Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

Recent decades have seen an unprecedented proliferation of surveillance programs by government agencies. This development has been driven both by technological progress, which has made large scale surveillance operations relatively cheap and easy, and by the threat of terrorism, organized crime and pandemics, which supplies a ready justification for surveillance. For a long time, mass surveillance programs have been associated with autocratic regimes, most notoriously with the German Democratic Republic and the Stasi, its secret police. A more recent case in (...) point is the efforts of the People’s Republic of China to set up a comprehensive surveillance system that assigns citizens a score reflecting their social and political conformity. But the current rise of state mass surveillance is mostly attributable to the new readiness of liberal democracies to monitor their populations. The vast surveillance system uncovered by whistleblower Edward Snowden is maintained and supported by a group of established liberal democracies, including the United States, the United Kingdom, Canada, and many others. While surveillance programs of authoritarian regimes, installed to monitor and quash political dissidents, are uncontroversially unjust, surveillance operations carried out by liberal democracies possess at least some prima facie legitimacy. They are set up with the stated objective of protecting citizens against terrorism, organized crime and pandemics, which few would deny is the duty of any state. Still, the expansion of large-scale surveillance by democratic governments has widely been perceived as objectionable or at least problematic on account of its harmful effects on both individuals and liberal society at large. (shrink)

Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss of privacy. Through providing a definition (...) of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

Artificial intelligence (AI) is a digital technology that will be of major importance for the development of humanity in the near future. AI has raised fundamental questions about what we should do with such systems, what the systems themselves should do, what risks they involve and how we can control these. - After the background to the field (1), this article introduces the main debates (2), first on ethical issues that arise with AI systems as objects, i.e. tools made and (...) used by humans; here, the main sections are privacy (2.1), manipulation (2.2), opacity (2.3), bias (2.4), autonomy & responsibility (2.6) and the singularity (2.7). Then we look at AI systems as subjects, i.e. when ethics is for the AI systems themselves in machine ethics (2.8.) and artificial moral agency (2.9). Finally we look at future developments and the concept of AI (3). For each section within these themes, we provide a general explanation of the ethical issues, we outline existing positions and arguments, then we analyse how this plays out with current technologies and finally what policy conse-quences may be drawn. (shrink)

Ethics plays a key role in the normative analysis of the impacts of technology. We know that computers in general and the processing of data, the use of artificial intelligence, and the combination of computers and/or artificial intelligence with robotics are all associated with ethically relevant implications for individuals, groups, and society. In this article, we argue that while all technologies are ethically relevant, there is no need to create a separate ‘ethics of X’ or ‘X ethics’ for each and (...) every subtype of technology or technological property—e.g. computer ethics, AI ethics, data ethics, information ethics, robot ethics, and machine ethics. Specific technologies might have specific impacts, but we argue that they are often sufficiently covered and understood through already established higher-level domains of ethics. Furthermore, the proliferation of tech ethics is problematic because (a) the conceptual boundaries between the subfields are not well-defined, (b) it leads to a duplication of effort and constant reinventing the wheel, and (c) there is danger that participants overlook or ignore more fundamental ethical insights and truths. The key to avoiding such outcomes lies in a taking the discipline of ethics seriously, and we consequently begin with a brief description of what ethics is, before presenting the main forms of technology related ethics. Through this process, we develop a hierarchy of technology ethics, which can be used by developers and engineers, researchers, or regulators who seek an understanding of the ethical implications of technology. We close by deducing two principles for positioning ethical analysis which will, in combination with the hierarchy, promote the leveraging of existing knowledge and help us to avoid an exaggerated proliferation of tech ethics. (shrink)

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 article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)