Technology used in online marketing has advanced to a state where collection, enhancement and aggregation of information are instantaneous. This proliferation of customer information focused technology brings with it a host of issues surrounding customer privacy. This article makes two key contributions to the debate concerning digital privacy. First, we use theories of justice to help understand the way consumers conceive of, and react to, privacy concerns. Specifically, it is argued that an important component of consumers' privacy concerns relates to (...) fairness judgments, which in turn comprise of the two primary components of distributive and procedural justice. Second, we make a number of prescriptions, aimed at both firms and regulators, based on the notion that consumers respond to perceived privacy violations in much the same way they would respond to an unfair exchange. (shrink)

Digital parenting tools, such as child-tracking technologies, play an ever-increasing role in contemporary child rearing. To explore opinions and experiences related to the use of such tracking devices, we conducted Q methodology and a semi-structured individual interview-study with Estonian parents and their 8- to 13-year-old pre-teens. Our aim was to study how such caring dataveillance was rationalized within the families, and to explore the dominant parenting values associated with the practice. Relying upon communication privacy management theory, the issues of (...) privacy related to such intimate surveillance were also studied. Three factors relating to the use of tracking technologies were extracted from both parents and pre-teens. Tracking technologies were viewed as parental aids that made it possible to ease anxieties and provide assurance to parents and children alike. Although children did not associate the use of tracking technologies with intrusion on privacy, they expected to have a chance to coordinate their privacy boundaries. (shrink)

PurposeThe purpose of this paper is to discuss the UK National DNA Database and some of the controversies surrounding it with reference to legal and ethical issues, focusing particularly on privacy and human rights. Governance of this database involves specific exemptions from the Data Protection Act, and this gives a rise to concerns regarding both the extent of surveillance on the UK population and the possibility for harm to all citizens. This is of wider importance since every current citizen, and (...) everybody who visits the UK, could become a record in the DNA database. Principally, the paper seeks to explore whether these exemptions would also imply exemptions for software developers from codes of practice and ethics of their professional societies as relate to constructing or maintaining such data and the database.Design/methodology/approachThe paper makes a comparison between the principles of the DPA, as would need to be followed by all other organizations handling personal data, professional responsibilities‐based codes of ethics of professional societies, and the current reality as reported in relation to the NDNAD and the exemptions offered through the DPA.FindingsPrimarily, if NDNAD was not exempted from certain provisions in the DPA, the potential for the kinds of data leakages and other mishandlings could largely be avoided without the need for further considerations over so‐called “data minimization”. It can be seen how the lack of afforded protection allows for a wide range of issues as relate at least to privacy.Originality/valueThe paper provides the first evaluation of the combination of law, codes of ethics, and activities in the real world as related to NDNAD, with concomitant considerations for privacy, liberty, and human rights. Originality is demonstrated through consideration of the implications of certain exemptions in the DPA in relation to crime and taxation and national security and in relating the expected protections for personal data to widely reported evidence that such protections may be variously lacking. In addition, the paper provides a broad overview of controversies over certain newer kinds of DNA analysis, and other relatively recent findings, that seem generally absent from the vast majority of debates over this kind of analysis. (shrink)

Technology used in online marketing has advanced to a state where collection, enhancement and aggregation of information are instantaneous. This proliferation of customer information focused technology brings with it a host of issues surrounding customer privacy. This article makes two key contributions to the debate concerning digital privacy. First, we use theories of justice to help understand the way consumers conceive of, and react to, privacy concerns. Specifically, it is argued that an important component of consumers’ privacy concerns relates to (...) fairness judgments, which in turn comprise of the two primary components of distributive and procedural justice. Second, we make a number of prescriptions, aimed at both firms and regulators, based on the notion that consumers respond to perceived privacy violations in much the same way they would respond to an unfair exchange. (shrink)

People's sense of being subject to digital dataveillance can cause them to restrict their digital communication behavior. Such a chilling effect is essentially a form of self-censorship in everyday digital media use with the attendant risks of undermining individual autonomy and well-being. This article combines the existing theoretical and limited empirical work on surveillance and chilling effects across fields with an analysis of novel data toward a research agenda. The institutional practice of dataveillance—the automated, continuous, and unspecific collection, (...) retention, and analysis of digital traces—affects individual behavior. A mechanism-based causal model based on the theory of planned behavior is proposed for the micro level: An individual's increased sense of dataveillance causes their subjective probability assigned to negative outcomes of digital communication behavior to increase and attitudes toward this communication to become less favorable, ultimately decreasing the intention to engage in it. In aggregate and triggered through successive salience shocks such as data scandals, dataveillance is accordingly hypothesized to lower the baseline of free digital communication in a society through the chilling effects mechanism. From the developed theoretical model, a set of methodological consequences and questions for future studies are derived. (shrink)

PurposeThe purpose of this paper is to examine the social impacts of “silent control” of individuals by means of the architecture of dataveillance systems. It addresses the question whether individuals, in reality, can actually determine autonomously the kinds of information that they can acquire and convey in today's dataveillance environments. The paper argues that there is a risk of a “counter‐control revolution” that may threaten to reverse the “control revolution” described by Shapiro.Design/methodology/approachUsing relevant business cases, this paper describes (...) the nature of dataveillance systems, then it examines situations in which the intellectual freedom of individuals is silently constrained by the architecture of such systems. This analysis leads to the conclusion that individuals in today's information society face the risk of a “counter‐control revolution” that can threaten their intellectual freedom. Given this troubling conclusion, the present paper addresses the challenges of establishing socially acceptable dataveillance systems.FindingsIntentionally or unintentionally, the architecture of dataveillance systems determines what kinds of information an individual can access or receive. This means that social sorting occurs based upon the processing of personal information by dataveillance systems; and, as a result, individuals' intellectual freedom could be constrained without their realising that it is happening. Under this circumstance, the ability of individuals to control the transmission and flow of information, recently made possible by the “control revolution”, already has been compromised by business organisations that operate dataveillance systems. It is business organisations, and not the individuals themselves, that control the kinds of information that individuals are able to acquire and transmit.Originality/valueThis paper provides an analysis of social risks caused by the architecture of dataveillance systems, and it introduces the concept of a “counter‐control revolution”. These contributions provide a good starting point to evaluate the social impacts of dataveillance systems and to establish better, more socially acceptable dataveillance systems. (shrink)

The Mexico-U.S. border is a space considered `smart´ due to the amount of surveillance technology used for national security purposes. The technological ecology consists of integrated fixed towers, remote video surveillance systems, mobile video surveillance systems, Predator B surveillance drones, mobile X-ray units, automated license plate readers, cell phone tracking towers, implanted motion sensors, biometric data collection, and DNA sampling (Aizeki et al. Citation2021). Whilst these instruments are usually linked to irregular border crossers, transborder commuters, who physically cross the border (...) every day, also experience the same surveillance regime. This paper discusses the technological ‘self-defense’ protocol I developed in 2019 when conducting transborder research for my doctoral thesis, which required intense border crossings across Mexico and the U.S. During the ten months of fieldwork, U.S. CBP had the capacity to search my personal device and belongings without a warrant, raising ethical concerns about data protection. As a result, the protocol developed to protect data and participants considered the ‘smart’ border as part of the methods designed that included encrypting information. In hyper-surveilled spaces, data protection represents a challenge for border researchers and the people involved in such a project. (shrink)

It is now a common belief that the truths of our lives are hidden in the databases streamed from our interactions in smart environments. In this current hype of big data, the Internet of Things has been suggested as the idea to embed small sensors and actuators everywhere to unfold the truths beneath the surfaces of everything. However, remaining the technology that promises more than it can provide thus far, more important for the IoT’s actual expansion to various social domains (...) than the actual discovery of hidden truths has been people’s speculations about the unknown problems, such as hidden security issues or lifestyle concerns, beyond the narrow human knowability but assumed to leave their traces in the IoT-collected big data. This paper discuss this speculation as the concealed cognitive labor of IoT users that projects some fictitious values to the big data IoT companies accumulate. By the term pan-kinetics, the systemic operation of smart actuators is analyzed as the process through which fictitious values of data are converted to the real values as these actuators draw some profitable correlations from physical domains of the IoT. Analyzing smart electroencephalogram headsets as the unique IoT devices operating on human brains, it argues how the IoT translates this speculative realism of unknown problems into its big data, which the IoT developers believe to be full of machine-learnable correlations that would lead to the smart solutions of the problems. (shrink)

This symposium brings into conversation normative political theory on migration and critical border/migration studies, with a particular focus on digital border control technology. Normative theorists have long been concerned with questions about the extent and nature of control over migration that the state should exercise, and the balance of rights and duties between states and migrants. To date, however, there has been little reflection among such theorists on digital border control technology. Critical border/migration studies scholars, on the other hand, have (...) paid considerable attention to the rapid development of digital technology in the border control/mobility management space, and revealed a range of problems with the technology itself and the ways it is deployed. What has thus far been lacking, however, is sustained ethical reflection on what should be done about the use of this technology. The papers in this symposium thus seek to bring these two groups of scholars together and to prompt what we hope will be a sustained conversation on these rapidly evolving and deeply problematic practices. This introduction contextualises the issue at the heart of this symposium – the rapid expansion of digital border controls and the ethical challenges that these pose – and offers brief summaries of the contributions. (shrink)

This paper aims to provide an overview of surveillance theories and concepts that can help to understand and debate surveillance in its many forms. As scholars from an increasingly wide range of disciplines are discussing surveillance, this literature review can offer much-needed common ground for the debate. We structure surveillance theory in three roughly chronological/thematic phases. The first two conceptualise surveillance through comprehensive theoretical frameworks which are elaborated in the third phase. The first phase, featuring Bentham and Foucault, offers architectural (...) theories of surveillance, where surveillance is often physical and spatial, involving centralised mechanisms of watching over subjects. Panoptic structures function as architectures of power, not only directly but also through disciplining of the watched subjects. The second phase offers infrastructural theories of surveillance, where surveillance is networked and relies primarily on digital rather than physical technologies. It involves distributed forms of watching over people, with increasing distance to the watched and often dealing with data doubles rather than physical persons. Deleuze, Haggerty and Ericson, and Zuboff develop different theoretical frameworks than panopticism to conceptualise the power play involved in networked surveillance. The third phase of scholarship refines, combines or extends the main conceptual frameworks developed earlier. Surveillance theory branches out to conceptualise surveillance through concepts such as dataveillance, access control, social sorting, peer-to-peer surveillance and resistance. With the datafication of society, surveillance combines the physical with the digital, government with corporate surveillance and top-down with self-surveillance. (shrink)

This paper explores the political potential of digital failure as a refusal to work in service of today’s dataveillance society. Moving beyond criticisms of flawed digital systems, this paper traces the moments of digital failure that seek to break, rather than fix, existing systems. Instead, digital failure is characterized by pesky data that sneaks through the cracks of digital capitalism and dissipates into the unproductive; it supports run-away data prone to misidentifications by digital marketers, coders, and content moderators; and (...) it celebrates data predisposed to “back-talk” with playful irreverence toward those that seek to bring order through normative categorization and moderation. I call these data entropic, fugitive, and queer and explore their mischievous practices through three case studies: the unaccountable data in identity resolution, public shaming of the ImageNet training data, and reading practices of sex worker and influencer, @Charlieshe. Together these case studies articulate the political potential of digital failure as a process of unbecoming the good data subject by pushing past the margins of legibility, knowability, and thinkability, to reveal what is made illegible, unknowable, and unthinkable to data’s seeing eye. As predictive analytics, automated decision-systems, and artificial intelligence take on increasingly central roles in public governance, digital failure reveals how data itself is a flawed concept prone to political abuse and social engineering to protect the interests of the powerful, while keeping those marginalized over-surveilled and underrepresented. (shrink)

Fichte's philosophy represented one of the first coherent attempts to provide a utopian philosophical foundation for preventative police power, one which anticipated in surprising ways the fundamental logical premises of modern dataveillance or "datapower." This article examines Fichte's proposals for a new system of police passports and the logic of control on which it rests, contextualizing it within the transformation of police practices during his lifetime. It concludes with a discussion of Hegel's criticism of the logical incoherence of securitarian (...) policing, and its relevance for our situation today. (shrink)

Inspirado por el trabajo de Deborah Lupton, Inger Mewburn y Pat Thomson, The Digital Academic: Critical Perspectives on Digital Technologies in Higher Education (2017), este artículo examina el yo digital académico contemporáneo. Más allá de la utilidad que pueden tener en cuanto a la interacción, plataformas digitales como Academia.edu, Linkedin, Google Scholar, etc. transforman al académico o académica en un sujeto digital cuyo rendimiento se controla constantemente hasta convertirlo en prisionero de una creciente dataveillance, una vigilancia a través de (...) los datos. En este contexto, analizamos el impacto de los mencionados procesos de monitorización continua del rendimiento y la productividad sobre las condiciones de vida y trabajo de los profesionales universitarios contemporáneos, en un momento en el que las tensiones, los conflictos y el malestar que habitan la universidad neoliberal parecen volverse cada vez más incapacitantes.Drawing inspiration from the work of Deborah Lupton, Inger Mewburn and Pat Thomson, The Digital Academic: Critical Perspectives on Digital Technologies in Higher Education (2017), this paper looks at the digital self of contemporary academics. Using digital platforms such as Academia.edu, Linkedin, Googlescholar, digital academics can increase their daily interactions and the impact of their research. More than being interaction tools, these tools transform the academics into digital individuals whose performance is constantly monitored until they find themselves prisoner of a growing «dataveillance» (Lupton, Mewburn and Thomson, 2017). In this context, the question concerns not only the impact of digital technologies on the quality of contemporary research, but also the impact of digital surveillance on the living and working conditions of contemporary academics, at a time where the tensions, conflicts and malaise that inhabit the neoliberal university have become ever more manifest. (shrink)

This paper discusses how an interactive artwork, the Crowd-Sourced Intelligence Agency, can contribute to discussions of Big Data intelligence analytics. The CSIA is a publicly accessible Open Source Intelligence system that was constructed using information gathered from technical manuals, research reports, academic papers, leaked documents, and Freedom of Information Act files. Using a visceral heuristic, the CSIA demonstrates how the statistical correlations made by automated classification systems are different from human judgment and can produce false-positives, as well as how the (...) display of information through an interface can affect the judgment of an intelligence agent. The public has the right to ask questions about how a computer program determines if they are a threat to national security and to question the practicality of using statistical pattern recognition algorithms in place of human judgment. Currently, the public’s lack of access to both Big Data and the actual datasets intelligence agencies use to train their classification algorithms keeps the possibility of performing effective sous-dataveillance out of reach. Without this data, the results returned by the CSIA will not be identical to those of intelligence agencies. Because we have replicated how OSINT is processed, however, our results will resemble the type of results and mistakes made by OSINT systems. The CSIA takes some initial steps toward contributing to an informed public debate about large-scale monitoring of open source, social media data and provides a prototype for counterveillance and sousveillance tools for citizens. (shrink)

Abstract:For Dewey, growth in the educative process means education that enriches and expands one’s experience as it prepares students for not only a vocation but also entry into and transaction with the world. In few places can we see growth, generally understood, to be occurring as fast as in big data technology. This essay begins with an overview of what big data is, specifically what big data looks like in education as understood through learning management system platforms but also data (...) as understood generally on a college campus through dataveillance, or data surveillance understood as the monitoring or possibility of monitoring of one’s data or online activity. In so doing, this essay acknowledges a selection of privacy concerns and educational challenges resulting from big data. I then proceed to the employment of intelligent technology in education with particular emphasis on algorithms and “algorithmic nudging.” I conclude with a Deweyan analysis of technology as continuous with culture and a discussion about the educational needs for technological environments to aid in the proper cultivation of individuals. (shrink)

This special theme brings together reflections and deliberations regarding the design, implementation, and development of data governance. By addressing “social data governance” as the keyword of the special theme, we aim to further the discussion on a contextual understanding of both the governing foundations and effects of data, dataism, and datafication in different societies. Such a discussion reminds us to pay particular attention to—and thus account for—the social dynamics that underpin and contextualize the design, operation, and promotion of quantified governing (...) mechanisms in which information on social behaviors is collected, datafied, manipulated, and represented. Essentially, the social dynamics of data governance have existed for a long time and in many forms, ranging from credit bureaus’ scrutiny, evaluation, and labeling of their customers to internet-enabled massive data collection and scoring systems used by governments, and to automated contact tracing techniques as a centerpiece of dataveillance and infection control amid the COVID-19 pandemic. Nevertheless, scholarly work from a wide range of disciplines like law, mathematics, and business and with diverse geographical foci has not yet been comparatively and reflectively articulated. Being rich and diverse, the special theme advances such a requisite understanding of the status and relevance of social dynamics of data governance mechanisms based on a wide range of empirical cases around the globe. To scrutinize the social dynamics helps illuminate and contrast divergent manifestations of data governance and their underlying mechanisms. (shrink)

The recent wave of whistleblowers and cyber-dissidents, from Julian Assange to Edward Snowden, has declared war against surveillance. In this context, transparency is presented as an attainable political goal that can be delivered in flesh and bones by spectacular and quasi-messianic moments of disclosure. The thesis of this article is that, despite its progressive promise, the project of releasing classified documents is in line with the Orwellian cold war trope of Big Brother rather than with the complex geography of surveillance (...) today. By indicting the US federal government as the principal agent of surveillance, the ‘logic of the leak’ obfuscates that today’s surveillance is conducted mostly by the private sector in the form of dataveillance. What should we think, then, of this new fetish of transparency? Is it a symptom of the castigation of a desire for surveillance, the wish to be constantly observed and closely inspected? I claim that the meaning of the ‘expository society’, as Bernard Harcourt calls it, depends on how we interpret secrets. For secrets are not only temporary conditions of occultation that can, and should, be indiscriminately exposed, but sites of agency. In this perspective, the emancipatory promise hangs on the right to the secret, assumed as the right not to answer and not to belong. (shrink)

The recent wave of whistleblowers and cyber-dissidents, from Julian Assange to Edward Snowden, has declared war against surveillance. In this context, transparency is presented as an attainable political goal that can be delivered in flesh and bones by spectacular and quasi-messianic moments of disclosure. The thesis of this article is that, despite its progressive promise, the project of releasing classified documents is in line with the Orwellian cold war trope of Big Brother rather than with the complex geography of surveillance (...) today. By indicting the US federal government as the principal agent of surveillance, the ‘logic of the leak’ obfuscates that today’s surveillance is conducted mostly by the private sector in the form of dataveillance. What should we think, then, of this new fetish of transparency? Is it a symptom of the castigation of a desire for surveillance, the wish to be constantly observed and closely inspected? I claim that the meaning of the ‘expository society’, as Bernard Harcourt calls it, depends on how we interpret secrets. For secrets are not only temporary conditions of occultation that can, and should, be indiscriminately exposed, but sites of agency. In this perspective, the emancipatory promise hangs on the right to the secret, assumed as the right not to answer and not to belong. (shrink)

Big data, artificial intelligence, and increasingly precise biometric techniques have given state and private organizations unprecedented scope and power for the surveillance and dataveillance of migrants. In many cases, these technologies have evolved faster than our legal, political, and ethical mechanisms. This paper, drawing on current discussions of justice and non-domination, proposes a non-domination-based ethics of digital surveillance and mobility, in which the legitimacy of these technologies depends on their avoidance of the arbitrary use of power. This allows us (...) to ethically assess new technologies and justify juridical, democratic, and administrative mechanisms. (shrink)

The individual management of online identity, as part of a wider politics of personal information, privacy, and dataveillance, is an area where public policy is developing and where the public sector attempts to intervene. This paper attempts to understand the strategies and methods through which the UK government and public sector is engaging in online identity management. The analysis is framed by the analytics of government (Dean 2010 ) and governmentality (Miller and Rose 2008 ). This approach draws attention (...) to the wide assemblage of public and private actors with shared regimes of practice and fields of visibility, as well as to the extent to which individual actors are made responsible for their own identity management. The paper also uses communication and discursive research to examine the potential failings of engagement efforts. Communication theory suggested that the assumption of individual responsibility, alongside linguistic distortions created by this way of understanding the problematic of identity management, complicate and fundamentally limit engagement activity. (shrink)

Children’s digital playgrounds have evolved from commercialized digital spaces such as websites and games to include an array of convergent digital media consisting of social media platforms, mobile apps, and the internet of toys. In these digital spaces, children’s data is shared with companies for analytics, personalization, and advertising. This article describes children’s digital playgrounds as a data assemblage involving commercial surveillance of children, ages 3–12. The privacy sweep is used as a method to follow the personal information traces that (...) can be expected to be disclosed through typical use of two children’s digital playgrounds: the YouTube Kids app and Fisher-Price Smart Toy plush animal and companion app. To trace the data flows, privacy policies and other publicly available documents were analyzed using political economy and privacy informed indicators. This article concludes by reflecting upon the dataveillance and commercialization practices that trouble the privacy rights of the child and parent when data assemblages in children’s digital playgrounds are surveillant. (shrink)

This paper suggests that the imbrication of user-friendly software and the posthuman has increasingly been revealed as an intrinsically arborescent relationship, one premised upon the striation of personal information through different forms of software media and allowing for unprecedented avenues of control and subjective manipulation. My analysis begins with a conceptualisation of user-friendliness, tracing its development as the majoritarian style of software design. In assessing the effects of this process of subjective imbrication with arborescent software technology, it is suggested that (...) one effect of the pathological asignification of instrumentality in the representation of software is the genesis of a topological space which allows for a capacity for control over the subjective becoming of others through control over digitally mediated perception. To illustrate this point, the revelations concerning Cambridge Analytica's use of targeted advertisements on Facebook to affect voting preferences during the 2016 American presidential election are examined as an example of the quotidian domination which is characteristic of the subjective condition of arbormosis. This analysis can be applied to issues of gender, technology, and modes of subjective control. (shrink)