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Life and the Law in the Era of Data-Driven Agency
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Life and the Law in the Era of Data-Driven Agency

9781788971997 Edward Elgar Publishing
Edited by Mireille Hildebrandt, Research Professor of Interfacing Law and Technology, Vrije Universiteit Brussel, Belgium; Full Professor of Smart Environments, Data Protection and the Rule of Law, Radboud University Nijmegen, the Netherlands and Kieron O’Hara, Associate Professor in Electronics and Computer Science, University of Southampton, UK
Publication Date: 2020 ISBN: 978 1 78897 199 7 Extent: 296 pp
This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, leading scholars in law, philosophy, computer science and politics examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice.

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Critical Acclaim
Contributors
Contents
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This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice.

Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted.

Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination.
Critical Acclaim
‘Life and the Law in the Era of Data-Driven Agency is one of the few resources on this topic and is most suitable for the academic or senior practitioner in this emerging and complex area of law; thus, it would be a valuable addition to anyone working in the area.’
– Laura Lemmens, Canadian Law Library Review

‘The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.’
– Reuben Binns, University of Oxford, UK

‘In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O’Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.’
– Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany

‘How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book – a follow-up to Smart Technologies and the End(s) of Law – readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O’Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.’
– Roger Brownsword, King's College London and Bournemouth University, UK
Contributors
Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C.B. Graber, M. Hildebrandt, C. Maple, K. O’Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale
Contents
Contents:

Preface xii
1. Introduction: Life and the law in the era of data-driven agency 1
Mireille Hildebrandt and Kieron O’Hara
2. Between the editors 16
Kieron O’Hara and Mireille Hildebrandt

PART I
3. Data-driven agency and knowledge 45
Paul Dumouchel
4. The emergent limbic media system 60
Julie E. Cohen
5. Smart technologies and our sense of self: Going beyond
epistemic counter-profiling 80
Sylvie Delacroix and Michael Veale
6. Rethinking transparency for the Internet of Things 100
m.c. schraefel, Richard Gomer, Enrico Gerding and
Carsten Maple
7. From the digital to a post-digital era? 117
Charles Ess
PART II

8. Do digital technologies put democracy in jeopardy? 135
Gerard de Vries
9. In defence of ‘Toma’: Algorithmic enhancement of a sense of
justice 156
David Stevens
10. The conservative reaction to data-driven agency 175
Kieron O’Hara and Mark Garnett
11. Artificial intelligence, affordances and fundamental rights 194
Christoph B. Graber
12. Throttling machine learning 214
Paul Ohm
13. In the hall of masks: Contrasting modes of personification 230
Niels van Dijk

RESPONSE
14. Life and the law in the era of machine agency 253
Mireille Hildebrandt

Index 265

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