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Articles 1 - 4 of 4
Full-Text Articles in Law
Physiognomic Artificial Intelligence, Luke Stark, Jevan Hutson
Physiognomic Artificial Intelligence, Luke Stark, Jevan Hutson
Articles
The reanimation of the pseudosciences of physiognomy and phrenology at scale through computer vision and machine learning is a matter of urgent concern. This Article—which contributes to critical data studies, consumer protection law, biometric privacy law, and antidiscrimination law—endeavors to conceptualize and problematize physiognomic artificial intelligence (“AI”) and offer policy recommendations for state and federal lawmakers to forestall its proliferation.
Physiognomic AI, as this Article contends, is the practice of using computer software and related systems to infer or create hierarchies of an individual’s body composition, protected class status, perceived character, capabilities, and future social outcomes based on their physical …
Why Govern Broken Tools?, Ryan Calo
Why Govern Broken Tools?, Ryan Calo
Articles
In Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study, Brian Hutler et al. ably compare two approaches to the governance of digital contract tracing (DCT). In this brief essay, I want to examine to what extent governance actually played a meaningful role in the failure of DCT. If DCT failed primarily for other reasons, then the authors’ normative suggestion to pursue “a new governance approach … for designing and implementing DCT technology going forward” may be misplaced.
Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang
Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang
Articles
No abstract provided.
The Hidden Harms Of Privacy Penalties, Mary D. Fan
The Hidden Harms Of Privacy Penalties, Mary D. Fan
Articles
How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …