Computers, Privacy & the Constitution

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JackFurnessSecondPaper 6 - 24 Apr 2021 - Main.EbenMoglen
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 Letting in the sunshine truly is the best remedy for an overreaching government, and as algorithms continue to supplant traditional decisionmaking roles, transparency is an antidote that we cannot do without.
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There seems to be a conflation between rules of access to judicial proceedings and requirements for access to information under either existing or hypothetical freedom of information statutes, or subpoenas for defense evidence in criminal cases.

Then there is the question of what constitutes adequate evidence when the computer systems in use are the result of training data combined with very simple blocks of code to produce over time complex states that are neither obvious from the code and the training data nor completely explicable by either the systems themselves or those who built them. But it is not clear also under what circumstances that's relevant. The route to improving the draft, I think, is to get closer to those questions.

 
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Revision 6r6 - 24 Apr 2021 - 14:33:03 - EbenMoglen
Revision 5r5 - 18 Apr 2021 - 16:48:12 - JackFurness
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