Over the past decade, the Five Eyes Intelligence community has argued cryptosystems with end-to-end encryption (E2EE) are disrupting the acquisition and analysis of digital evidence. They have labelled this phenomenon the ‘problem of going dark’. Consequently, several jurisdictions have passed ‘responsible encryption’ laws that limit access to E2EE. Based upon a rhetorical analysis (Cunningham in Understanding rhetoric: a guide to critical reading and argumentation, BrownWalker Press, Boca Raton, 2018) of official statements about ‘going dark’, it is argued there is a (...) need for a domain-specific principle of cryptographic justice to reorient the debate away from competing technocratic claims about the necessity, proportionality, and accountability of digital surveillance programs. This article therefore specifies a principle of cryptographic justice by adapting more general norms of information justice to decision-making about encryption law and policy. The resulting principle is that encryption laws and policies should be designed to empower the comparatively powerless to protect themselves from domination (i.e., morally arbitrary forms of surveillance). It is argued this principle can reorient decision-making about encryption law and policy towards consideration of how cryptography impacts systems-level power dynamics within information societies. (shrink)

This paper presents an ethical framework designed to support the development of critical data literacy for research methods courses and data training programmes in higher education. The framework we present draws upon our reviews of literature, course syllabi and existing frameworks on data ethics. For this research we reviewed 250 research methods syllabi from across the disciplines, as well as 80 syllabi from data science programmes to understand how or if data ethics was taught. We also reviewed 12 data ethics (...) frameworks drawn from different sectors. Finally, we reviewed an extensive and diverse body of literature about data practices, research ethics, data ethics and critical data literacy, in order to develop a transversal model that can be adopted across higher education. To promote and support ethical approaches to the collection and use of data, ethics training must go beyond securing informed consent to enable a critical understanding of the techno-centric environment and the intersecting hierarchies of power embedded in technology and data. By fostering ethics as a method, educators can enable research that protects vulnerable groups and empower communities. (shrink)

This study investigates the ethical use of Big Data and Artificial Intelligence (AI) technologies (BD + AI)—using an empirical approach. The paper categorises the current literature and presents a multi-case study of 'on-the-ground' ethical issues that uses qualitative tools to analyse findings from ten targeted case-studies from a range of domains. The analysis coalesces identified singular ethical issues, (from the literature), into clusters to offer a comparison with the proposed classification in the literature. The results show that despite the variety (...) of different social domains, fields, and applications of AI, there is overlap and correlation between the organisations’ ethical concerns. This more detailed understanding of ethics in AI + BD is required to ensure that the multitude of suggested ways of addressing them can be targeted and succeed in mitigating the pertinent ethical issues that are often discussed in the literature. (shrink)

The increasing availability of digital data reflecting economic and human development, and in particular the availability of data emitted as a by-product of people’s use of technological devices and services, has both political and practical implications for the way people are seen and treated by the state and by the private sector. Yet the data revolution is so far primarily a technical one: the power of data to sort, categorise and intervene has not yet been explicitly connected to a social (...) justice agenda by the agencies and authorities involved. Meanwhile, although data-driven discrimination is advancing at a similar pace to data processing technologies, awareness and mechanisms for combating it are not. This paper posits that just as an idea of justice is needed in order to establish the rule of law, an idea of data justice – fairness in the way people are made visible, represented and treated as a result of their production of digital data – is necessary to determine ethical paths through a datafying world. Bringing together the emerging scholarly perspectives on this topic, I propose three pillars as the basis of a notion of international data justice: visibility, engagement with technology and antidiscrimination. These pillars integrate positive with negative rights and freedoms, and by doing so challenge both the basis of current data protection regulations and the growing assumption that being visible through the data we emit is part of the contemporary social contract. (shrink)

In this paper, we document the counter-data action and data activism of a grassroots affordable housing advocacy group in Atlanta. Our observation and insight into these data activities and strategies are achieved through ethnographic and engaged research and participatory design. We find that counter-data action through community-collected data is rooted in a legacy of Atlanta’s black activism and black scholarship; that this data activism enabled resource mobilization and critical conscious making; and that design and media production are essential post counter-data (...) action activities in data activism. Based on these findings, we urge the field of open government data to broaden their concept of social impact of data to include the use data to mobilize resources within oppressed communities not to influence policy and government but to build capacities within community in order to transform, not join, political structures. We also advocate that scholars within the fields of open government data, critical data studies, and data activism recognize the legacy and historic practice of data activism by black communities working towards social change. (shrink)

The aim of this paper is to critically explore whether crowdsourced Big Data enables an inclusive humanitarian response at times of crisis. We argue that all data, including Big Data, are socially constructed artefacts that reflect the contexts and processes of their creation. To support our argument, we qualitatively analysed the process of ‘Big Data making’ that occurred by way of crowdsourcing through open data platforms, in the context of two specific humanitarian crises, namely the 2010 earthquake in Haiti and (...) the 2015 earthquake in Nepal. We show that the process of creating Big Data from local and global sources of knowledge entails the transformation of information as it moves from one distinct group of contributors to the next. The implication of this transformation is that locally based, affected people and often the original ‘crowd’ are excluded from the information flow, and from the interpretation process of crowdsourced crisis knowledge, as used by formal responding organizations, and are marginalized in their ability to benefit from Big Data in support of their own means. Our paper contributes a critical perspective to the debate on participatory Big Data, by explaining the process of in and exclusion during data making, towards more responsive humanitarian relief. (shrink)

Government officials claim open data can improve internal and external communication and collaboration. These promises hinge on “data intermediaries”: extra-institutional actors that obtain, use, and translate data for the public. However, we know little about why these individuals might regard open data as a site of civic participation. In response, we draw on Ilana Gershon to conceptualize culturally situated and socially constructed perspectives on data, or “data ideologies.” This study employs mixed methodologies to examine why members of the public hold (...) particular data ideologies and how they vary. In late 2015 the authors engaged the public through a commission in a diverse city of approximately 500,000. Qualitative data was collected from three public focus groups with residents. Simultaneously, we obtained quantitative data from surveys. Participants’ data ideologies varied based on how they perceived data to be useful for collaboration, tasks, and translations. Bucking the “geek” stereotype, only a minority of those surveyed were professional software developers or engineers. Although only a nascent movement, we argue open data intermediaries have important roles to play in a new political landscape. (shrink)

This article shows how activists in the open data movement re-articulate notions of democracy, participation, and journalism by applying practices and values from open source culture to the creation and use of data. Focusing on the Open Knowledge Foundation Germany and drawing from a combination of interviews and content analysis, it argues that this process leads activists to develop new rationalities around datafication that can support the agency of datafied publics. Three modulations of open source are identified: First, by regarding (...) data as a prerequisite for generating knowledge, activists transform the sharing of source code to include the sharing of raw data. Sharing raw data should break the interpretative monopoly of governments and would allow people to make their own interpretation of data about public issues. Second, activists connect this idea to an open and flexible form of representative democracy by applying the open source model of participation to political participation. Third, activists acknowledge that intermediaries are necessary to make raw data accessible to the public. This leads them to an interest in transforming journalism to become an intermediary in this sense. At the same time, they try to act as intermediaries themselves and develop civic technologies to put their ideas into practice. The article concludes with suggesting that the practices and ideas of open data activists are relevant because they illustrate the connection between datafication and open source culture and help to understand how datafication might support the agency of publics and actors outside big government and big business. (shrink)

This paper pertains to research works aiming at linking ethics and automated reasoning in autonomous machines. It focuses on a formal approach that is intended to be the basis of an artificial agent’s reasoning that could be considered by a human observer as an ethical reasoning. The approach includes some formal tools to describe a situation and models of ethical principles that are designed to automatically compute a judgement on possible decisions that can be made in a given situation and (...) explain why a given decision is ethically acceptable or not. It is illustrated on three ethical frameworks—utilitarian ethics, deontological ethics and the Doctrine of Double effect whose formal models are tested on ethical dilemmas so as to examine how they respond to those dilemmas and to highlight the issues at stake when a formal approach to ethical concepts is considered. The whole approach is instantiated on the drone dilemma, a thought experiment we have designed; this allows the discrepancies that exist between the judgements of the various ethical frameworks to be shown. The final discussion allows us to highlight the different sources of subjectivity of the approach, despite the fact that concepts are expressed in a more rigorous way than in natural language: indeed, the formal approach enables subjectivity to be identified and located more precisely. (shrink)

Andrew Feenberg has taken issue with the “neo-liberal agenda” that is currently guiding how far too many universities both conceptualize and use “educational technology.” In this article, I expand the scope of his critical discussion to include analysis of contemporary higher education initiatives that capitalize on big data.

The development of electronic personal health records by independent vendors and national health systems is understood to empower patients and create a new kind of consumerism in healthcare. With more personal health information at hand, active participation in the management of health and rational purchasing of healthcare services will be possible. Healthcare systems will also be able to contain costs and achieve sustainability. Based on a careful examination of the literature, we argue that many of the declared benefits of this (...) technology are rather unattainable. As the boundaries between the public and private healthcare sectors become blurred and as employers struggle to reduce health insurance expenses, this proclaimed ‘consumer empowerment in healthcare’ is an attempt to introduce a technology and a business model for centralising all relevant PHI to render them economic. We reflect on the consequences for the ‘empowered’ user and we suggest that this new market device has to separate and individually address sufficiently issues of privacy, confidentiality and security before it can claim a place in the digital healthcare ecosystem. (shrink)