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Implicit Bias, Behavioral Realism, and the Purposeful Intent Doctrine
In: Oxford Handbook of Race and the Law (Forthcoming 2023)
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Behavioral Realism about Color Confusion
In: Jerry Kang, Behavioral Realism about Color Confusion,102 B.U.L.Rev. 2013 (2022).
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Ruminations on Cyber-Race
In: Dissent: a journal devoted to radical ideas and the values of socialism and democracy, S. 58-63
ISSN: 0012-3846
Ruminations on Cyber-Race
In: Dissent: a journal devoted to radical ideas and the values of socialism and democracy, Band 50, Heft 2, S. 58-63
ISSN: 0012-3846
Explores the meaning & manifestation of race & race relations in cyberspace. The author argues that racial relations are present in cyberspace even if the audience is not aware of the nature of the influence. Also, technological developments & demographic changes will not abolish race relations. However, the short-term delays in recognizing race that cyberspace provides might prevent some racial bias from forming in the initial terms of the social interaction. The tensions between abolition, integration, & transmutation of race through cyberspace are explored with the hope that users, engineers, regulators, & lawmakers will structure cyberspace for the best use as a positive social force. L. A. Hoffman
Communications Law and Policy: Cases and Materials (Edition 8.0)
In: U of Colorado Law Legal Studies Research Paper
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Self-Surveillance Privacy
It has become cliché to observe that new information technologies endanger privacy. Typically, the threat is viewed as coming from Big Brother (the government) or Company Man (the firm). But for a nascent data practice we call "self-surveillance," the threat may actually come from ourselves. Using various existing and emerging technologies, such as GPS-enabled smartphones, we are beginning to measure ourselves in granular detail – how long we sleep, where we drive, what we breathe, what we eat, how we spend our time. And we are storing these data casually, perhaps promiscuously, somewhere in the "cloud," and giving third-parties broad access. This data practice of self-surveillance will decrease information privacy in troubling ways. To counter this trend, we recommend the creation of the Privacy Data Guardian, a new profession that manages Privacy Data Vaults, which are repositories for self-surveillance data. In addition to providing technical specifications of this approach, we outline the specific legal relations, which include a fiduciary relationship, between client and Guardian. In addition, we recommend the creation of an evidentiary privilege, similar to a trade secret privilege, that protects self-surveillance data held by a licensed Guardian. We also answers objections that our solution is implausible or useless. We conclude by pointing out that various legal, technological, and self-regulatory attempts at safeguarding privacy from new digital, interconnected technologies have not been particularly successful. Before self-surveillance becomes a widespread practice, some new innovation is needed. In our view, that innovation is a new "species," the Personal Data Guardian, created through a fusion of law and technology and released into the current information ecosystem.
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Beyond Self-Interest: Asian Pacific Americans Toward a Community of Justice
In: UCLA AA Studies Center, 1996
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Chapter 1: Prologue and Chapter 8: Epilogue: Race, Rights, and Reparation: Law and the Japanese American Internment
In: Race, Rights, and Reparation: Law and the Japanese American Internment (2nd. ed.), Wolters, Kluwer Law & Business (2013)
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Designing the Personal Data Stream: Enabling Participatory Privacy in Mobile Personal Sensing
For decades, the Codes of Fair Information Practice have served as a model for data privacy, protecting personal information collected by governments and corporations. But professional data management standards such as the Codes of Fair Information Practice do not take into account a world of distributed data collection, nor the realities of data mining and easy, almost uncontrolled, dissemination. Emerging models of information gathering create an environment where recording devices, deployed by individuals rather than organizations, disrupt expected flows of information in both public and private spaces. We suggest expanding the Codes of Fair Information Practice to protect privacy in this new data reality. An adapted understanding of the Codes of Fair Information Practice can promote individuals' engagement with their own data, and apply not only to governments and corporations, but software developers creating the data collection programs of the 21st century. To support user participation in regulating sharing and disclosure, we discuss three foundational design principles: primacy of participants, data legibility, and engagement of participants throughout the data life cycle. We also discuss social changes that will need to accompany these design principles, including engagement of groups and appeal to the public sphere, increasing transparency of services through voluntary or regulated labeling, and securing a legal privilege for raw location data.
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Designing the Personal Data Stream: Enabling Participatory Privacy in Mobile Personal Sensing
For decades, the Codes of Fair Information Practice have served as a model for data privacy, protecting personal information collected by governments and corporations. But professional data management standards such as the Codes of Fair Information Practice do not take into account a world of distributed data collection, nor the realities of data mining and easy, almost uncontrolled, dissemination. Emerging models of information gathering create an environment where recording devices, deployed by individuals rather than organizations, disrupt expected flows of information in both public and private spaces. We suggest expanding the Codes of Fair Information Practice to protect privacy in this new data reality. An adapted understanding of the Codes of Fair Information Practice can promote individuals' engagement with their own data, and apply not only to governments and corporations, but software developers creating the data collection programs of the 21st century. To support user participation in regulating sharing and disclosure, we discuss three foundational design principles: primacy of participants, data legibility, and engagement of participants throughout the data life cycle. We also discuss social changes that will need to accompany these design principles, including engagement of groups and appeal to the public sphere, increasing transparency of services through voluntary or regulated labeling, and securing a legal privilege for raw location data.
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