Law Commons^™

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.

Making Smart Decisions About Surveillance: A Guide For Communities, Chris Conley, Matthew Cagle, Peter Bibring, Jessica Farris, Linda Lye, Mitra Ebadolahi, Nicole Ozer

Faculty Scholarship

California communities are increasingly grappling with whether to deploy new surveillance technologies ranging from drones to license plate readers to facial recognition. This is understandable, since public safety budgets are tight, technology vendors promise the ability to do more with less, and federal agencies or industry sponsors may even offer funding.

But surveillance can be both less effective and far more costly to local agencies and to the community at large than initially imagined, leaving communities saddled with long-term bills for surveillance that doesn't end up making the community safer. Surveillance can also be easily misused, leading to the erosion …

Metadata: Piecing Together A Privacy Solution, Chris Conley

Faculty Scholarship

Imagine the government is constantly monitoring you — keeping track of every person you call or email, every place you go, everything you buy, and more — all without getting a warrant. And when you challenge them, they claim you have no right to expect this kind of information to be private. Besides, they’re not actually listening to what you say or reading what you write, so what’s the big deal anyhow?

Unfortunately, this scenario is more real than imaginary. Government agencies ranging from the NSA to local police departments have taken advantage of weak or uncertain legal protections for …