Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...) all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the predominant accounts of privacy (...) are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

This brief commentary has three goals. The first is to argue that ‘‘framework debate’’ in cognitive science is unresolvable. The idea that one theory or framework can singly account for the vast complexity and variety of cognitive processes seems unlikely if not impossible. The second goal is a consequence of this: We should consider how the various theories on offer work together in diverse contexts of investigation. A final goal is to supply a brief review for readers who are compelled (...) by these points to explore existing literature on the topic. Despite this literature, pluralism has garnered very little attention from broader cognitive science. We end by briefly considering what it might mean for theoretical cognitive science. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

Surveillance plays a crucial role in public health, and for obvious reasons conflicts with individual privacy. This paper argues that the predominant approach to the conflict is problematic, and then offers an alternative. It outlines a Basic Interests Approach to public health measures, and the Unreasonable Exercise Argument, which sets forth conditions under which individuals may justifiably exercise individual privacy claims that conflict with public health goals. The view articulated is compatible with a broad range conceptions of the value of (...) health. (shrink)

Algorithmic systems and predictive analytics play an increasingly important role in various aspects of modern life. Scholarship on the moral ramifications of such systems is in its early stages, and much of it focuses on bias and harm. This paper argues that in understanding the moral salience of algorithmic systems it is essential to understand the relation between algorithms, autonomy, and agency. We draw on several recent cases in criminal sentencing and K–12 teacher evaluation to outline four key ways in (...) which issues of agency, autonomy, and respect for persons can conflict with algorithmic decision-making. Three of these involve failures to treat individual agents with the respect they deserve. The fourth involves distancing oneself from a morally suspect action by attributing one’s decision to take that action to an algorithm, thereby laundering one’s agency. (shrink)

ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to exercise (...) power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

The nature of temporal experience is typically explained in one of a small number of ways, most are versions of either retentionalism or extensionalism. After describing these, I make a distinction between two kinds of temporal character that could structure temporal experience: A-ish contents are those that present events as structured in past/present/future terms, and B-ish contents are those that present events as structured in earlier-than/later-than/simultaneous-with relations. There are a few exceptions, but most of the literature ignores this distinction, and (...) silently assumes temporal experience is A-ish. I then argue that temporal character is not scale invariant, but rather that temporal experience is A-ish at larger scales, and B-ish at smaller scales. I then point out that this scale non-invariance opens the possibility of hybrid views. I clarify my own view as a hybrid view, according to which temporal experience is B-ish at small scales – and at this scale my trajectory estimation model applies – but A-ish at larger scales, and at the larger scale my TEM does not apply. I then motivate this hybrid position by first defending it against arguments that have tried to show that the TEM is untenable. Since the hybrid view has TEM as its small-scale component, it must address this objection. I then put pressure on the main alternative account, extentionalism, by showing that its proponents have not adequately dealt with the problem of temporal illusions. The result is a new theory motivated by i) explaining its virtues, ii) showing that objections to it can be met, and iii) showing that objections to its main competitors have not been met. (shrink)

New media (highly interactive digital technology for creating, sharing, and consuming information) affords users a great deal of control over their informational diets. As a result, many users of new media unwittingly encapsulate themselves in epistemic bubbles (epistemic structures, such as highly personalized news feeds, that leave relevant sources of information out (Nguyen forthcoming)). Epistemically paternalistic alterations to new media technologies could be made to pop at least some epistemic bubbles. We examine one such alteration that Facebook has made in (...) an effort to fight fake news and conclude that it is morally permissible. We further argue that many epistemically paternalistic policies can (and should) be a perennial part of the internet information environment. (shrink)

In both psychology and philosophy, cognitive theories of emotion have met with increasing opposition in recent years. However, this apparent controversy is not so much a gridlock between antithetical stances as a critical debate in which each side is being forced to qualify its position in order to accommodate the other side of the story. Here, I attempt to sort out some of the disagreements between cognitivism and its rivals, adjudicating some disputes while showing that others are merely superficial. Looking (...) at evidence from neuroscience and social psychology, as well as thought experiments and theoretical arguments, I conclude that it is necessary to acknowledge both that emotions have intentional content and that they involve somatic agitation. I also point out some of the more promising directions for future research in this area. (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for assessment (...) and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

A collection of essays, mostly original, on the actual and possible positions on free will available to Buddhist philosophers, by Christopher Gowans, Rick Repetti, Jay Garfield, Owen Flanagan, Charles Goodman, Galen Strawson, Susan Blackmore, Martin T. Adam, Christian Coseru, Marie Friquegnon, Mark Siderits, Ben Abelson, B. Alan Wallace, Peter Harvey, Emily McRae, and Karin Meyers, and a Foreword by Daniel Cozort.

Critical review of Buddhist theories of free will published between 2000 and 2014.

A critical review of Charles Goodman's view about Buddhism and free will to the effect that Buddhism is hard determinist, basically because he thinks Buddhist causation is definitively deterministic, and he thinks determinism is definitively incompatible with free will, but especially because he thinks Buddhism is equally definitively clear on the non-existence of a self, from which he concludes there cannot be an autonomous self.

I argue for a possible Buddhist theory of free will that combines Frankfurt's hierarchical analysis of meta-volitional/volitional accord with elements of the Buddhist eightfold path that prescribe that Buddhist aspirants cultivate meta-volitional wills that promote the mental freedom that culminates in enlightenment, as well as a causal/functional analysis of how Buddhist meditative methodology not only plausibly makes that possible, but in ways that may be applied to undermine Galen Strawson's impossibility argument, along with most of the other major arguments for (...) free will skepticism. (shrink)

ABSTRACT: One important criticism of algorithmic systems is that they lack transparency. Such systems can be opaque because they are complex, protected by patent or trade secret, or deliberately obscure. In the EU, there is a debate about whether the General Data Protection Regulation (GDPR) contains a “right to explanation,” and if so what such a right entails. Our task in this chapter is to address this informational component of algorithmic systems. We argue that information access is integral for respecting (...) autonomy, and transparency policies should be tailored to advance autonomy. -/- To make this argument we distinguish two facets of agency (i.e., capacity to act). The first is practical agency, or the ability to act effectively according to one’s values. The second is what we call cognitive agency, which is the ability to exercise what Pamela Hieronymi calls “evaluative control” (i.e., the ability to control our affective states, such as beliefs, desires, and attitudes). We argue that respecting autonomy requires providing persons sufficient information to exercise evaluative control and properly interpret the world and one’s place in it. We draw this distinction out by considering algorithmic systems used in background checks, and we apply the view to key cases involving risk assessment in criminal justice decisions and K-12 teacher evaluation. -/- The link below is to an open access version of the chapter. (shrink)

This chapter analyses Soren Kierkegaard's thoughts and opinions about ancient Greek philosophy. It examines the significance of Kierkegaard's references to Greek philosophy in his writings and suggests that his use of classical thought was part of his effort to define his own intellectual project. The chapter investigates how Greek philosophy influenced Kierkegaard's works and views about ethics, existential thought, Socratic faith, love, and virtue, and also considers what Kierkegaard believed was the legacy of ancient Greek philosophy.

A critical review of Mark Siderits's arguments in support of a compatibilist Buddhist theory of free will based on early Abhidharma reductionism and the two-truths distinction between conventional and ultimate truths or reality, which theory he terms 'paleo-compatibilism'. The Buddhist two-truths doctrine is basically analogous to Sellers' distinction between the manifest and scientific images, in which case the argument is that determinism is a claim about ultimate reality, whereas personhood and agency are about conventional reality, both discourse domains are semantically (...) insulated, and thus there cannot be any issue of the incompatibility. (shrink)

A critical review of the first wave of publications on Buddhism and free will between the 1960s and 1980s.

This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...) supports it. (shrink)

A critical reply to the anti-mindfulness critics in the collection, who oppose the popular secularized adoption of mindfulness on various grounds (it is not Buddhism, it is Buddhism, it is a tool of neo-capitalist exploitation, etc.), I argue that mindfulness is a quality of consciousness, opposite mindlessness, that may be cultivated through practice, and is almost always beneficial to those who cultivate it.

“Big Data” and data analytics affect all of us. Data collection, analysis, and use on a large scale is an important and growing part of commerce, governance, communication, law enforcement, security, finance, medicine, and research. And the theme of this symposium, “Individual and Informational Privacy in the Age of Big Data,” is expansive; we could have long and fruitful discussions about practices, laws, and concerns in any of these domains. But a big part of the audience for this symposium is (...) students and faculty in higher education institutions (HEIs), and the subject of this paper is data analytics in our own backyards. Higher education learning analytics (LA) is something that most of us involved in this symposium are familiar with. Students have encountered LA in their courses, in their interactions with their law school or with their undergraduate institutions, instructors use systems that collect information about their students, and administrators use information to help understand and steer their institutions. More importantly, though, data analytics in higher education is something that those of us participating in the symposium can actually control. Students can put pressure on administrators, and faculty often participate in university governance. Moreover, the systems in place in HEIs are more easily comprehensible to many of us because we work with them on a day-to-day basis. Students use systems as part of their course work, in their residences, in their libraries, and elsewhere. Faculty deploy course management systems (CMS) such as Desire2Learn, Moodle, Blackboard, and Canvas to structure their courses, and administrators use information gleaned from analytics systems to make operational decisions. If we (the participants in the symposium) indeed care about Individual and Informational Privacy in the Age of Big Data, the topic of this paper is a pretty good place to hone our thinking and put into practice our ideas. (shrink)

I argue for the use of contemplative practices, such as meditation, journaling, reflection, etc., as an adjunct or alternative form of pedagogy that can help enrich student engagement, facilitate the creation of a philosophical mind state, and engender intrinsic curiosity and related psychological and/or motivational qualities that are supportive of educational ideals. I report on my own scholarship of teaching and learning (SoTL) research performed in my philosophy classes, as a case study in point. I found that the more times (...) students in my different philosophy courses meditated, the more their subjective responses changed on surveys about their philosophical attitudes and beliefs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 207-215 [Access article in PDF] Notes and Fragments Poetics of Sentimentality Rick Anthony Furtak IN HIS MAJOR WORK, The Passions, Robert Solomon argues that emotions are judgments. 1 Through a series of persuasive examples, he shows that emotions are best understood as mental states which involve certain beliefs about the world. This means that every emotion has an object: if I am angry (...) at John for stealing my car, the object of my anger is the fact (or what I take to be a fact) that my car has been stolen by John. If I find out that this is not the case, that my car has not even left the garage, then my anger should vanish along with its justification. 2 The key point here is that anger, like any other emotion, may be reasonable or inappropriate depending on the situation. If there is nothing to be angry about, then it would be irrational for me to cultivate anger simply because I enjoy having this particular emotion. In general, emotional responses are cognitively flawed whenever they are at odds with the properties of their objects. If we want our judgments to be realistic and not delusional, then we must avoid this kind of error.It is curious, then, that Solomon has written an essay in which he categorically declares that "there is nothing wrong with sentimentality." 3 For it would appear that his theory of emotion provides precisely the terms needed in order to specify what is wrong with it. If emotions are judgments, then "sentimentality" ought to be an important critical term to designate the habit of having emotions that involve either impaired or mistaken judgment. Nevertheless, Solomon is willing to defend any and every episode of tender emotion, of the kind associated with the [End Page 207] death of Little Nell in The Old Curiosity Shop (S, p. 240). He suggests that the more we can muster up this sort of response to literature or life, the better. What he seeks to encourage, in other words, is what Hume would call "delicacy" of (aesthetic) taste and of (ethical) passion. 4 But while Hume acknowledges that sensitivity to beauty and to ugliness are two sides of the same coin, such that anyone who is susceptible to lively enjoyments is also liable to undergo pungent sorrows, Solomon wants to promote only the tender aspect of emotion.On the principle of passionate maximization, it is good if I can be tenderly affected by a poem—any poem! The problem with such crass emotion-stoking is that it precludes the possibility of distinguishing between, for instance, the two stanzas below. Both are by Wilfred Owen: the first was written in 1914 and the second in 1918. 5 I O meet it is and passing sweet To live in peace with others, But sweeter still and far more meet To die in war for brothers. II Bent double, like old beggars under sacks, Knock-kneed, coughing like hags, we cursed through sludge, Till on the haunting flares we turned our backs And towards our distant rest began to trudge. Men marched asleep. Many had lost their boots But limped on, blood-shod. All went lame; all blind; Drunk with fatigue; deaf even to the hoots Of tired, outstripped Five-Nines that dropped behind. Only if emotions did not involve rational judgment could a person's passionate response to these two stanzas be a matter of indifference. But it seems that, on the contrary, an essential component of understanding them is recognizing that they express irreconcilable cognitive attitudes. The tone of the 1918 stanza is strikingly different from that of the earlier one, even though they share roughly the same topic. The latter stanza is stark and ominous, and filled with vivid detail; the one from 1914 is sweet and vague. Clearly, we might describe the earlier of the two as "sentimental"—the question is, what kind of judgment does [End Page 208] it involve? I suggest that its insipid jingles endorse the view that war is a delightful opportunity to nurture brotherhood and gain... (shrink)

Name der Zeitschrift: Kierkegaard Studies Yearbook Jahrgang: 2013 Heft: 1 Seiten: 217-242.

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...) rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

: Thoreau's journal contains a number of passages which explore the nature of perception, developing a response to skeptical doubt. The world outside the human mind is real, and there is nothing illusory about its perceived beauty and meaning. In this essay, I draw upon the work of Stanley Cavell (among others) in order to frame Thoreau's reflections within the context of the skeptical questions he seeks to address. Value is not a subjective projection, but it also cannot be perceived (...) without the appropriate kind of emotional orientation or attunement toward the world: that is, an attitude of trust or acceptance. Without this affective receptivity, or "perceptual faith," our knowledge of reality is limited. The beliefs we hold onto in the face of objective uncertainty establish the framework within which we make particular evaluations, and in this sense they are a necessary condition of practical reason. Every understanding has its mood. (shrink)

This article develops a framework for analyzing and comparing privacy and privacy protections across (inter alia) time, place, and polity and for examining factors that affect privacy and privacy protection. This framework provides a method to describe precisely aspects of privacy and context and a flexible vocabulary and notation for such descriptions and comparisons. Moreover, it links philosophical and conceptual work on privacy to social science and policy work and accommodates different conceptions of the nature and value of privacy. The (...) article begins with an outline of the framework. It then refines the view by describing a hypothetical application. Finally, it applies the framework to a real‐world privacy issue—campaign finance disclosure laws in the United States and France. The article concludes with an argument that the framework offers important advantages to privacy scholarship and for privacy policy makers. (shrink)

This paper is largely exegetical/interpretive. My goal is to demonstrate that some criticisms that have been leveled against the program Gareth Evans constructs in The Varieties of Reference (Evans 1980, henceforth VR) misfire because they are based on misunderstandings of Evans’ position. First I will be discussing three criticisms raised by Tyler Burge (Burge, 2010). The first has to do with Evans’ arguments to the effect that a causal connection between a belief and an object is insufficient for that belief (...) to be about that object. A key part of Evans’ argument is to carefully distinguish considerations relevant to the semantics of language from considerations relevant to the semantics (so to speak) of thought or belief (to make the subsequent discussion easier, I will henceforth use ‘thought’ as a blanket term for the relevant mental states, including belief). I will argue that Burge’s criticisms depend on largely not taking account of Evans’ distinctions. Second, Burge criticizes Evans’ account of ‘informational content’ taking it to be inconsistent. I will show that the inconsistency Burge finds depends entirely on a misreading of the doctrine. Finally, Burge takes Evans to task for a perceived over-intellectualization in a key aspect of his doctrine. Burge incorrectly reads Evans as requiring that the subject holding a belief be engaged in certain overly intellectual endeavors, when in fact Evans is only attributing these endeavors to theorists of such a subject. Next, I turn to two criticisms leveled by John Campbell (Campbell, 1999). I will argue that Campbell’s criticisms are based on misunderstandings – though they do hit at deeper elements of Evans’ doctrine. First, Campbell reads Evans’ account of demonstrative thought as requiring that the subject’s information link to an object allows her to directly locate that object in space. Campbell constructs a case in which one tomato (a) is, because of an angled mirror, incorrectly seen as being at a location that happens to be occupied by an identical tomato (b). Campbell claims that Evans’ doctrines require us to conclude that the subject cannot have a demonstrative thought about the seen tomato (a), though it seems intuitively that such a subject would be able to have a demonstrative thought about that tomato, despite its location is inaccurately seen. I show that Evans’ position in fact allows that the subject can have a demonstrative thought about the causal-source tomato in this case because his account does not require that the location of demonstratively identified objects be immediately accurately assessed. What is crucial is that the subject have the ability to accurately discover the location. Second, Campbell criticizes Evans’ notion of a fundamental level of thought. I show that this criticism hinges on view of the nature and role of the fundamental level of thought that mischaracterizes Evans’ treatment of the notion. (shrink)

Martha Nussbaum’s new book Political Emotions is a contribution to political philosophy and, simultaneously, a moral-psychological study of the emotions. In it, she revisits some of the most prominent themes in her 2004 book Hiding from Humanity and her 2001 treatise, Upheavals of Thought. As Nussbaum points out in the opening pages of Political Emotions, one of her goals in this work is to answer a call issued by John Rawls for a “reasonable moral psychology” that would be conceptually refined (...) and empirically grounded, since a complete theoretical account of the just society must be informed by a suitably complex, accurate conception of human emotions. On the whole, Political Emotions is a remarkably successful book that combines several areas of philosophical research in which the author’s proficiency is well known. It shows how problems that lie on the more intimate side of ethics, pertaining for instance to friendship and family life, have relevance for social justice and publi .. (shrink)

There is increasing concern about “surveillance capitalism,” whereby for-profit companies generate value from data, while individuals are unable to resist (Zuboff 2019). Non-profits using data-enabled surveillance receive less attention. Higher education institutions (HEIs) have embraced data analytics, but the wide latitude that private, profit-oriented enterprises have to collect data is inappropriate. HEIs have a fiduciary relationship to students, not a narrowly transactional one (see Jones et al, forthcoming). They are responsible for facets of student life beyond education. In addition to (...) classrooms, learning management systems, and libraries, HEIs manage dormitories, gyms, dining halls, health facilities, career advising, police departments, and student employment. HEIs collect and use student data in all of these domains, ostensibly to understand learner behaviors and contexts, improve learning outcomes, and increase institutional efficiency through “learning analytics” (LA). ID card swipes and Wi-Fi log-ins can track student location, class attendance, use of campus facilities, eating habits, and friend groups. Course management systems capture how students interact with readings, video lectures, and discussion boards. Application materials provide demographic information. These data are used to identify students needing support, predict enrollment demands, and target recruiting efforts. These are laudable aims. However, current LA practices may be inconsistent with HEIs’ fiduciary responsibilities. HEIs often justify LA as advancing student interests, but some projects advance primarily organizational welfare and institutional interests. Moreover, LA advances a narrow conception of student interests while discounting privacy and autonomy. Students are generally unaware of the information collected, do not provide meaningful consent, and express discomfort and resigned acceptance about HEI data practices, especially for non-academic data (see Jones et al. forthcoming). The breadth and depth of student information available, combined with their fiduciary responsibility, create a duty that HEIs exercise substantial restraint and rigorous evaluation in data collection and use. (shrink)

Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the opportunities created by such resources (...) also appear liberty-enhancing. Adjudicating between privacy loss and enhanced opportunities on intellectual freedom grounds must therefore provide an account of intellectual freedom capable of addressing both privacy and opportunity. I will argue that intellectual freedom is a form of positive freedom, where a person’s freedom is a function of the quality of her agency. Using this view as the lodestar, I articulate several principles for assessing adoption of electronic resources and privacy protections. (shrink)

Despite widespread agreement that privacy in the context of education is important, it can be difficult to pin down precisely why and to what extent it is important, and it is challenging to determine how privacy is related to other important values. But that task is crucial. Absent a clear sense of what privacy is, it will be difficult to understand the scope of privacy protections in codes of ethics. Moreover, privacy will inevitably conflict with other values, and understanding the (...) values that underwrite privacy protections is crucial for addressing conflicts between privacy and institutional efficiency, advising efficacy, vendor benefits, and student autonomy. -/- My task in this paper is to seek a better understanding of the concept of privacy in institutional research, canvas a number of important moral values underlying privacy generally (including several that are explicit in the AIR Statement), and examine how those moral values should bear upon institutional research by considering several recent cases. (shrink)

Higher education institutions are mining and analyzing student data to effect educational, political, and managerial outcomes. Done under the banner of “learning analytics,” this work can—and often does—surface sensitive data and information about, inter alia, a student’s demographics, academic performance, offline and online movements, physical fitness, mental wellbeing, and social network. With these data, institutions and third parties are able to describe student life, predict future behaviors, and intervene to address academic or other barriers to student success (however defined). Learning (...) analytics, consequently, raise serious issues concerning student privacy, autonomy, and the appropriate flow of student data. We argue that issues around privacy lead to valid questions about the degree to which students should trust their institution to use learning analytics data and other artifacts (algorithms, predictive scores) with their interests in mind. We argue that higher education institutions are paradigms of information fiduciaries. As such, colleges and universities have a special responsibility to their students. In this article, we use the information fiduciary concept to analyze cases when learning analytics violate an institution’s responsibility to its students. (shrink)

This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, and (...) to our account of the four facets of intellectual freedom. We find important conflicts with each. (shrink)

Plato's 'Symposium': Kierkegaard and Platonic Eros.

In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...) the United States has conducted). Specifically, I turn my attention to a recent, well publicized, and recently amended statute (section 215 of the USA Patriot Act3), a surveillance program based on that statute (the National Security Agency’s bulk metadata collection program), and a recent change to that statute that addresses some of the public controversy surrounding the surveillance program (the USA Freedom Act).4 That process (a statute enabling surveillance, a program abiding by that statute, a public controversy, and a change in the law) looks like a paradigm case of law working as it should; but I am not so sure. While the program was plausibly legal, I will argue that it was morally and legally unjustifiable. Specifically, I will argue that the interpretations of section 215 that supported the program violate what Jeremy Waldron calls “legal archetypes,”5 and that changes to the law illustrate one of the central features of legal archetypes and violation of legal archetypes. The paper proceeds as follows: I begin in Part 1 by setting out what I call the “basic argument” in favor of surveillance programs. This is strictly a moral argument about the conditions under which surveillance in the service of national security can be justified. In Part 2, I turn to section 215 and the bulk metadata surveillance program based on that section. I will argue that the program was plausibly legal, though based on an aggressive, envelope-pushing interpretation of the statute. I conclude Part 2 by describing the USA Freedom Act, which amends section 215 in important ways. In Part 3, I change tack. Rather than offering an argument for the conditions under which surveillance is justified (as in Part 1), I use the discussion of the legal interpretations underlying the metadata program to describe a key ambiguity in the basic argument, and to explain a distinct concern in the program. Specifically that it undermines a legal archetype. Moreover, while the USA Freedom Act does not violate legal archetypes, and hence meets a condition for justifiability, it helps illustrate why the bulk metadata program did violate archetypes. (shrink)

A critical overview to the bulk of extant Buddhist theories of free will.

Embedding ethics modules within computer science courses has become a popular response to the growing recognition that CS programs need to better equip their students to navigate the ethical dimensions of computing technologies like AI, machine learning, and big data analytics. However, the popularity of this approach has outpaced the evidence of its positive outcomes. To help close that gap, this empirical study reports positive results from Northeastern’s program that embeds values analysis modules into CS courses. The resulting data suggest (...) that such modules have a positive effect on students’ moral attitudes and that students leave the modules believing they are more prepared to navigate the ethical dimensions they’ll likely face in their eventual careers. Importantly, these gains were accomplished at an institution without a philosophy doctoral program, suggesting this strategy can be effectively employed by a wider range of institutions than many have thought. (shrink)

I argue that if the claims Buddhist philosophy makes about meditation virtuosos are plausible, then Buddhism may rebut most of the strongest arguments for free will skepticism found in Western analytic philosophy, including the hard incompatiblist's argument (which combines the arguments for hard determinism, such as the consequence argument, with those for hard indeterminism, such as the randomness argument), Pereboom's manipulation argument, and Galen Strawson's impossibility argument. The main idea is that the meditation virtuoso can cultivate a level of mind (...) control that is impervious to the causal origins of her mental states, on the basis of which ability an account of free will may be erected, consistent with the claim that Buddhist enlightenment consists in some sort of radical conception of the ultimately impersonal nature of the agent. (shrink)

I argue for a soft compatibilist theory of free will, i.e., such that free will is compatible with both determinism and indeterminism, directly opposite hard incompatibilism, which holds free will incompatible both with determinism and indeterminism. My intuitions in this book are primarily based on an analysis of meditation, but my arguments are highly syncretic, deriving from many fields, including behaviorism, psychology, conditioning and deconditioning theory, philosophy of language, philosophy of mind, simulation theory, etc. I offer a causal/functional analysis of (...) meta-mental control, or 'metacausality', cashed out in counterfactual terms, to solve what I call the easy problem of free will. (shrink)

Discussions of the concept of authenticity often fail to define the conditions of an appropriate emotional orientation toward the world. With a more solid philosophical understanding of emotion, it should be possible to define more precisely the necessary conditions of emotional authenticity. Against this background, I interpret Kierkegaard’s Either/Or as a narrative text that suggests a moral psychology of emotion that points toward the development of a better way of thinking about the ethics of authenticity. In the process, I also (...) engage with the positions of other philosophers, both “existential” and “analytic.” The upshot of my argument is that a cognitive phenomenology of emotion can flesh out the ideal of truthfulness as a virtue of character, while forcing moral philosophers to question whether authenticity should be understood as an achievement of the will rather than as a matter of affective receptivity. (shrink)

Abstract In his discourses on ‘the lily of the field and the bird of the air,’ Kierkegaard presents faith as the best possible response to our precarious and uncertain condition, and as the ideal way to cope with the insecurities and concerns that his readers will recognize as common features of human existence. Reading these discourses together, we are introduced to the portrait of a potential believer who, like the ‘divinely appointed teachers’—the lily and the bird—succeeds in leading a life (...) that is full of care, but free of worry. Such a portrait, we claim, echoes Kierkegaard’s portrait of the knight of faith in Fear and Trembling . In this essay we suggest that faith, as characterized in the ‘lily and bird’ discourses, is a kind of existential trust that would allow us to overcome worry, while remaining wholeheartedly engaged in the finite realm of our cares and concerns. We claim that Kierkegaard’s goal in these discourses is not to belittle our earthly cares, but to invite us to develop a modified attitude toward all that we are susceptible to worry about. Content Type Journal Article Category Article Pages 1-19 DOI 10.1007/s11153-011-9322-5 Authors Sharon Krishek, Department of Philosophy, The Hebrew University of Jerusalem, Jerusalem, Israel Rick Anthony Furtak, Department of Philosophy, Colorado College, Colorado Springs, CO, USA Journal International Journal for Philosophy of Religion Online ISSN 1572-8684 Print ISSN 0020-7047. (shrink)

In this article I explore a number of questions that have not been adequately investigated in philosophy of mind circles: are minds located in the same place as the brains (or other computing machinery) supporting them? Must they exist at the same location as the body? Must they exist at the same time? Could a single mind be implemented in multiple brains, or multiple minds in a single brain? Under what conditions might a single mind persist despite being implemented successively (...) in different brains? What contributions do features of the computing machinery make to these questions, compared to the contribution made by the body and embedded point of view? Some of these questions have been touched on previously, but there hasn’t been any attempt at a systematic analysis of the various consequences that different approaches in the philosophy of mind have for how the spatiotemporal location, synchronic individuation and diachronic identity of minds relates to the spatiotemporal location, synchronic individuation, and diachronic identity of both the implementing computational machinery and the embodied embedded point of view. I make a first stab at such an analysis by discussing a variety of thought experiments in which such questions of location, individuation, and identity arise, and I explore how various approaches to understanding the mind – identity theoretic, functionalist, contentualist, embodied/embedded/extended, and so forth – would respond to such situations. A number of novel issues emerge, and some surprising affinities are revealed. (shrink)

Psychometrics firms such as Cambridge Analytica (CA) and troll factories such as the Internet Research Agency (IRA) have had a significant effect on democratic politics, through narrow targeting of political advertising (CA) and concerted disinformation campaigns on social media (IRA) (U.S. Department of Justice 2019; Select Committee on Intelligence, United States Senate 2019; DiResta et al. 2019). It is natural to think that such activities manipulate individuals and, hence, are wrong. Yet, as some recent cases illustrate, the moral concerns with (...) these activities cannot be reduced simply to the effects they have on individuals. Rather, we will argue, the wrongness of these activities relates to the threats they present to the legitimacy of political orders. This occurs primarily through a mechanism we call “emergent manipulation,” rather than through the sort of manipulation that involves specific individuals. (shrink)

Survival of the fittest is an over simplification because the creature is tuned to the value in the environment. All variation is constrained and sophistication emerges as a consequence of value. -/- If we could zoom out until the entire universe appeared as an infinitesimal point, then it becomes one thing, undifferentiated, a system in search of a narrative. The system is a form of a dance, without the dancers, there is no system. The narrative unfolds as an expression in (...) a context. The meaning branches out as an increasingly rich and complex expression where the dancers enrich the environment and the environment enriches the dancers. As the deeper layers are expressed, more and more subtlety and sophistication is created and the process continues ad infinitum... Value is the measure of an enriching principle of organization. (shrink)

Book review of Jay Garfield's Engaging Buddhism: Why It Matters to Philosophy.