The argument from inductive risk claims that judgments about the moral severity of errors are relevant to decisions about what should count as sufficient evidence for accepting claims. While this idea has been explored in connection with evidence required for the approval of pharmaceuticals, the role of inductive risk in the post-approval process has been largely neglected. In this article, we examine the ethics of inductive risk in connection with revisions to the product monograph for OxyContin in Canada, which understates (...) the risks of addiction and abuse associated with this drug. Using the concept of inductive risk, we consider what evidence should have been sufficient for Health Canada to revise the product monograph for OxyContin. Given the stakes involved, we argue that a less strict standard of evidence would have been appropriate, yet HC in fact took the opposite course, insisting upon a higher standard of evidence than it normally requires. In addition to providing a novel perspective on the opioid crisis in Canada, this article contributes to existing philosophical work by demonstrating that inductive risks in the post-approval stage are important and linked to pre-approval inductive risks. (shrink)

How corporations surveil and influence consumers using big data tools is a major area of research and public debate. However, few studies explore it in relation to physicians in the USA, even though they have been surveilled and targeted by the pharmaceutical industry since at least the 1950s. Indeed, in 2010, concerns about the pharmaceutical industry's undue influence led to the passing of the Physician Sunshine Act, a unique piece of transparency legislation that requires companies to report their financial ties (...) to physicians and teaching hospitals in a public database. This article argues that while the Sunshine Act has clearly helped expose important commercial influences on both prescribing and the scale of industry involvement with physicians, it has also, paradoxically, fuelled further commercial surveillance and marketing. The article casts new light on innovative pharmaceutical marketing approaches and the key role of data brokers and analytics companies in the identification, targeting, managing, and surveillance of physicians. We place this analysis within the political economies of the pharmaceutical industry, surveillance-based marketing, and transparency, and argue that policies to promote increased transparency must be tightly tied to policies that impede the commodification and use of transparency data for surveillance and marketing purposes. (shrink)

In this article, we explore how digital marketers think about marketing in the age of Big Data surveillance, automatic computational analyses, and algorithmic shaping of choice contexts. Our starting point is a contradiction at the heart of digital marketing namely that digital marketing brings about unprecedented levels of consumer empowerment and autonomy and total control over and manipulation of consumer decision-making. We argue that this contradiction of digital marketing is resolved via the notion of relevance, which represents what Fredric (...) Jameson calls a symbolic act. The notion of the symbolic act lets us see the centering of relevance as a creative act of digital marketers who undertake to symbolically resolve a contradiction that cannot otherwise be resolved. Specifically, we suggest that relevance allows marketers to believe that in the age of surveillance capitalism, the manipulation of choice contexts and decision-making is the same as consumer empowerment. Put differently, relevance is the moment when marketing manipulation disappears and all that is left is the empowered consumer. To create relevant manipulations that are experienced as empowering by the consumer requires always-on surveillance, massive analyses of consumer data and hyper-targeted responses, in short, a persistent marketing presence. The vision of digital marketing is therefore a fascinating one: marketing disappears at precisely the moment when it extends throughout the life without limit. (shrink)

Drug regulatory bodies aim to ensure that patients have access to safe and effective drugs; however, no matter the quality of pre-licensure studies, uncertainty will remain regarding the safety and effectiveness of newly approved drugs until a large and diverse population uses those drugs. Recent analyses of Canada’s post-market drug surveillance system have found that Canada is not keeping pace with international requirements for PMDS, and have noted that efforts must be improved to monitor and address the safety (...) and effectiveness of approved drugs among vulnerable populations. Given the uncertainty that exists when drugs enter the market, some have suggested that the precautionary principle is relevant to guiding decision-making in this context. This paper responds to recommendations that the Canadian PMDS system should be responsive to the health needs of vulnerable populations by assessing the utility of deploying the precautionary principle to guide a post-market strategy for vulnerable populations. (shrink)

Public consumption of artificial intelligence (AI) technologies has been rarely investigated from the perspective of data surveillance and security. We show that the technology acceptance model, when properly modified with security and surveillance fears about AI, builds an insight on how individuals begin to use, accept, or evaluate AI and its automated decisions. We conducted two studies, and found positive roles of perceived ease of use (PEOU) and perceived usefulness (PU). AI security concern, however, negatively affected PEOU and (...) PU, resulting in less acceptance of AI—(1) use, (2) preference, and (3) participation. AI surveillance concern also had negative effects on the credibility of AI and its recommendations. We integrated extant literature on socio-demographic differences, providing an insight on how AI acceptance is based on one’s rationality regarding (1) technological risks (security/surveillance) and (2) benefits (PEOU/PU) as well as other contextual factors of socio-demographics. (shrink)

The Internet of Things (IoT) is an emerging global infrastructure that employs wireless sensors to collect, store, and exchange data. Increasingly, applications for marketing and advertising have been articulated as a means to enhance the consumer shopping experience, in addition to improving efficiency. However, privacy advocates have challenged the mass aggregation of personally-identifiable information in databases and geotracking, the use of location-based services to identify one’s precise location over time. This paper employs the framework of contextual integrity related to privacy (...) developed by Nissenbaum (Privacy in context: technology, policy, and the integrity of social life. Stanford University Press, Stanford, 2010) as a tool to understand citizen response to implementation IoT-related technology in the supermarket. The purpose of the study was to identify and understand specific changes in information practices brought about by the IoT that may be perceived as privacy violations. Citizens were interviewed, read a scenario of near-term IoT implementation, and were asked to reflect on changes in the key actors involved, information attributes, and principles of transmission. Areas where new practices may occur with the IoT were then highlighted as potential problems (privacy violations). Issues identified included the mining of medical data, invasive targeted advertising, and loss of autonomy through marketing profiles or personal affect monitoring. While there were numerous aspects deemed desirable by the participants, some developments appeared to tip the balance between consumer benefit and corporate gain. This surveillance power creates an imbalance between the consumer and the corporation that may also impact individual autonomy. The ethical dimensions of this problem are discussed. (shrink)

The paper is devoted to the issue of surveillance in capitalism (surveillance capitalism), a phenomenon which has spread in that socio-economic system since the beginning of the 21st century. We attempt to point out the harmfulness of information technologies developing in the wrong direction, carrying the ideas of dataism and post-truth, which increasingly colonize human living space. It turns out that the information (traces) that people leave while operating on the Internet is a source of predicting human behavior (...) in the future (behavioral futures markets). Thus, for the most developed Internet enterprises in the world, they become a motive for violating what seem to be basic political rights, mainly freedom, property and security. As a result, under the influence of the disinformation often present on the Internet, people’s behavior may take the most socially undesirable forms, but desirable in the virtual world. The considerations in the paper are primarily theoretical. The descriptive method was used with elements of the conceptual analysis of surveillance capitalism in the context of dataism and post-truth. (shrink)

Modern payment cards encompass a bewildering array of consumer technologies, from credit and debit cards to stored-value and loyalty cards. But what unites all of these financial media is their connection to recordkeeping systems. Each swipe sends data hurtling through invisible infrastructures to verify accounts, record purchase details, exchange funds, and update balances. With payment cards, banks and merchants have been able to amass vast archives of transactional data. This information is a valuable asset in itself. It can be used (...) for in-house data analytics programs or sold as marketing intelligence to third parties. This research examines the development of payment cards in the United States from the late 19th century to present, drawing attention to their fundamental relationship to identification, recordkeeping, and data mining. The history of payment cards, I argue, is not just a history of financial innovation and computing; it is also a history of Big Data and consumer surveillance. This history, moreover, provides insight into the growth of transactional data and the datafication of money in the digital economy. (shrink)

Modern technologies are providing unprecedented opportunities for surveillance. In the workplace surveillance technology is being built into the very infrastructure of work. Can the employee legitimately resist this increasingly pervasive net of surveillance? The employers argue that workplace surveillance is essential for security, safety, and productivity in increasingly competitive markets. They argue that they have a right to ensure that they 'get what they pay for', furthermore, that the workplace is a place of 'work' which by (...) its very definition excludes the 'personal' dimension at the core of all privacy claims. Legal developments, especially in the USA, seem to favour such an interpretation. The individual's call for workplace privacy seems illegitimate in a context where the 'personal' is almost excluded by default. In this paper I want to argue that the private/public distinction is not useful in the context of workplace surveillance since it always seems possible to argue that the workplace is always and only 'public'---thereby leaving the employee without resources to defend their claim. Such a position belies the fact that the fundamental claim of workplace privacy is not a claim for some personal space as such but rather a claim for the protection against the inherently political interests in the 'gaze' of the employer. Furthermore, that it is probably impossible, in practice, to separate the public from the private in the flow of everyday work. Thus, it seems that one needs to develop another approach to think through the issues at stake. I will argue that the distribution of privacy rights and transparency rights is rather a matter of organisational justice. I will suggest that we may use theories of justice---in particular the work of Rawls---to develop a framework of distributive justice for distributing privacy and transparency between the collective and the individual in a way that is fair. I will contend that such an approach will provide the employee with resources to defend their legitimate claim to workplace privacy. (shrink)

Computers and new information technologies have greatly increased the power of surveillance by government and large corporate entities. The state is a repository of a growing array of data bases that provide it with information on its citizens. Corporations also now possess increasing power to accumulate information on potential consumers. This power to collect information is significant and can be instrumental in securing loans, insurance, and credit; increases the power of law enforcement agencies; makes possible surveillance of workers (...) and the workplace by managers; and provides information on consumer habits and preferences that can be useful to the marketing and promotion of consumer goods. The intensifying computerization of information raises important questions concerning privacy and individual rights in the current information revolution, such as: who collects what kind of information, what is done with this information, and what rights do individuals have concerning privacy and the circulation of information about them? (shrink)

Clients may feel trapped into sharing their private digital data with insurance companies to get a desired insurance product or premium. However, private insurance must collect some data to offer products and premiums appropriate to the client’s level of risk. This situation creates tension between the value of privacy and common insurance business practice. We argue for three main claims: first, coercion to share private data with insurers is pro tanto wrong because it violates the autonomous choice of a privacy-valuing (...) client. Second, we maintain that irrespective of being coerced, the choice of accepting digital surveillance by insurers makes it harder for the client to protect his or her autonomy. The violation of autonomy also makes coercing customers into digital surveillance pro tanto morally wrong. Third, having identified an economically plausible process involving no direct coercion by insurers, leading to the adoption of digital surveillance, we argue that such an outcome generates further threats against autonomy. This threat provides individuals with a pro tanto reason to prevent this process. We highlight the freedom dilemma faced by regulators who aim to prevent this outcome by constraining market freedoms and argue for the need for further moral and empirical research on this question. (shrink)

Fall prediction using machine learning has become one of the most fruitful and socially relevant applications of computer vision in gerontological research. Since its inception in the early 2000s, this subfield has proliferated into a robust body of research underpinned by various machine learning algorithms (including neural networks, support vector machines, and decision trees) as well as statistical modeling approaches (Markov chains, Gaussian mixture models, and hidden Markov models). Furthermore, some advancements have been translated into commercial and clinical practice, with (...) companies in various stages of development capitalizing on the aging population to develop new commercially available products. Yet despite the marvel of modern machine learning-enabled fall prediction, little research has been conducted to shed light on the security and privacy concerns that such systems pose for older adults. The present study employs an interdisciplinary lens in examining privacy issues associated with machine learning fall prediction and exploring the implications of these models in elderly care and the Internet of Medical Things (IoMT). Ultimately, a justice-informed set of best practices rooted in social geroscience is suggested to help fall prediction researchers and companies continue to advance the field while preserving elderly privacy and autonomy. (shrink)

Clicks, comments, transactions, and physical movements are being increasingly recorded and analyzed by Big Data processors who use this information to trace the sentiment and activities of markets and voters. While the benefits of Big Data have received considerable attention, it is the potential social costs of practices associated with Big Data that are of interest to us in this paper. Prior research has investigated the impact of Big Data on individual privacy rights, however, there is also growing recognition of (...) its capacity to be mobilized for surveillance purposes. Our paper delineates the underlying issues of privacy and surveillance and presents them as in tension with one another. We postulate that efforts at controlling Big Data may create a trade-off of risks rather than an overall improvement in data protection. We explore this idea in relation to the principles of the European Union’s General Data Protection Regulation as it arguably embodies the new ‘gold standard’ of cyber-laws. We posit that safeguards advocated by the law, anonymization and pseudonymization, while representing effective counter measures to privacy concerns, also incentivize the use, collection, and trade of behavioral and other forms of de-identified data. We consider the legal status of these ownerless forms of data, arguing that data protection techniques such as anonymization and pseudonymization raise significant concerns over the ownership of behavioral data and its potential use in the large-scale modification of activities and choices made both on and offline. (shrink)

By the early 2020s, emotional artificial intelligence will become increasingly present in everyday objects and practices such as assistants, cars, games, mobile phones, wearables, toys, marketing, insurance, policing, education and border controls. There is also keen interest in using these technologies to regulate and optimize the emotional experiences of spaces, such as workplaces, hospitals, prisons, classrooms, travel infrastructures, restaurants, retail and chain stores. Developers frequently claim that their applications do not identify people. Taking the claim at face value, this paper (...) asks, what are the privacy implications of emotional AI practices that do not identify individuals? To investigate privacy perspectives on soft non-identifying emotional AI, the paper draws upon the following: over 100 interviews with the emotion detection industry, legal community, policy-makers, regulators and NGOs interested in privacy; a workshop with stakeholders to design ethical codes for using data about emotions; a UK survey of 2068 citizens on feelings about emotion capture technologies. It finds a weak consensus among social stakeholders on the need for privacy, this driven by different interests and motivations. Given this weak consensus, it concludes that there exists a limited window of opportunity to societally agree principles of practice regarding privacy and the use of data about emotions. (shrink)

Throughout the 20th century, market capitalism was defended on parallel grounds. First, it promotes freedom by enabling individuals to exploit their own property and labor-power; second, it facilitates an efficient allocation and use of resources. Recently, however, both defenses have begun to unravel—as capitalism has moved into its “platform” phase. Today, the pursuit of allocative efficiency, bolstered by pervasive data surveillance, often undermines individual freedom rather than promoting it. And more fundamentally, the very idea that markets are necessary (...) to achieve allocative efficiency has come under strain. Even supposing, for argument’s sake, that the claim was true in the early 20th century when von Mises and Hayek pioneered it, advances in computing have rekindled the old “socialist calculation” debate. And this time around, markets—as information technology—are unlikely to have the upper hand. -/- All of this, we argue, raises an important set of governance questions regarding the political economy of the future. We focus on two: How much should our economic system prioritize freedom, and to what extent should it rely on markets? The arc of platform capitalism bends, increasingly, toward a system that neither prioritizes freedom nor relies on markets. And the dominant critical response, exemplified by Shoshana Zuboff’s work, has been to call for a restoration of market capitalism. Longer term, however, we believe it would be more productive to think about how “postmarket” economic arrangements might promote freedom—or better yet, autonomy—even more effectively than markets, and to determine the practical steps necessary to realize that possibility. (shrink)

Although universities have undergone changes since the dawn of their existence, the speed of change started to accelerate remarkably in the 1960s. Spectacular growth in the number of students and faculty was immediately followed by administrative reforms aimed at managing this growth and managing the demands of students for democratic reform and societal relevance. Since the 1980s, however, an entirely different wind has been blowing along the academic corridors. The fiscal crisis of the welfare states and the neoliberal course of (...) the Reagan and Thatcher governments made the battle against budget deficits and against government spending into a political priority. Education, together with social security and health care, were targeted directly. As the eighties went on, the neoliberal agenda became more radical—smaller state and bigger market—attacking the public sector itself through efforts to systematically reduce public expenditure by privatizing public services and introducing market incentives. At the same time the societal relevance of the universities demanded by critical students was turned on its head to become economic relevance to business and industry in the knowledge society. (shrink)

The amount of personal data now collected through contemporary marketing practices is indicative of the shifting landscape of contemporary capitalism. Loyalty programs can be seen as one exemplar of this, using the ‘add-ons’ of ‘points’ and ‘miles’ to entice consumers into divulging a range of personal information. These consumers are subject to surveillance practices that have digitally identified them as significant in the eyes of a corporation, yet they are also part of a feedback loop subject to ongoing analysis. (...) This paper focuses on this analysis as the ‘cultural circuit’ of loyalty programs—the ongoing process of meaning-making in this form of contemporary marketing—as exemplary of what Nigel Thrift calls “soft capitalism”( 1997, 2005 ). Loyalty programs engage consumers in an ongoing ‘relationship’ with a corporation, yet it is one predicated on the collection and analysis of personal data in order to identify, maintain and increase profits from these consumer ‘relationships.’ This paper looks at ways of knowing, application and revision in the cultural circuit of loyalty program marketing as a form of reflexive marketing and raises concerns about consumer subjectivity in the context consumer culture that mediates much of contemporary experience. These technologies and practices continually adapt and adjust to strategically act toward consumers as a form of consumer surveillance based on an increasingly intensive and nuanced knowledge of their behaviours. (shrink)

This article examines regulation’s understanding of technology in American financial markets as means for rethinking the contours and institutional limits of governance in the age of financialization. The article identifies how the Securities and Exchange Commission perceived markets and their conceptual relation to technology throughout much of the long twentieth century by distilling the “ontologies” expressed by the agency’s leadership. Despite the fact that SEC’s commissioners recognized technologies as playing a central role in the market’s current and future operations, (...) these were never effectively brought under regulatory scrutiny even when such action fell under the commission's jurisdictional remit. Rather than regulating technologies as constitutive of markets, the governance of the material devices of finance was discursively kept at arm's-length by presenting them as intractable objects that were external to financial innovation. Triangulating across several techniques of computational text analysis, this article shows how this interpretation of technology mirrored distinct shifts in how regulators understood markets, from being physical trading sites populated by agents that required vetting and certification to a distributed, multi-sited system surveilled through transparency and disclosure. Throughout these ontological transitions, technology’s inscrutability remained, limiting the capacity of the state and its regulatory agencies to shape the evolution of finance and its underlying infrastructures. (shrink)

Increasing pharmaceutical industry presence in health care research and practice has evoked critical social, political, economic, and ethical questions and concern among health care providers, ethicists, economists, and the general citizenry. The case example presented of the ‘marketization’ of nursing practice not only reveals the magnitude of the purview of the pharmaceutical industry, it demonstrates how that industry imparts effect upon the organization of nursing work, an area of health care professional practice where the ethical polemic of pharmaceutical industry involvement (...) and influence has been largely ignored, and the profession of nursing conspicuously silent. Drawing on a Foucauldian dispositive analysis that troubled the complex apparatus responsible for the production of knowledge and action in the neurology subspecialty of multiple sclerosis (MS), the case discloses how the pharmaceutical industry has created compliance and adherence as clinical imperatives in the practice of MS nursing. The case makes explicit the conscious transformative self‐action undertaken by MS nurses as a result of their subjectivation (marketization) and demonstrates how MS nurses have become pawns in pharmaceutical industry strategic games of power, truth, identity, and wealth creation by turning their clinical practice settings into heterodiscursive spaces of surveillance and persuasion. MS nurses have become instruments of the pharmaceutical industry, and their clinical practices ordered, organized, limited, constrained, and marketized as a result. (shrink)

We develop a framework for assessing security market quality, relating five elements of market design to three metrics of market integrity and two metrics of market efficiency. We empirically implement this integrity–efficiency MQ framework by testing a hypothesis that trade-based ramping manipulation at the close raises execution costs on 24 security markets worldwide. Estimating a simultaneous equations model of ramping incidence, spreads, and the probability of deploying real-time surveillance, we show that quoted bid-ask spreads are (...) positively related to the incidence of MTC across seven liquidity deciles. The magnitude is economically significant; improving market integrity by cutting MTC in half reduces spreads 6–11 %. Allowing direct market access in conjunction with RTS, conducting auctions at the close, and developing regulations that require surveillance, all reduce MTC and thereby lower spreads, assuring better market integrity and enhancing market efficiency. Introducing circuit breakers or prohibiting shorts poses integrity–efficiency tradeoffs. (shrink)

El gran edificio de la moral kantiana, construido sobre una sólida concepción de la naturaleza de lo ético, deja con todo un margen a la perplejidad: no acaba de convencer. Estudiadas las líneas maestras de su arquitectónica, la investigación que busca hallar la raíz de esta insatisfacción, termina por centrarse en el concepto kantiano de "razón práctica". En él se descubre el uso del modelo jurídico, que tiene como consecuencia una concepción de la ley moral que encaja más en el (...) orden del derecho que en el ético. (shrink)

This article is devoted to examine two theories on the origin of cognition. The first of them is a neurobiological theory by de authors V. Mountcastle and J. Hawkins working separately. The second one is a theory from the Cognitive Psychology by D. Gentner. It is interesting to check that exists a strong congruence between both of them despite they have absolutely different methodologies. Two different ways lead to postulate the analogy and their mechanisms as the main element of cognition. (...) The present article gives reasons for embracing the analogy as being the main cause of the origin of knowledge in the infant. Besides, it explains why language is the main cause of adult human intelligence and it also denies the need of existence of any innate lexicon or vocabulary. (shrink)

The article analizes the several times of Proclus‘s reception by Nicholas of Cusa’s thought. The direct reading of Proclus can be established because Expositio in Parmenidem Platonis –Cod.Cus. 186– and Elementatio theological –Cod.Cus.195– (Moerbeke’s translation) and De theologia Platonis Libri VI –Cod.Cus.185– (Petrus Balbus’s translation) are in his Library in Bernkastel-Kues with his marginalia. The assimilation of doctrines can be considered assuming that the implicits and explicits references to Plato’s Diadochus, especially in the last works.

El autor intenta hacer comprensible cómo el punto de partida de Fichte, siendo de originaria y sincera filiación kantiana, ocultaba in nuce una ruptura -ni intencional ni deseada, peroinevitable- con el criticismo. Primero, se recuerda la temprana desviación fichteana de importantes tesis kantianas, queeran incompatibles con su atención al Yo (no al Yo pienso), y que ya le planteaban el problema del acceso a su ser. Posteriormente, se emprende una deducción transcendental ontológica del acceso al Yo, que puede esclarecer exposiciones (...) más tardías (especialmente de la Doctrina de la Ciencia de 1805). Como conclusión, se interpreta la tarea de Fichte como el intento fundamental de volver al problema del ser, mas bajo su única forma posible: la del Yo. (shrink)

Se editan los textos centrales de la conferencia pronunciada en 1860 por K. E. y. Baer, según la rara edición que hizo de la misma en ¡862. Su mostración imaginativa de lo diferente que sería nuestra representación de la realidad natural con el USO de otros cánones espacio-temporales, puede volver a interesar hoy, sobre todo, al llamado Constructivismo,Zentrale Texte des Vortrages von 1860, den It E. y. Baer lii Petesbrug hielt, nach der seltenen Ausgabe von 1862, sowie ibre spanische Ubersetzung (...) sind hier herausgegeben. Seine imaginative Darstellung der ganz verschiedenen Auffasung der Natur nach der Veránderung des Raum-Zeit-Mai3stabes gelten jinmer noch als Anregung ciner fruchtbaren Reflexion, tiberhaupt in Zeiten des sogenannten Konstruktivismus. (shrink)

In the article examines the international experience in organization and legal support market surveillance, the current status and approaches to reform this sector in Ukraine in accordance with WTO requirements and EU, measures to improve it are founded.

The history of drug/vaccine development has included major advances guided primarily by risk/benefit analyses concerning the innovative agent, not by evidence-based clinical trials (Phase I–IV). Because the approval for new drugs is hindered under the present process, the system requires restructuring. The Phase I/II study period should be more flexible, using the “environment of knowledge” about the new agent, plus risk/benefit assessments. Phase III, as presently constructed, does not add new adverse events data, it provides a narrower profile of drug (...) efficacy than properly done Phase II studies, and placebo-controlled trials continue to raise unresolved ethical and social issues. Phase III studies should be abandoned for most drugs, and substituted with properly powered Phase II doseranging studies plus careful post-marketing surveillance. Phase III should be a penalty for poor drug development, not a regulatory requirement. (shrink)