Though rapid collection of big data is ubiquitous across domains, from industry settings to academic contexts, the ethics of big data collection and research are contested. A nexus of data ethics issues is the concept of creep, or repurposing of data for other applications or research beyond the conditions of original collection. Data creep has proven controversial and has prompted concerns about the scope of ethical oversight. Institutional review boards offer little guidance regarding big data, and problematic research can still (...) meet ethical standards. While ethics seem concrete through institutional deployment, I frame ethics as produced. Informed by my ethnographic research at a large public university in the U.S., I explore ethics through two models: ethics as institutional procedures and ethics as acts and intentions. The university where I conducted fieldwork is the development grounds for a predictive model that uses student data to anticipate academic success. While students consent to data collection, the circumstances of consent and the degree to which they are informed are not so apparent, as many data are a product of creep. Drawing from interviews and participant observation with administrators, data scientists, developers, and students, I examine data ethics, from a larger institutional model to everyday enactments related to data creep. After demonstrating the limits of such models, I propose a remodeling of ethics that draws on recent works on data, justice, and refusal to pose generative questions for rethinking ethics in institutional contexts. (shrink)

The increasing availability of digital data reflecting economic and human development, and in particular the availability of data emitted as a by-product of people’s use of technological devices and services, has both political and practical implications for the way people are seen and treated by the state and by the private sector. Yet the data revolution is so far primarily a technical one: the power of data to sort, categorise and intervene has not yet been explicitly connected to a social (...) justice agenda by the agencies and authorities involved. Meanwhile, although data-driven discrimination is advancing at a similar pace to data processing technologies, awareness and mechanisms for combating it are not. This paper posits that just as an idea of justice is needed in order to establish the rule of law, an idea of data justice – fairness in the way people are made visible, represented and treated as a result of their production of digital data – is necessary to determine ethical paths through a datafying world. Bringing together the emerging scholarly perspectives on this topic, I propose three pillars as the basis of a notion of international data justice: visibility, engagement with technology and antidiscrimination. These pillars integrate positive with negative rights and freedoms, and by doing so challenge both the basis of current data protection regulations and the growing assumption that being visible through the data we emit is part of the contemporary social contract. (shrink)

This paper explores, through empirical research, how values, engineering practices, and technological design decisions shape one another in the development of privacy technologies. We propose the concept of “privacy worlds” to explore the values and design practices of the engineers of one of the world’s most notable privacy technologies: the Tor network. By following Tor’s design and development we show a privacy world emerging—one centered on a construction of privacy understood through the topology of structural power in the Internet backbone. (...) This central “cipher” discourse renders privacy as a problem that can be “solved” through engineering, allowing the translation and representation of different groups of imagined users, adversaries, and technical aspects of the Internet in the language of the system. It also stabilizes a “flattened,” neutralized conception of privacy, risking stripping it of its political and cultural depth. We argue for an enriched empirical focus on design practices in privacy technologies, both as sites where values and material power are shaped, and as a place where the various worlds that will go on to cluster around them—of users, maintainers, and others—are imagined and reconciled. (shrink)

There is an abundance of enthusiasm and optimism about how governments at all levels can make use of big data, algorithms and artificial intelligence. There is also growing concern about the risks that come with these new systems. This article makes the case for greater government transparency and accountability about uses of big data through a Government of Canada qualitative research case study. Adapting a method from critical cartographers, I employ counter-mapping to map government big data practices and internal discussions (...) of risk and challenge. I do so by drawing on interviews and freedom of information requests. The analysis reveals that there are more concerns and risks than often publicly discussed and that there are significant areas of silence that need greater attention. The article underlines the need for our democratic systems to respond to our new datafied contexts by ensuring that our institutions make changes to better protect citizen rights, uphold democratic principles and ensure means for citizen intervention. (shrink)

Purpose The proliferation of surveillance-enhancing laws, policies and technologies across African countries deepens the risk of privacy rights breaches, as well as the risks of adverse profiling and social sorting. There is a heightened need for dedicated advocacy and activism to consistently demand accountability and transparency from African states, governments and their allies regarding surveillance. The purpose of this paper is to understand the issue frames that accompany anti-surveillance and privacy advocacy in Ghana and the related implications. Design/methodology/approach Using a (...) qualitative and interpretivist approach, the author focuses on three different surveillance-oriented incidents/programs in Ghana and analyzes the frames underpinning the related advocacy and narratives of various non-state actors. Findings Privacy and anti-surveillance advocacy in Ghana tends to be less framed in the context of privacy rights and is more driven by concerns about corruption and value for money. Such pecuniary emphasis is rational per issue salience calculations as it elevates principles of economic probity, transparency and accountability and pursues a high public shock value and resonance. Practical implications Economics-centered critiques of surveillance could be counterproductive as they create a low bar for surveillance promoters and sustains a culture of permissible statist intrusions into citizens’ lives once economic virtues are satisfied. Originality/value While anti-surveillance and privacy advocacy is budding across African countries, little is known about its nature, frames and modus compared to such advocacy in European and North American settings. To the best of the author’s knowledge, this is likely the first paper or one of the first dedicated fully to anti-surveillance and advocacy in Africa. (shrink)

The potential for biases being built into algorithms has been known for some time, yet literature has only recently demonstrated the ways algorithmic profiling can result in social sorting and harm marginalised groups. We contend that with increased algorithmic complexity, biases will become more sophisticated and difficult to identify, control for, or contest. Our argument has four steps: first, we show how harnessing algorithms means that data gathered at a particular place and time relating to specific persons, can be used (...) to build group models applied in different contexts to different persons. Thus, privacy and data protection rights, with their focus on individuals, do not protect from the discriminatory potential of algorithmic profiling. Second, we explore the idea that anti-discrimination regulation may be more promising, but acknowledge limitations. Third, we argue that in order to harness anti-discrimination regulation, it needs to confront emergent forms of discrimination or risk creating new invisibilities, including invisibility from existing safeguards. Finally, we outline suggestions to address emergent forms of discrimination and exclusionary invisibilities via intersectional and post-colonial analysis. (shrink)

While many forms of data-driven surveillance are now a ‘fact’ of contemporary life amidst datafication, obtaining concrete knowledge of how different institutions exploit data presents an ongoing challenge, requiring the expertise and power to untangle increasingly complex and opaque technological and institutional arrangements. The how and why of potential surveillance are thus wrapped in a form of continuously produced uncertainty. How then, do affected groups and individuals determine how to counter the threats and harms of surveillance? Responding to an interdisciplinary (...) concern with agency amidst datafication, this article explores what I term ‘anticipatory data practices’ – future-oriented practices which provide a concrete anchor and a heuristic for action amidst the persistent uncertainties of life with data. This article traces how anticipatory data practices have emerged within civil society practices concerned with countering the harms of surveillance and data exploitation. The mixed-method empirical analysis of this article draws from 50 interviews with digital security educators and technology developers; participant observation at 12 civil society events between 2016 and 2019 and the textual analysis of 100 security manuals produced by NGOs and grassroots groups. (shrink)

How a social science of big data would look like? In this article, we exemplify such a social science through a number of cases. We start our discussion with the epistemic qualities of big data. We point out to the fact that contrary to the big data champions, big data is neither new nor a miracle without any error nor reliable and rigorous as assumed by its cheer leaders. Secondly, we identify three types of big data: natural big data, artificial (...) big data and human big data. We present and discuss in what ways they are similar and in what other ways they differ. The assumption of a homogenous big data in fact misleads the relevant discussions. Thirdly, we extended 3 Vs of the big data and add veracity with reference to other researchers and violability which is the current author’s proposal. We explain why the trinity of Vs is insufficient to characterize big data. Instead, a quintinity is proposed. Fourthly, we develop an economic analogy to discuss the notions of data production, data consumption, data colonialism, data activism, data revolution, etc. In this context, undertaking a Marxist approach, we explain what we mean by data fetishism. Fifthly, we reflect on the implications of growing up with big data, offering a new research area which is called as developmental psychology of big data. Finally, we sketch data resistance and the newly proposed notion of omniresistance, i.e. resisting anywhere at any occasion against the big brother watching us anywhere and everywhere. (shrink)

The article examines the construction of “Big Data” in media discourse. Rather than asking what Big Data really is or is not, it deals with the discursive work that goes into making Big Data a socially relevant phenomenon and problem in the first place. It starts from the idea that in modern societies the public understanding of technology is largely driven by a media-based discourse, which is a key arena for circulating collectively shared meanings. This largely ignored dimension invites us (...) to appreciate what matters to journalists and the wider public when discussing the collection and use of data. To this end, our study looks at how Big Data is framed in terms of the governmental use of large datasets as a contentious area of data application. It reconstructs the perspectives surrounding the so-called “Handygate” affair in Germany based on broadcast news and social media conversations. In this incident, state authorities collected and analyzed mobile phone data through a radio cell query during events to commemorate the Dresden bombing in February 2011. We employ a qualitative discourse analysis that allows us to reconstruct the conceptualizations of Big Data as a proper instrument for criminal prosecution or an unjustified infringement of constitutional rights. (shrink)

Biometric identity systems are now a prominent feature of contemporary law enforcement, including in Europe. Often advanced on the premise of efficiency and accuracy, they have also been the subject of significant controversy. Much attention has focussed on longer-standing biometric data collection, such as finger-printing and facial recognition, foregrounding concerns with the impact such technologies can have on the nature of policing and fundamental human rights. Less researched is the growing use of voice recognition in law enforcement. This paper examines (...) the case of the recent Speaker Identification Integrated Project, a European wide initiative to create the first international and interoperable database of voice biometrics, now the third largest biometric database at Interpol. Drawing on Freedom of Information requests, interviews and public documentation, we outline the emergence and features of SiiP and explore how voice is recognised and attributed meaning. We understand Speaker Identification Integrated Project as constituting a particular ‘regime of recognition’ premised on the use of soft biometrics to disembed voice in order to optimise for difference. This, in turn, has implications for the nature and scope of law enforcement, people's position in society, and justice concerns more broadly. (shrink)

Purpose This study advances a reconceptualization of data and information which overcomes normative understandings often contained in data policies at national and international levels. This study aims to propose a conceptual framework that moves beyond subject- and collective-centric normative understandings. Design/methodology/approach To do so, this study discusses the European Union (EU) and China’s approaches to data-driven technologies highlighting their similarities and differences when it comes to the vision underpinning how tech innovation is shaped. Findings Regardless of the different attention to (...) the subject (the EU) and the collective (China), the normative understandings of technology by both actors remain trapped into a positivist approach that overlooks all that is not and cannot be turned into data, thus hindering the elaboration of a more holistic ecological thinking merging humans and technologies. Originality/value Revising the philosophical and political debate on data and data-driven technologies, a third way is elaborated, i.e. federated data as commons. This third way puts the subject as part by default of a collective at the centre of discussion. This framing can serve as the basis for elaborating sociotechnical alternatives when it comes to define and regulate the mash-up of humans and technology. (shrink)

The Snowden revelations in 2013 redrew the lines of debate surrounding surveillance, exposing the extent of state surveillance across multiple nations and triggering legislative reform in many. In the UK, this was in the form of the Investigatory Powers Act. As a contribution to understanding resistance to expanding state surveillance activities, this article reveals the intertwining of diverse interests and voices which speak in opposition to UK state surveillance. Through a computational topic modelling-based mixed methods analysis of the submissions made (...) to the draft Investigatory Powers Bill consultation, the article demonstrates the diversity and intersection of discourses within different actor groups, including civil society and the technology industry. We demonstrate that encryption is a key issue for these groups, and is additionally conflated with a human rights discourse. This serves to unite seemingly disparate interests by imbuing encryption with a responsibility for the protection of human rights, but also threatens to legitimate corporate interests and distract from their own data-driven activities of surveillance capitalism. (shrink)