front cover of The Black Box Society
The Black Box Society
The Secret Algorithms That Control Money and Information
Frank Pasquale
Harvard University Press, 2015

Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives.

Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior.

Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.

[more]

front cover of Blockchain and the Law
Blockchain and the Law
The Rule of Code
Primavera De Filippi and Aaron Wright
Harvard University Press, 2018

“Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how.”
—Lawrence Lessig


“Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace—explain how a new technology will upend the current legal and social order… Blockchain and the Law is not just a theoretical guide. It’s also a moral one.”
Fortune


Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you “mine” money from ones and zeros?

The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create “smart contracts,” to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities’ ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

“If you…don’t ‘get’ crypto, this is the book-length treatment for you.”
—Tyler Cowen, Marginal Revolution

“De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address.”
—James Ryerson, New York Times Book Review

[more]

front cover of Hate Crimes in Cyberspace
Hate Crimes in Cyberspace
Danielle Keats Citron
Harvard University Press, 2014

Most Internet users are familiar with trolling—aggressive, foul-mouthed posts designed to elicit angry responses in a site’s comments. Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible to stop, Hate Crimes in Cyberspace reveals the serious emotional, professional, and financial harms incurred by victims.

Persistent online attacks disproportionately target women and frequently include detailed fantasies of rape as well as reputation-ruining lies and sexually explicit photographs. And if dealing with a single attacker’s “revenge porn” were not enough, harassing posts that make their way onto social media sites often feed on one another, turning lone instigators into cyber-mobs.

Hate Crimes in Cyberspace rejects the view of the Internet as an anarchic Wild West, where those who venture online must be thick-skinned enough to endure all manner of verbal assault in the name of free speech protection, no matter how distasteful or abusive. Cyber-harassment is a matter of civil rights law, Citron contends, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.

[more]

front cover of Industry of Anonymity
Industry of Anonymity
Inside the Business of Cybercrime
Jonathan Lusthaus
Harvard University Press, 2018

The most extensive account yet of the lives of cybercriminals and the vast international industry they have created, deeply sourced and based on field research in the world’s technology-crime hotspots.

Cybercrime seems invisible. Attacks arrive out of nowhere, their origins hidden by layers of sophisticated technology. Only the victims are clear. But every crime has its perpetrator—specific individuals or groups sitting somewhere behind keyboards and screens. Jonathan Lusthaus lifts the veil on the world of these cybercriminals in the most extensive account yet of the lives they lead, and the vast international industry they have created.

We are long past the age of the lone adolescent hacker tapping away in his parents’ basement. Cybercrime now operates like a business. Its goods and services may be illicit, but it is highly organized, complex, driven by profit, and globally interconnected. Having traveled to cybercrime hotspots around the world to meet with hundreds of law enforcement agents, security gurus, hackers, and criminals, Lusthaus takes us inside this murky underworld and reveals how this business works. He explains the strategies criminals use to build a thriving industry in a low-trust environment characterized by a precarious combination of anonymity and teamwork. Crime takes hold where there is more technical talent than legitimate opportunity, and where authorities turn a blind eye—perhaps for a price. In the fight against cybercrime, understanding what drives people into this industry is as important as advanced security.

Based on seven years of fieldwork from Eastern Europe to West Africa, Industry of Anonymity is a compelling and revealing study of a rational business model which, however much we might wish otherwise, has become a defining feature of the modern world.

[more]

front cover of A Legal Theory for Autonomous Artificial Agents
A Legal Theory for Autonomous Artificial Agents
Samir Chopra and Laurence F. White
University of Michigan Press, 2011

“An extraordinarily good synthesis from an amazing range of philosophical, legal, and technological sources . . .  the book will appeal to legal academics and students, lawyers involved in e-commerce and cyberspace legal issues, technologists, moral philosophers, and intelligent lay readers interested in high tech issues, privacy, [and] robotics.”
—Kevin Ashley, University of Pittsburgh School of Law

As corporations and government agencies replace human employees with online customer service and automated phone systems, we become accustomed to doing business with nonhuman agents. If artificial intelligence (AI) technology advances as today’s leading researchers predict, these agents may soon function with such limited human input that they appear to act independently. When they achieve that level of autonomy, what legal status should they have?

Samir Chopra and Laurence F. White present a carefully reasoned discussion of how existing philosophy and legal theory can accommodate increasingly sophisticated AI technology. Arguing for the legal personhood of an artificial agent, the authors discuss what it means to say it has “knowledge” and the ability to make a decision. They consider key questions such as who must take responsibility for an agent’s actions, whom the agent serves, and whether it could face a conflict of interest.

[more]

front cover of Net Neutrality and the Battle for the Open Internet
Net Neutrality and the Battle for the Open Internet
Danny Kimball
University of Michigan Press, 2022
“Net neutrality,” a dry but crucial standard of openness in network access, began as a technical principle informing obscure policy debates but became the flashpoint for an all-out political battle for the future of communications and culture. Net Neutrality and the Battle for the Open Internet is a critical cultural history of net neutrality that reveals how this intentionally “boring” world of internet infrastructure and regulation hides a fascinating and pivotal sphere of power, with lessons for communication and media scholars, activists, and anyone interested in technology and politics. While previous studies and academic discussions of net neutrality have been dominated by legal, economic, and technical perspectives, Net Neutrality and the Battle for the Open Internet offers a humanities-based critical theoretical approach, telling the story of how activists and millions of everyday people, online and in the streets, were able to challenge the power of the phone and cable corporations that historically dominated communications policy-making to advance equality and justice in media and technology.
[more]

front cover of New Laws of Robotics
New Laws of Robotics
Defending Human Expertise in the Age of AI
Frank Pasquale
Harvard University Press, 2020

“Essential reading for all who have a vested interest in the rise of AI.” —Daryl Li, AI & Society

“Thought-provoking…Explores how we can best try to ensure that robots work for us, rather than against us, and proposes a new set of laws to provide a conceptual framework for our thinking on the subject.” —Financial Times

“Pasquale calls for a society-wide reengineering of policy, politics, economics, and labor relations to set technology on a more regulated and egalitarian path…Makes a good case for injecting more bureaucracy into our techno-dreams, if we really want to make the world a better place.” —Wired

“Pasquale is one of the leading voices on the uneven and often unfair consequences of AI in our society...Every policymaker should read this book and seek his counsel.” —Safiya Noble, author of Algorithms of Oppression

Too many CEOs tell a simple story about the future of work: if a machine can do what you do, your job will be automated, and you will be replaced. They envision everyone from doctors to soldiers rendered superfluous by ever-more-powerful AI.

Another story is possible. In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements. This cooperation reveals the kind of technological advance that could bring us all better health care, education, and more, while maintaining meaningful work. These partnerships also show how law and regulation can promote prosperity for all, rather than a zero-sum race of humans against machines.

Policymakers must not allow corporations or engineers alone to answer questions about how far AI should be entrusted to assume tasks once performed by humans, or about the optimal mix of robotic and human interaction. The kind of automation we get—and who it benefits—will depend on myriad small decisions about how to develop AI. Pasquale proposes ways to democratize that decision-making, rather than centralize it in unaccountable firms. Sober yet optimistic, New Laws of Robotics offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.

[more]

front cover of The Offensive Internet
The Offensive Internet
Speech, Privacy, and Reputation
Saul Levmore
Harvard University Press, 2012

The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct.

At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options.

In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.

[more]

front cover of Privacy’s Blueprint
Privacy’s Blueprint
The Battle to Control the Design of New Technologies
Woodrow Hartzog
Harvard University Press, 2018

Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves—even when the odds are deliberately stacked against them.

In Privacy’s Blueprint, Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information.

Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy’s Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.

[more]


Send via email Share on Facebook Share on Twitter