philosophy_of_technology   15

Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation by Jack M. Balkin :: SSRN
We have now moved from the early days of the Internet to the Algorithmic Society. The Algorithmic Society features the use of algorithms, artificial intelligence agents, and Big Data to govern populations. It also features digital infrastructure companies, large multi-national social media platforms, and search engines that sit between traditional nation states and ordinary individuals, and serve as special-purpose governors of speech.

The Algorithmic Society presents two central problems for freedom of expression. First, Big Data allows new forms of manipulation and control, which private companies will attempt to legitimate and insulate from regulation by invoking free speech principles. Here First Amendment arguments will likely be employed to forestall digital privacy guarantees and prevent consumer protection regulation. Second, privately owned digital infrastructure companies and online platforms govern speech much as nation states once did. Here the First Amendment, as normally construed, is simply inadequate to protect the practical ability to speak.

The first part of the essay describes how to regulate online businesses that employ Big Data and algorithmic decision making consistent with free speech principles. Some of these businesses are "information fiduciaries" toward their end-users; they must exercise duties of good faith and non-manipulation. Other businesses who are not information fiduciaries have a duty not to engage in "algorithmic nuisance": they may not externalize the costs of their analysis and use of Big Data onto innocent third parties.

The second part of the essay turns to the emerging pluralist model of online speech regulation. This pluralist model contrasts with the traditional dyadic model in which nation states regulated the speech of their citizens.

In the pluralist model, territorial governments continue to regulate the speech directly. But they also attempt to coerce or co-opt owners of digital infrastructure to regulate the speech of others. This is "new school" speech regulation. Digital infrastructure owners, and especially social media companies, now act as private governors of speech communities, creating and enforcing various rules and norms of the communities they govern. Finally, end users, civil society organizations, hackers, and other private actors repeatedly put pressure on digital infrastructure companies to regulate speech in certain ways and not to regulate it in others. This triangular tug of war -- rather than the traditional dyadic model of states regulating the speech of private parties -- characterizes the practical ability to speak in the algorithmic society.

The essay uses the examples of the right to be forgotten and the problem of fake news to illustrate the emerging pluralist model -- and new school speech regulation -- in action.

As private governance becomes central to freedom of speech, both end-users and nation states put pressure on private governance. Nation states attempt to co-opt private companies into becoming bureaucracies for the enforcement of hate speech regulation and new doctrines like the right to be forgotten. Conversely, end users increasingly demand procedural guarantees, due process, transparency, and equal protection from private online companies.

The more that end-users view businesses as governors, or as special-purpose sovereigns, the more end-users will expect -- and demand -- that these companies should conform to the basic obligations of governors towards those they govern. These obligations include procedural fairness in handling complaints and applying sanctions, notice, transparency, reasoned explanations, consistency, and conformity to rule of law values -- the “law” in this case being the publicly stated norms and policies of the company. Digital infrastructure companies, in turn, will find that they must take on new social obligations to meet these growing threats and expectations from nation states and end-users alike.
freedom_of_speech  internet  regulation  governance  administrative_state  big_data  algorithms  privacy  data  artificial_intelligence  machine_learning  ethics  philosophy_of_technology  new_media  social_media  networked_public_sphere  public_sphere  GAFA 
26 days ago by rvenkat
Neogeography and the delusion of democratisation
At the end of 2010, Matt Wilson (University of Kentucky) and Mark Graham(Oxford Internet Institute), started coordinating a special issue of Environment and Planning Adedicated to ‘Situating Neogeography’, asking ‘How might we situate neogeography?  What are the various assemblages, networks, ecologies, configurations, discourses, cyborgs, alliances that enable/enact these technologies?’

My response to this call is a paper titled ‘Neogeography and the delusion of democratisation’ and it is finally been accepted for publication. I am providing below an excerpt from the introduction, to provide a flavour of the discussion:

“Since the emergence of the World Wide Web (Web) in the early 1990s, claims about its democratic potential and practice are a persistent feature in the discourse about it. While awareness of the potential of ‘anyone, anytime, anywhere’ to access and use information was extolled for a long while (for an early example see Batty 1997), the emergence of Web 2.0 in the mid-2000s (O’Reilly 2005) increased this notion. In the popular writing of authors such as Friedman (2006), these sentiments are amplified by highlighting the ability of anyone to ‘plug into the flat earth platform’ from anywhere and anytime.

Around the middle of the decade, the concept of neogeography appeared and the ability to communicate geographic information over the Web (in what is termed the GeoWeb) gained prominence (see Haklay et al. 2008). Neogeography increased the notion of participation and access to geographic information, now amplified through the use of the political term democratisation. The following citations provide a flavour of the discourse within academic and popular writing – for example, in Mike Goodchild’s declaration that ‘Just as the PC democratised computing, so systems like Google Earth will democratise GIS’ (quoted in Butler 2006), or Turner’s (2006) definition of neogeography as ‘Essentially, Neogeography is about people using and creating their own maps, on their own terms and by combining elements of an existing toolset. Neogeography is about sharing location information with friends and visitors, helping shape context, and conveying understanding through knowledge of place’.  This definition emphasises the wide access to the technology in everyday practice. Similar and stronger statements can be found in Warf and Sui (2010) who clarify that ‘neogeography has helped to foster an unprecedented democratization of geographic knowledge’ (p. 200) and, moreover, ‘Wikification represents a significant step forward in the democratization of geographic information, shifting control over the production and use of GIS data from a handful of experts to large groups of users’ (ibid.). Even within international organisations this seems to be the accepted view as Nigel Snoad, strategy adviser for the communications and information services unit of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), stated: ‘On the technology side, Google, Microsoft and OpenStreetMap have really democratized mapping’ (cited in Lohr 2011).

However, what is the nature of this democratisation and what are its limits? To what extent do the technologies that mediate the access to, and creation of, geographic information allow and enable such democratisation?

To answer these questions, we need to explore the meaning of democratisation and, more specifically, within the context of interaction between people and technology. According to the Oxford English Dictionary, democratisation is ‘the action of rendering, or process of becoming, democratic’, and democracy is defined as ‘Government by the people; that form of government in which the sovereign power resides in the people as a whole, and is exercised either directly by them (as in the small republics of antiquity) or by officers elected by them. In modern use often more vaguely denoting a social state in which all have equal rights, without hereditary or arbitrary differences of rank or privilege’ [emphasis added]. A more colloquial notion of democratisation, and a much weaker one, is making a process or activity that used to be restricted to an elite or privileged group available to a wider group in society and potentially to all. For example, with mobile telephony now available across the globe, the statement ‘mobile telephony has been democratised’ aims to express the fact that, merely three decades ago, only the rich and powerful members of Western society had access to this technology.

Therefore, it is accepted from the start that the notion of democratisation cited above is more about the potential of neogeography to make the ability to assemble, organise and share geographical information accessible to anyone, anywhere and anytime and for a variety of purposes than about advancing the specific concept of democracy. And yet, it will be wrong to ignore the fuller meaning of the concept. Democratisation has a deeper meaning in respect of making geographic information technologies more accessible to hitherto excluded or marginalised groups in a way that assists them to make a change in their life and environment. Democratisation evokes ideas about participation, equality, the right to influence decision making, support to individual and group rights, access to resources and opportunities, etc. (Doppelt 2006). Using this stronger interpretation of democratisation reveals the limitation of current neogeographic practices and opens up the possibility of considering alternative development of technologies that can, indeed, be considered as democratising.

To explore this juncture of technology and democratisation, this paper relies on Andrew Feenberg’s critical philosophy of technology, especially as explored in his Questioning Technology (1999) and Transforming Technology (2002), which is useful as he addresses issues of democratisation and technology directly. For readers who are not familiar with the main positions within philosophy of technology, a very brief overview – based on Feenberg’s interpretation (1999) – is provided. This will help to explain his specific critique and suggestion for ‘deep democratisation’ of technology.

Equipped with these concepts, attention is turned to the discussion about the democratic potential of Geographic Information Systems (GIS), which appears in early discussions about GIS and society in the 1990s, and especially to the discussions within the literature on (Public) Participatory GIS (PPGIS/PGIS – assumed to be interchangeable here) and critical GIS. As we shall see, discussions about empowerment, marginalisation and governance are central to this literature from its inception and provide the foundations to build a deeper concept of democratisation when considering neogeographic practices.

Based on this historical understanding, the core of the paper explores why it is that neogeographic practices are assumed to be democratising and, more importantly, what the limitations are on their democratic potential. To do that, a hierarchy of ‘hacking’ – that is the artful alteration of technology beyond the goals of its original design or intent – is suggested. Importantly, here ‘hacking’ does not mean the malicious alteration of technology or unauthorised access to computer systems, or the specific culture of technology enthusiasts (‘hacker culture’). The term is used to capture the first and second instrumentation that Feenberg (1996, 2002) describes.  As we shall see, by exploring the ability to alter systems, there is some justification in the democratisation claims of neogeography as it has, indeed, improved the outreach of geographic technologies and opened up the potential of their use in improving democratic processes, but in a much more limited scope and extent. The paper concludes with observations on the utilisation of neogeographic technologies within the participatory process that aim to increase democratisation in its deeper sense.”

The paper’s concepts are based on talk that I originally gave in 2008 as part of the World University Netowrk seminar on Neogeography. A final note is about the length of time that some ideas need from first emerging until publication – even with the current imagination of ‘fast moving technology’, there is a value in thinking through an idea over 4 years.
Concepts  Papers  Andrew_Feenberg  GeoWeb  neogeography  Philosophy_of_Technology  from google
june 2012 by roomthily
Book Review: Don Ihde – Heidegger’s Technologies Postphenomenological Perspectives
Don Ihde dedicated his book Technics and Praxis (1979) to the memory of Martin Heidegger. Twenty seven years later he wrote:

I have come to regret that dedication . . . My aversion was not only because of the moral discrepancy, which does arise by equating gas chamber victims and biotechnological corn, but also because I saw that for Heidegger, every technology ended up with exactly the same output or analysis.

The book under review, an impressive collection of interesting studies (some of which have been published previously), supplements the negative sentiments of aversion with a profound critique of Heidegger’s philosophy of technology. The range of Ihde’s discussion is remarkable: ideas about the genesis and history of the philosophy of technology; a view about the rise of techno-romanticism; a re-reading of “the Heidegger corpus” from the empirical perspective of science-technology studies; a comparative analysis of the variants upon “autonomous technology” put forward by Heidegger, Jacques Ellul and Lewis Mumford; an explanation of the sense in which Heidegger’s philosophy of technology is an existential-phenomenological enterprise; a rebuttal of the arguments for the thesis that modern technology is applied science; a search for a rationale for differentiating between handwork technology and scientific technology; and the doctrine that modern technology is both historically and ontologically prior to modern science.

via Don Ihde – Heidegger’s Technologies Postphenomenological Perspectives – Reviewed by Dimitri Ginev, University of Sofia – Philosophical Reviews – University of Notre Dame.
Don_Ihde  Heidegger  Philosophy_of_Technology  from google
february 2011 by oddhack
Descartes and Technological Metaphor
“Legitimating the Machine: The Epistemological Foundations of Technological Metaphor in the Natural Philosophy of René Descartes”
Philosophies of Technology: Francis Bacon and his Contemporaries.
Edited by Claus Zittel. Volume 11: Intersections - Yearbook for Early Modern Studies (Brill: Leiden and Boston: 2008).
I post here a draft version, uncorrected.
Academia  Body-Machine  Descartes  Early_Modern_Science  Philosophy_of_Technology  from google
august 2008 by josephzizys

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