This paper argues that regulatory agencies have a responsibility to further the public interest when they determine the conditions under which new technological products may be commercialized. As a case study, this paper analyzes the US 9th Circuit Court’s ruling on the efforts of the US Environmental Protection Agency to regulate an herbicide meant for use with seed that are genetically modified to be tolerant of the chemical. Using that case, it is argued that when regulatory agencies evaluate new technological (...) products, they have an obligation to draw on data, analyses, and evaluations from a variety of credible epistemic sources, and not rely solely or even primarily on the technology developer. Otherwise, they create conditions for their own domination and that of the polity by the technology developer. Moreover, in the interest of advancing the public interest, regulatory agencies must evaluate new technologies in a substantively and procedurally unbiased manner. (shrink)

Having been involved in a slew of recent scandals, many of the world’s largest technology companies embarked on devising numerous codes of ethics, intended to promote improved standards in the conduct of their business. These efforts have attracted largely critical interdisciplinary academic attention. The critics have identified the voluntary character of the industry ethics codes as among the main obstacles to their efficacy. This is because individual industry leaders and employees, flawed human beings that they are, cannot be relied on (...) voluntarily to conform with what justice demands, especially when faced with powerful incentives to pursue their own self-interest instead. Consequently, the critics have recommended a suite of laws and regulations to force the tech companies to better comply with the requirements of justice. At the same time, they have paid little attention to the possibility that individuals acting within the political context, e.g. as lawmakers and regulators, are also imperfect and need not be wholly compliant with what justice demands. This paper argues that such an omission is far from trivial. It creates a heavy argumentative burden on the part of the critics that they by and large fail to discharge. As a result, the case for Big Tech regulation that emerges from the recent literature has substantial lacunae and more work needs to be done before we can accept the critics’ calls for greater state involvement in the industry. (shrink)

Data-driven technologies have come to pervade almost every aspect of business life, extending to employee monitoring and algorithmic management. How can employee privacy be protected in the age of datafication? This article surveys the potential and shortcomings of a number of legal and technical solutions to show the advantages of human rights-based approaches in addressing corporate responsibility to respect privacy and strengthen human agency. Based on this notion, we develop a process-oriented model of Privacy Due Diligence to complement existing frameworks (...) for safeguarding employee privacy in an era of Big Data surveillance. (shrink)