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1 - Monitoring Laws

Published online by Cambridge University Press:  08 November 2019

Jake Goldenfein
Affiliation:
Cornell University, New York
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Summary

Automated decision-making and profiling are becoming more prolific and changing in nature. What began with police photography and Habitual Criminal Registers has reached a new crescendo with computer vision and data science. Law has struggled to adequately regulate these technologies and practices. Where it has been successful, law constrains profiling by protecting ‘identity’. However, in the contemporary technological environment, the notions of identity that animate the legal thinking and the notions of identity that animate the data science and profiling are markedly different. This chapter introduces the argument that these contradictory ways of thinking about people is why the law has struggled to introduce meaningful regulation in this field. It introduces the metaphor of the ‘world state’, the process by which the world and the people within it are translated into the computational world, and asks what law needs to do as the world state becomes more prominent.

Type
Chapter
Information
Monitoring Laws
Profiling and Identity in the World State
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 2019

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  • Monitoring Laws
  • Jake Goldenfein, Cornell University, New York
  • Book: Monitoring Laws
  • Online publication: 08 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108637657.001
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  • Monitoring Laws
  • Jake Goldenfein, Cornell University, New York
  • Book: Monitoring Laws
  • Online publication: 08 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108637657.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Monitoring Laws
  • Jake Goldenfein, Cornell University, New York
  • Book: Monitoring Laws
  • Online publication: 08 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108637657.001
Available formats
×