically, we contrast the approach focusing on data subjects whose data are being ‘protected’ with others, including Fair Information Practice Principles, the German right to ‘informational self-determination’, and the South American ‘habeas data’ doctrine. We also present and contrast emerging approaches to privacy and discuss their intersection with datafication. In conclusion, we put forth that rather than aiming for one single solution that works worldwide and across all situations, it is essential to identify synergies and stumbling blocks between the various regulatory settings and newly emerging approaches. (shrink)

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters carry (...) censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs. (shrink)