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)

1. Virginia Eubanks (2018, Chapter 4) tells the story of Pat Gordan, an intake screener in the Department of Human Services in Allegheny County, Pennsylvania. The Department deploys a risk assessme...

Organisations that design and deploy artificial intelligence (AI) systems increasingly commit themselves to high-level, ethical principles. However, there still exists a gap between principles and practices in AI ethics. One major obstacle organisations face when attempting to operationalise AI Ethics is the lack of a well-defined material scope. Put differently, the question to which systems and processes AI ethics principles ought to apply remains unanswered. Of course, there exists no universally accepted definition of AI, and different systems pose different ethical (...) challenges. Nevertheless, pragmatic problem-solving demands that things should be sorted so that their grouping will promote successful actions for some specific end. In this article, we review and compare previous attempts to classify AI systems for the purpose of implementing AI governance in practice. We find that attempts to classify AI systems proposed in previous literature use one of three mental models: _the Switch_, i.e., a binary approach according to which systems either are or are not considered AI systems depending on their characteristics; _the Ladder_, i.e., a risk-based approach that classifies systems according to the ethical risks they pose; and _the Matrix_, i.e., a multi-dimensional classification of systems that take various aspects into account, such as context, input data, and decision-model. Each of these models for classifying AI systems comes with its own set of strengths and weaknesses. By conceptualising different ways of classifying AI systems into simple mental models, we hope to provide organisations that design, deploy, or regulate AI systems with the vocabulary needed to demarcate the material scope of their AI governance frameworks. (shrink)

This paper clarifies and answers the following question: is technology morally neutral? It is argued that the debate between proponents and opponents of the Neutrality Thesis depends on different underlying assumptions about the nature of technological artifacts. My central argument centres around the claim that a mere physicalistic vocabulary does not suffice in characterizing technological artifacts as artifacts, and that the concepts of function and intention are necessary to describe technological artifacts at the right level of description. Once this has (...) been established, I demystify talk about the possible value-ladenness of technological artifacts by showing how these values can be empirically identified. I draw from examples in biology and the social sciences to show that there is a non-mysterious sense in which functions and values can be empirically identified. I conclude from this that technology can be value-laden and that its value-ladenness can both derive from the intended functions as well as the harmful non-intended functions of technological artifacts. (shrink)

Value Sensitive Design (VSD) is a design methodology developed by Batya Friedman and Peter Kahn (2003) that brings in moral deliberations in an early stage of a design process. It assumes that neither technology itself is value neutral, nor shifts the value-ladennes to the sole usage of technology. This paper adds to emerging literature onVSD for autonomous weapons systems development and discusses extant literature on values in autonomous systems development in general and in autonomous weapons development in particular. I identify (...) opportunities, such as public debates, and threats, such as the classified nature of the design process, for VSD in autonomous weapons development. This paper contributes to academic debates about the non-neutrality of technology by pointing out that values have been and can be explicitly designed into autonomous systems. It is informative for policy makers and designers who are tasked with developing actual autonomous weapons or policies around such systems, as they learn about an established design methodology that is sensitive to societal concerns and industry needs and that can be applied to autonomous weapons systems. (shrink)

In this paper I argue that Artificial Intelligence and the many data science methods associated with it, such as machine learning and large language models, are first and foremost epistemic technologies. In order to establish this claim, I first argue that epistemic technologies can be conceptually and practically distinguished from other technologies in virtue of what they are designed for, what they do and how they do it. I then proceed to show that unlike other kinds of technology (_including_ other (...) epistemic technologies) AI can be uniquely positioned as an epistemic technology in that it is primarily designed, developed and deployed to be used in _epistemic contexts_ such as inquiry, it is specifically designed, developed and deployed to manipulate _epistemic content_ such as data, _and_ it is designed, developed and deployed to do so particularly through _epistemic operations_ such as prediction and analysis. As has been shown in recent work in the philosophy and ethics of AI (Alvarado, AI and Ethics, 2022a), understanding AI as an epistemic technology will also have significant implications for important debates regarding our relationship to AI technologies. This paper includes a brief overview of such implications, particularly those pertaining to explainability, opacity, trust and even epistemic harms related to AI technologies. (shrink)

Purpose. The main objective of this article is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable. Methodology. This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the EPO. Findings. (...) This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality, is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated. Practical implications. It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed. Research limitations/implications. These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European. Originality. There have been a limited number of studies that examine the value of ethical considerations within the patent system. This article provides a thought-provoking discussion of moral clauses in Europe. I also suggest new ways of incorporating ethical scrutiny into patent systems. (shrink)