In her BBC Reith Lectures on Trust, Onora O’Neill offers a short, but biting, criticism of transparency. People think that trust and transparency go together but in reality, says O'Neill, they are deeply opposed. Transparency forces people to conceal their actual reasons for action and invent different ones for public consumption. Transparency forces deception. I work out the details of her argument and worsen her conclusion. I focus on public transparency – that is, transparency to the public over expert domains. (...) I offer two versions of the criticism. First, the epistemic intrusion argument: The drive to transparency forces experts to explain their reasoning to non-experts. But expert reasons are, by their nature, often inaccessible to non-experts. So the demand for transparency can pressure experts to act only in those ways for which they can offer public justification. Second, the intimate reasons argument: In many cases of practical deliberation, the relevant reasons are intimate to a community and not easily explicable to those who lack a particular shared background. The demand for transparency, then, pressures community members to abandon the special understanding and sensitivity that arises from their particular experiences. Transparency, it turns out, is a form of surveillance. By forcing reasoning into the explicit and public sphere, transparency roots out corruption — but it also inhibits the full application of expert skill, sensitivity, and subtle shared understandings. The difficulty here arises from the basic fact that human knowledge vastly outstrips any individual’s capacities. We all depend on experts, which makes us vulnerable to their biases and corruption. But if we try to wholly secure our trust — if we leash groups of experts to pursuing only the goals and taking only the actions that can be justified to the non-expert public — then we will undermine their expertise. We need both trust and transparency, but they are in essential tension. This is a deep practical dilemma; it admits of no neat resolution, but only painful compromise. (shrink)

Despite recent growth in surveillance capabilities there has been little discussion regarding the ethics of surveillance. Much of the research that has been carried out has tended to lack a coherent structure or fails to address key concerns. I argue that the just war tradition should be used as an ethical framework which is applicable to surveillance, providing the questions which should be asked of any surveillance operation. In this manner, when considering whether to employ (...) class='Hi'>surveillance, one should take into account the reason for the surveillance, the authority of the surveillant, whether or not there has been a declaration of intent, whether surveillance is an act of last resort, what is the likelihood of success of the operation and whether surveillance is a proportionate response. Once underway, the methods of surveillance should be proportionate to the occasion and seek to target appropriate people while limiting surveillance of those deemed inappropriate. By drawing on the just war tradition, ethical questions regarding surveillance can draw on a long and considered discourse while gaining a framework which, I argue, raises all the key concerns and misses none. (shrink)

Mass surveillance is a more real threat now than at any time in history. Digital communications and automated systems allow for the collection and processing of private information at a scale never seen before. Many argue that mass surveillance entails a significant loss of privacy. Others dispute that there is a loss of privacy if the information is only encountered by automated systems.This paper argues that automated mass surveillance does not involve a significant loss of privacy. Through (...) providing a definition of informational privacy as a matter of actual access of private information by one who can understand the meaning of that information, it follows that automated systems which lack understanding cannot of themselves diminish privacy. This is not to say that mass surveillance is unproblematic, though - it is deeply problematic. It is just that privacy is not the most significant of these problems. (shrink)

There is a long-running debate as to whether privacy is a matter of control or access. This has become more important following revelations made by Edward Snowden in 2013 regarding the collection of vast swathes of data from the Internet by signals intelligence agencies such as NSA and GCHQ. The nature of this collection is such that if the control account is correct then there has been a significant invasion of people's privacy. If, though, the access account is correct then (...) there has not been an invasion of privacy on the scale suggested by the control account. I argue that the control account of privacy is mistaken. However, the consequences of this are not that the seizing control of personal information is unproblematic. I argue that the control account, while mistaken, seems plausible for two reasons. The first is that a loss of control over my information entails harm to the rights and interests that privacy protects. The second is that a loss of control over my information increases the risk that my information will be accessed and that my privacy will be violated. Seizing control of another's information is therefore harmful, even though it may not entail a violation of privacy. Indeed, seizing control of another's information may be more harmful than actually violating their privacy. (shrink)

The Snowden revelations about National Security Agency surveillance, starting in 2013, along with the ambiguous complicity of internet companies and the international controversies that followed provide a perfect segue into contemporary conundrums of surveillance and Big Data. Attention has shifted from late C20th information technologies and networks to a C21st focus on data, currently crystallized in “Big Data.” Big Data intensifies certain surveillance trends associated with information technology and networks, and is thus implicated in fresh but fluid (...) configurations. This is considered in three main ways: One, the capacities of Big Data intensify surveillance by expanding interconnected datasets and analytical tools. Existing dynamics of influence, risk-management, and control increase their speed and scope through new techniques, especially predictive analytics. Two, while Big Data appears to be about size, qualitative change in surveillance practices is also perceptible, accenting consequences. Important trends persist – the control motif, faith in technology, public-private synergies, and user-involvement – but the future-orientation increasingly severs surveillance from history and memory and the quest for pattern-discovery is used to justify unprecedented access to data. Three, the ethical turn becomes more urgent as a mode of critique. Modernity's predilection for certain definitions of privacy betrays the subjects of surveillance who, so far from conforming to the abstract, disembodied image of both computing and legal practices, are engaged and embodied users-in-relation whose activities both fuel and foreclose surveillance. (shrink)

Some of the world's most powerful corporations practise what Shoshana Zuboff (2015; 2019) calls ‘surveillance capitalism’. The core of their business is harvesting, analysing and selling data about the people who use their products. In Zuboff's view, the first corporation to engage in surveillance capitalism was Google, followed by Facebook; recently, firms such as Microsoft and Amazon have pivoted towards such a model. In this paper, I suggest that Karl Marx's analysis of the relations between industrial capitalists and (...) workers is closely analogous to the relations between surveillance capitalists and users. Furthermore, three problematic aspects of industrial capitalism that Marx describes – alienation, exploitation and accumulation – are also aspects, in new forms, of surveillance capitalism. I draw heavily on Zuboff's work to make these parallels. However, my Marx-inspired account of surveillance capitalism differs from hers over the nature of the exchange between users and surveillance capitalists. For Zuboff, this is akin either to robbery or the gathering of raw materials; on the Marx-inspired account it is a voluntary sale. This difference has important implications for the question of how to resist surveillance capitalism. -/- Joint winner of the 2020 Philosophy essay prize. (shrink)

_The Ethics of Surveillance: An Introduction_ systematically and comprehensively examines the ethical issues surrounding the concept of surveillance. Addressing important questions such as: Is it ever acceptable to spy on one's allies? To what degree should the state be able to intrude into its citizens' private lives in the name of security? Can corporate espionage ever be justified? What are the ethical issues surrounding big data? How far should a journalist go in pursuing information? Is it reasonable to (...) expect a degree of privacy in public? Is it ever justifiable for a parent to read a child’s diary? Featuring case studies throughout this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, ethics of technology, privacy, security studies, politics, journalism and human geography. (shrink)

Arbitrary state and corporate powers are helping to turn the Internet into a global surveillance dragnet. Responses to this novel form of power have been tepid and ineffective. Liberal critiques of surveillance are constrained by their focus on privacy, security and the underlying presupposition that freedom consists only of freedom from interference. By contrast, Foucauldian critiques rejecting liberalism have been well rewarded analytically, but have proven incapable of addressing normative questions regarding the relationship between surveillance and freedom. (...) Quite apart from these debates, neorepublicans have excavated a third concept of freedom, understood as non-domination. Could neorepublicanism overcome the limitations of liberal and Foucauldian critiques of surveillance? We argue, positively, that neorepublicanism can accommodate much of the Foucauldian analyses while also incorporating a normative critique of surveillance vis-à-vis freedom. We further argue, negatively, that surveillance power has outstripped the capacities of traditional republican institutional responses to domination. We conclude by considering ways in which neorepublicanism can be recalibrated to address the novelty of surveillance power while adhering to the ideal of non-domination. Two ways of addressing the problem are proposed: an offensive, dedicated surveillance antipower and a defensive republican amplification of privacy. (shrink)

Recent advances in wireless technologies have led to the development of intelligent, in-vehicle safety applications designed to share information about the actions of nearby vehicles, potential road hazards, and ultimately predict dangerous scenarios or imminent collisions. These vehicle safety communication (VSC) technologies rely on the creation of autonomous, self-organizing, wireless communication networks connecting vehicles with roadside infrastructure and with each other. As the technical standards and communication protocols for VSC technologies are still being developed, certain ethical implications of these new (...) information technologies emerge: Coupled with the predicted safety benefits of VSC applications is a potential rise in the ability to surveil a driver engaging in her everyday activities on the public roads. This paper will explore how the introduction of VSC technologies might disrupt the “contextual integrity” of personal information flows in the context of highway travel and threaten one’s “privacy in public.” Since VSC technologies and their related protocols and standards are still in the developmental stage, the paper will conclude by revealing how close attention to the ethical implications of the remaining design decisions can inform and guide designers of VSC technologies to create innovate safety applications that increase public safety, but without compromising the value of one’s privacy in public. (shrink)

The Ethics of Surveillance: An Introduction systematically and comprehensively examines the ethical issues surrounding the concept of surveillance. Addressing important questions such as: Is it ever acceptable to spy on one's allies? To what degree should the state be able to intrude into its citizens' private lives in the name of security? Can corporate espionage ever be justified? What are the ethical issues surrounding big data? How far should a journalist go in pursuing information? Is it reasonable to (...) expect a degree of privacy in public? Is it ever justifiable for a parent to read a child’s diary? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, ethics of technology, privacy, security studies, politics, journalism and human geography. (shrink)

In Europe, telecare is the use of remote monitoring technology to enable vulnerable people to live independently in their own homes. The technology includes electronic tags and sensors that transmit information about the user's location and patterns of behavior in the user's home to an external hub, where it can trigger an intervention in an emergency. Telecare users in the United Kingdom sometimes report their unease about being monitored by a ?Big Brother,? and the same kind of electronic tags that (...) alert telecare hubs to the movements of someone with dementia who is ?wandering? are worn by terrorist suspects who have been placed under house arrest. For these and other reasons, such as ordinary privacy concerns, telecare is sometimes regarded as an objectionable extension of a ?surveillance state.? In this article, we defend the use of telecare against the charge that it is Orwellian. In the United States, the conception of telecare primarily as telemedicine, and the fact that it is not typically a government responsibility, make a supposed connection with a surveillance state even more doubtful than in Europe. The main objection, we argue, to telecare is not its intrusiveness, but the danger of its deepening the isolation of those who use it. There are ways of organizing telecare so that the independence and privacy of users are enhanced, but personal isolation may be harder to address. As telecare is a means of reducing the cost of publicly provided social and health care, and the need to reduce public spending is growing, the correlative problem of isolation must be addressed alongside the goal of promoting independence. (shrink)

Debates about effective responses to the COVID-19 pandemic have emphasized the paramount importance of digital tracing technology in suppressing the disease. So far, discussions about the ethics of this technology have focused on privacy concerns, efficacy, and uptake. However, important issues regarding power imbalances and vulnerability also warrant attention. As demonstrated in other forms of digital surveillance, vulnerable subpopulations pay a higher price for surveillance measures. There is reason to worry that some types of COVID-19 technology might lead (...) to the employment of disproportionate profiling, policing, and criminalization of marginalized groups. It is, thus, of crucial importance to interrogate vulnerability in COVID-19 apps and ensure that the development, implementation, and data use of this surveillance technology avoids exacerbating vulnerability and the risk of harm to surveilled subpopulations, while maintaining the benefits of data collection across the whole population. This paper outlines the major challenges and a set of values that should be taken into account when implementing disease surveillance technology in the pandemic response. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops (...) a critique of surveillance that focuses on the question of political power in the public sphere. (shrink)

This book is based on the premise that the trade-off between privacy and security is both unsound and con-ceals important aspects of surveillance and control. Accordingly, the authors analyse the symbiotic relati-onship between liberty and security, and the emptiness of both concepts when considered in isolation. They explore and contextualise different notions of risk, surveillance practices and the value of the rights to pri-vate life and data protection. Thereby, they show that surveillance and control neither necessarily attain (...) security, nor always pose a threat to privacy and, conversely, that protecting privacy does not necessarily hamper security provision. Moreover, they argue that surveillance and control, mediated through technolo-gy, express and sustain specific power relationships. The book offers a kaleidoscope of perspectives, ranging from critical studies to international relations, law, philosophy and sociology, to rethink surveillance and control. (shrink)

An introduction to the ethical issues of surveillance in the Internet Encyclopedia of Philosophy.

This paper is the result of the EMERGING ICT FOR CITIZEN VEILLANCE-workshop organized by the JRC, Ispra, Italy, March 2014. The aim of this paper is to explore how the subject participates in surveillance situations with a particular focus on how users experience everyday tracking technologies and practices. Its theoretical points of departure stem from Surveillance Studies in general and notions of participatory surveillance and empowering exhibitionism :199–215, 2004) in particular. We apply these theoretical notions on smartphones (...) and its users to investigate the combination of participation and surveillance. Empirically, the paper uses interviews held with urban nightlife visitors to uncover practices of smartphone use. This qualitative and explorative study contributes to the concept of participatory surveillance by discussing to what extent smartphone-users’ actions and motivations can be seen as forms of surveillance and how that influences these actors in a public space. We finish by setting out directions for studying mobile technologies of the self. (shrink)

Purpose This paper aims to present results of a study that focused on the question of how computer and data experts think about Internet and social media surveillance after Edward Snowden’s revelations about the existence of mass-surveillance systems of the Internet such as Prism, XKeyscore and Tempora. Computer and data experts’ views are of particular relevance because they are confronted day by day with questions about the processing of personal data, privacy and data protection. Design/methodology/approach The authors conducted (...) two focus groups with a total of ten experts based in London. As London is considered by some as the surveillance capital of the world, and has a thriving Internet industry, it provided a well-suited context. Findings The focus group discussions featured three topics that are of crucial importance for understanding Internet and social media surveillance: the political economy surveillance in general; surveillance in the context of the Snowden revelations; and the question what the best political reactions are to the existence of a surveillance-industrial complex that results in political and economic control of the Internet and social media. The focus groups provided indications that computer and data experts are pre-eminently informed on how Internet surveillance works, are capable of critically assessing its implications for society and have ideas about on what should be done politically. Originality/value Studies of privacy and surveillance after Edward Snowden’s revelations have taken on a new dimension: Large-scale covert surveillance is conducted in a collaborative endeavour of secret services, private communications corporations and security companies. It has become evident that a surveillance-industrial Internet surveillance complex exists, in which capitalist communications and security corporations and state institutions collaborate. (shrink)

The Internet of Things 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 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. 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)

This book presents a comprehensive theory of the ethics and political philosophy of public health surveillance based on reciprocal obligations among surveillers, those under surveillance, and others potentially affected by surveillance practices. Public health surveillance aims to identify emerging health trends, population health trends, treatment efficacy, and methods of health promotion--all apparently laudatory goals. Nonetheless, as with anti-terrorism surveillance, public health surveillance raises complex questions about privacy, political liberty, and justice both of and in (...) data use. Individuals and groups can be chilled in their personal lives, stigmatized or threatened, and used for the benefit of others when health information is wrongfully collected or used. Transparency and openness about data use, public involvement in decisions, and just distribution of the benefits of surveillance are core elements in the justification of surveillance practices. Understanding health surveillance practices, the concerns it raises, and how to respond to them is critical not only to ethical and trustworthy but also to publicly acceptable and ultimately sustainable surveillance practices. The book is of interest to scholars and practitioners of the ethics and politics of public health, bioethics, privacy and data technology, and health policy. These issues are ever more pressing in pandemic times, where misinformation can travel quickly and suspicions about disease spread, treatment efficacy, and vaccine safety can have devastating public health effects. (shrink)

The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on (...) the causes of erroneous convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion. (shrink)

Syndromic surveillance uses new ways of gathering data to identify possible disease outbreaks. Because syndromic surveillance can be implemented to detect patterns before diseases are even identified, it poses novel problems for informed consent, patient privacy and confidentiality, and risks of stigmatization. This paper analyzes these ethical issues from the viewpoint of the patient as victim and vector. It concludes by pointing out that the new International Health Regulations fail to take full account of the ethical challenges raised (...) by syndromic surveillance. (shrink)

In this article I consider how our experiences of bodily privacy are changing in the contemporary surveillance society. I use biometric technologies as a lens for tracking the changing relationships between the body and privacy. Adopting a broader genealogical perspective, I retrace the role of the body in the constitution of the modern liberal political subject. I consider two different understandings of the subject, the Foucauldian political subject, and the Lacanian psychoanalytic subject. The psychoanalytic perspective serves to appraise the (...) importance of hiding for the subject effects of excessive exposure to the Other’s gaze. I conclude to the importance of the subject’s being able to hide, even when it has nothing to hide. By considering these two facets of subjectivity, political and psychic, I hope to make sense of our enduring and deeply political passionate attachment to privacy. (shrink)

Humans pay close attention to the reputational consequences of their actions. Recent experiments indicate that even very subtle cues that one is being observed can affect cooperative behaviors. Expressing our opinions about the morality of certain acts is a key means of advertising our cooperative dispositions. Here, we investigated how subtle cues of being watched would affect moral judgments. We predicted that participants exposed to such cues would affirm their endorsement of prevailing moral norms by expressing greater disapproval of moral (...) transgressions. Participants read brief accounts of two moral violations and rated the moral acceptability of each violation. Violations were more strongly condemned in a condition where participants were exposed to surveillance cues (an image of eyes interposed between the description of the violation and the associated rating scale) than in a control condition (in which the interposed image was of flowers). We discuss the role that public declarations play in the interpersonal evaluation of cooperative dispositions. (shrink)

The concept of surveillance has recently been complemented by the concept of sousveillance. Neither term, however, has been rigorously defined, and it is particularly unclear how to understand and delimit sousveillance. This article sketches a generic definition of surveillance and proceeds to explore various ways in which we might define sousveillance, including power differentials, surreptitiousness, control, reciprocity, and moral valence. It argues that for each of these ways of defining it, sousveillance either fails to be distinct from (...) class='Hi'>surveillance or to provide a generally useful concept. As such, the article concludes that academics should avoid the neologism, and simply clarify what sense of surveillance is at stake when necessary. (shrink)

Bioethics, Volume 36, Issue 3, Page 305-312, March 2022.

The article examines how surveillance may on the one hand discourage us from doing wrong while at the same time making us less moral in another sense, since it encourages us to avoid wrongdoing purely out of self-interest.

Public consumption of artificial intelligence 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 and perceived usefulness. AI security concern, however, negatively affected PEOU and PU, resulting in (...) less acceptance of AI— use, preference, and 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 technological risks and benefits as well as other contextual factors of socio-demographics. (shrink)

PurposeThe purpose of this paper is to explore how surveillance facilitates new power relationships.Design/methodology/approachThis longitudinal qualitative study is predicated on observations of the home care workers interacting with their managers and clients. The emerging picture was complemented with interviews of the participants. The home care workers were chosen as being crucial in the construction of new everyday relationships, and their interpretations were given most value in presenting how surveillance and monitoring relationships are constructed as embedded mundane practices and (...) as emerging from practical needs.FindingsThe paper discusses an implementation and use case of surveillance capable technology in a social home care setting. The findings suggest discrepancy of how surveillance is being interpreted by different participants depending on their positioning in the context of use.Originality/valueThe study presents a case study where surveillance issues emerge not only at the workplace but also in the domestic sphere. The paper explores the workers' role in defining surveillance at the workplace, and questions the limits of legitimate surveillance in the social care context concerning vulnerable citizens as clients. (shrink)

Surveillance is sometimes spoken of as a God’s eye view of the world. This idea is explored in relation to the ‘objective gaze’ of disengaged reason in the Enlightenment and its technologically-reinforced modes in the twenty-first century. The rise of the eye-centred viewpoint is coincident with the ‘great disembedding’ of individuals from the social. This in turn also prompted the self-disciplines of modernity, which are now key aspects of the power-base of modern institutions. A crucial moment in this shift (...) was Bentham’s panopticon proposal, in which the knowledge regime of secular ism started to shape social imaginaries in relation to surveillance. While secular omniscience was sought through the surveillance gaze, and explored later in the work of Foucault, Debord and others, the eye-centred view is not without critics. We draw upon some biblical resources, notably, the story of Hagar, that query the centrality of ‘objective vision’. Instead, an ethic of care is proposed, based in part on a fresh understanding of the ‘eye of God’. It is argued that the implications of the care ethic go far deeper than current appeals to privacy, data protection, civil liberties or human rights. (shrink)

Today’s bodies are akin to ‘walking sensor platforms’. Bodies either host, or are the subjects of, an array of sensing devices that act to convert bodily movements, actions and dynamics into circulative data. This article proposes the notions of ‘disembodied exhaust’ and ‘embodied exhaustion’ to conceptualise processes of bodily sensorisation and datafication. As the material body interfaces with networked sensor technologies and sensing infrastructures, it emits disembodied exhaust: gaseous flows of personal information that establish a representational data-proxy. It is this (...) networked actant that progressively structures how embodied subjects experience their daily lives. The significance of this symbiont medium in determining the outcome of interplays between networked individuals and audiences necessitates that it is carefully contrived. The article explores the nature and function of the data-proxy, and its impact on social relations. Drawing on examples that depict individuals engaging with their data-proxies, the article suggests that managing a virtual presence is analogous to a work relation, demanding diligence and investment. But it also shows how the data-proxy operates as a mode of affect that challenges conventional distinctions made between organic and inorganic bodies, agency and actancy, mortality and immortality, presence and absence. (shrink)

A wave of recent scholarship has warned about the potential for discriminatory harms of algorithmic systems, spurring an interest in algorithmic accountability and regulation. Meanwhile, parallel concerns about surveillance practices have already led to multiple successful regulatory efforts of surveillance technologies—many of which have algorithmic components. Here, we examine municipal surveillance regulation as offering lessons for algorithmic oversight. Taking the 2017 Seattle Surveillance Ordinance as our primary case study and surveying efforts across five other cities, we (...) describe the features of existing surveillance regulation; including procedures for describing surveillance technologies in detail, requirements for public engagement, and processes for establishing acceptable uses. Although the Seattle Surveillance Ordinance was not intended to address algorithmic accountability, we find these considerations to be relevant to the law’s aim of surfacing disparate impacts of systems in use. We also find that in notable cases government employees did not identify regulated algorithmic surveillance technologies as reliant on algorithmic or machine learning systems, highlighting definitional gaps that could hinder future efforts toward algorithmic regulation. We argue that finer-grained distinctions between types of information systems in the language of law and policy, and risk assessment tools integrated into their implementation would strengthen future regulatory efforts by rendering underlying algorithmic components more legible and accountable to political and community stakeholders. (shrink)

Urban centers are being transformed into consumer tourist playgrounds made possible by dense networks of surveillance. The safety and entertainment however, come at an unseen price. One of the historical roots of surveillance can be connected to the modern information base of tracking individuals for economic and political reasons. Though its antecedents can be traced via Foucault's account of panoptic discipline which walled in society's outcasts for rehabilitation, the following essay explores the shift to the urban panopticism of (...) today where society's outcasts are subtly filtered out of "public" view. Juxtaposing a sociological account of the concentration camp with urban Disneyization fosters a greater understanding of how surveillance creates certain categories of citizenship. In particular, how urban surveillance intensifies Walter Benjamin's description of the flâneur who often experiences the brunt of the new urban panopticon's filtering power. (shrink)

Foucault’s disciplinary society and his notion of panopticism are often invoked in discussions regarding electronic surveillance. Against this use of Foucault, I argue that contemporary trends in surveillance technology abstract human bodies from their territorial settings, separating them into a series of discrete flows through what Deleuze will term, the surveillant assemblage. The surveillant assemblage and its product, the socially sorted body, aim less at molding, punishing and controlling the body and more at triggering events of in- and (...) ex-clusion from life opportunities. The meaning of the body as monitored by latest generation vision technologies formed from machine only surveillance has been transformed. Such a body is no longer disciplinary in the Foucauldian sense. It is a virtual/flesh interface broken into discrete data flows whose comparison and breakage generate bodies as both legible and eligible (or illegible). (shrink)

In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved (...) versions of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account. (shrink)

In this article, we critically scrutinize the principle of proportionality when used in the context of security and government surveillance. We argue that McMahan’s distinction from just warfare between narrow proportionality and wide proportionality can generally apply to the context of surveillance. We argue that narrow proportionality applies more or less directly to cases in which the surveilled is liable and that the wide proportionality principle applies to cases characterized by ‘collateral intrusion’. We argue, however, that a more (...) demanding criterion than the lesser-evil justification that wide proportionality frequently entails is necessary in cases characterized by intentional intrusion upon non-liable individuals. The distinction between foreseeing and intending intrusion into the lives of individuals who are not liable has not previously been specifically addressed in discussions concerning surveillance ethics. This specification is thus increasingly important due to the general growing tendency for adherence to the precautionary principle and policies aimed at anticipating criminal acts before they are committed. Preventive surveillance of non-liable actors is considered an important instrument for obtaining this aim and thus calls for moral scrutiny in terms of permissibility and proportionality. We suggest the concept ‘wide proportionality +’ which applies to cases of intentional intrusion of non-liable individuals. (shrink)

Surveillance is essential for communicable disease prevention and control. Traditional notification of demographic and clinical information, about individuals with selected infectious diseases, allows appropriate public health action and is protected by public health and privacy legislation, but is slow and insensitive. Big data–based electronic surveillance, by commercial bodies and government agencies, which draws on a plethora of internet- and mobile device–based sources, has been widely accepted, if not universally welcomed. Similar anonymous digital sources also contain syndromic information, which (...) can be analysed, using customised algorithms, to rapidly predict infectious disease outbreaks, but the data are nonspecific and predictions sometimes misleading. However, public health authorities could use these online sources, in combination with de-identified personal health data, to provide more accurate and earlier warning of infectious disease events—including exotic or emerging infections—even before the cause is confirmed, and allow more timely public health intervention. Achieving optimal benefits would require access to selected data from personal electronic health and laboratory records and the potential to re-identify individuals found to be involved in outbreaks, to ensure appropriate care and infection control. Despite existing widespread digital surveillance and major potential community benefits of extending its use to communicable disease control, there is considerable public disquiet about allowing public health authorities access to personal health data. Informed public discussion, greater transparency and an ethical framework will be essential to build public trust in the use of new technology for communicable disease control. (shrink)

Etzioni has recently proposed that the success of Internet enabled commerce is surprising due to what I label the “trust in strangers” problem. In here responding to Etzioni, I argue that the “trust in strangers” problem effectively dissolves once it is recognized that current manifestations of Internet commerce are not associated with high levels of anonymity, but rather, with high levels of surveillance. In doing so, I first outline how data capitalism and security considerations have contributed to Internet (...) class='Hi'>surveillance being close to ubiquitous. Following this, I differentiate between three types of surveillance—i.e. top-down, bottom-up, networked—that many people who digitally connect rely upon. In concluding, I emphasize my basic argument. Namely, that it is “trust in surveillance”, rather than “trust in strangers”, that supports current manifestations of commerce online. (shrink)

Am Beginn des 21. Jahrhunderts sind die gesellschaftlichen Konsequenzen neuer Formen der Sammlung, Verwendung und Vernetzung von Daten zur Überwachung und Beeinflussung von Menschen und Gruppen noch nicht vollends absehbar. Mit den Surveillance Studies können die Bedingungen und Diskurse von Sicherheit, Überwachung und Kontrolle im Rahmen einer interdisziplinären Forschungsinitiative analysiert werden. Verschiedene Pespektiven werden hier einführend dargestellt. Beiträge aus der Rechtswissenschaft, der Kriminologie, der Geographie, Soziologie und Kunstgeschichte zeigen, welche unterschiedlichen Perspektiven es gibt, um die komplexen und folgenreichen Zusammenhänge (...) der Surveillance zu verstehen oder zukünftige Entwicklungen einzuschätzen. Die verschiedenen Perspektiven ergänzen sich zu einem Gesamtbild, welches die Strukturen und Feinheiten dieser Entwicklungen deutlich macht. Die Beiträge gehen dabei auf grundsätzliche Probleme bei der Analyse von Überwachung aus ihrer jeweiligen Sicht ein und bieten so eine kompakte Übersicht über ein spezifisches, in dieser Hinsicht neues Forschungsfeld. Weiterhin zeigen sie, wie vielschichtig der Einfluss der von Überwachungtechnologien und Kontrolldiskursen auf unser tägliches Leben tatsächlich ist. Als einführende Texte bieten die versammelten Beiträge einen Ausgangspunkt für weitere Analysen und Diskussionen – vor allem jenseits aller akademischen Debatten. (shrink)

The recent decades have seen established liberal democracies expand their surveillance capacities on a massive scale. This article explores what is problematic about government surveillance by democracies. It proceeds by distinguishing three potential sources of concern: the concern that governments diminish citizens’ privacy by collecting their data, the concern that they diminish their privacy by accessing their data, and the concern that the collected data may be used for objectionable purposes. Discussing the meaning and value of privacy, the (...) article argues that only the latter two constitute compelling independent concerns. It then focuses particularly on the third concern, exploring the risk of government surveillance being used to enforce illegitimate laws. It discusses three legitimacy-related reasons why we should be worried about the expansion of surveillance capacities in established democracies: Even established democracies might decay. There is a risk that surveillance capacities that are used for democratically legitimated purposes today will be used for poorly legitimated purposes in the future. Surveillance may be used to enforce laws that lack legitimacy due to the disproportionate punishment attached to their violation. The democratic procedures in established democracies fail to conform to the requirements formulated by mainstream theories of democratic legitimacy. Surveillance is thus used to enforce laws whose legitimacy is in doubt. (shrink)

Editors' Introduction to the special issue of Research in Ethical Issues in Organisations, the proceedings of the 27th Annual Conference of the Australian Association of Professional and Applied Ethics, hosted by the Discipline of Philosophy and Religious Studies at the University of New England in 2020.

While it is sometimes thought that free Athenian women were hemmed in by surveillance within the oikos, this article argues that the obstacle that impeded them when they attempted to control property was that they were excluded from the impersonal and formal systems of surveillance of male citizens. Athenian public life, lived in the view of others, dramatically extended the agency of those within it. While women could compensate for their legal incapacities by cultivating the personal trust of (...) men, this required them to treat some of the people closest to them instrumentally, thus transforming their affectionate relationships. (shrink)

This paper looks at various ways teleworking can be linked to surveillance in employment, making recommendations about how telework can be made more acceptable. Technological methods can allow managers to monitor the actions of teleworkers as closely as they could monitor "on site" workers, and in more detail than the same managers could traditionally. Such technological methods of surveillance or monitoring have been associated with low employee morale. For an employer to ensure health and safety may require inspections (...) of the teleworkplace. When the teleworkplace is in the home, there may be an invasion of privacy associated with such inspections, that could be perceived and resented as surveillance. A problem of telework is that teleworkers may feel isolated. Methods to counter this could be associated with further forms of surveillance, and fear of such surveillance may inhibit them from reaching their potential as methods to counter isolation. The idea that teleworking may also allow communications to be intercepted by third parties is also looked at. Some, but not all, of the issues considered are applicable, to some extent, in non-teleworked employment situations. The overall conclusion of the paper is that the potential exists for surveillance to be associated with telework. Fears of such surveillance may turn actors against telework. However, much can be done to reduce such fears. (shrink)

This book presents the first detailed history of the modern passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation. The author argues that modern nation-states and the international state system have 'monopolized the 'legitimate means of movement',' rendering persons dependent on states' authority to move about - especially, though not exclusively, across international boundaries. This new (...) edition reviews other scholarship, much of which was stimulated by the first edition, addressing the place of identification documents in contemporary life. It also updates the story of passport regulations from the publication of the first edition, which appeared just before the terrorist attacks of 9/11, to the present day. (shrink)