Maria Helen Murphy

Algorithmic governance: Developing a research agenda through the power of collective intelligence

We are living in an algorithmic age where mathematics and computer science are coming together in powerful new ways to influence, shape and guide our behaviour and the governance of our societies. As these algorithmic governance structures proliferate, it is vital that we ensure their effectiveness and legitimacy. That is, we need to ensure that they are an effective means for achieving a legitimate policy goal that are also procedurally fair, open and unbiased. But how can we ensure that algorithmic governance structures are both? This article shares the results of a collective intelligence workshop that addressed exactly this question. The workshop brought together a multidisciplinary group of scholars to consider (a) barriers to legitimate and effective algorithmic governance and (b) the research methods needed to address the nature and impact of specific barriers. An interactive management workshop technique was used to harness the collective intelligence of this multidisciplinary group. This method enabled participants to produce a framework and research agenda for those who are concerned about algorithmic governance. We outline this research agenda below, providing a detailed map of key research themes, questions and methods that our workshop felt ought to be pursued. This builds upon existing work on research agendas for critical algorithm studies in a unique way through the method of collective intelligence.

The pendulum effect: comparisons between the Snowden revelations and the Church Committee. What are the potential implications for Europe?

This article considers how the pendulum metaphor can be applied to shifts in popular opinion concerning the right to privacy. At times, the media portrays privacy as an individualistic right, serving at the behest of criminals and terrorists. Every so often, however, an event occurs that starkly reminds the public of the value of privacy. Public opinion drives debate and this debate often leads to legal reform. The Church Committee, formed in response to the Watergate scandal, is a classic example of the effect the exposure of abuse can have on the regulation of privacy. Over time, however, legislative gains in privacy protection have a tendency to erode. In addition, extreme events, such as the terrorist attacks of 9/11, can cause the pendulum to swing back to the opposite position. Following the exposure of mass surveillance practices by Edward Snowden, the world has, once again, been questioning government surveillance activities. This article seeks to consider the transatlantic impact of the National Security Agency revelations. Transparency is highlighted as a crucial regulating force on excessive government interference with privacy rights.

Cyber-privacy or cyber-surveillance? Legal responses to fear in cyberspace

The articles in this special issue derive from papers presented within the Information Technology Law & Cyberspace stream at the Socio-Legal Studies Association annual conferences at York in 2013 a...

Algorithmic surveillance: the collection conundrum

ABSTRACT Supporters of increased surveillance see tremendous potential in the ever increasing creation, collection, and retention of personal data. Most acknowledge that the massive collection of information also creates challenges where the collection outpaces the ability to meaningfully process the data. Increased processing power and more finely tuned algorithms are often portrayed as the solution to this haystack conundrum. While a human may struggle to find the needle in an overflowing haystack of disordered information, powerful computers can take a logical and structured approach that will make the haystack eminently more searchable. This article evaluates this premise from a human rights perspective and considers whether algorithmic surveillance systems can be designed to be compatible with the right to privacy. In addition to assessing the incongruity between traditional safeguards (such as foreseeability and accountability) with algorithmic surveillance, this article also confronts the problem of initial collection and addresses the contention that well-defined algorithmic search can effectively limit the intrusiveness of surveillance. Evolution in the case law of the European Court of Human Rights and the Court of Justice of the European Union will be factored into this analysis.

Surveillance and the Right to Privacy: Is an ‘Effective Remedy’ Possible?

Privacy—the right most directly implicated in any discussion of surveillance—is often identified solely as a benefit to the individual, weighing against general social goods such as security. The imperceptibility of both the concept of privacy and the value of ‘national security’ favours the security side of the equation, as the threats of terrorism and organised crime loom large as omnipresent fears in a security conscious society. Recognising these challenges, recourse to an external—yet, legitimate—source of privacy protection is an attractive option. Accordingly, the European Convention on Human Rights (ECHR) is a crucial instrument of human rights protection in the area of surveillance. While Ireland has avoided direct scrutiny of its surveillance regime from the ECtHR, the jurisprudence of the Strasbourg Court has played a clear role in the formulation of Irish surveillance legislation. In spite of this influence, there is cause to suspect that the legislative reforms may not add up to effective protection of the right to respect for private life as guaranteed by Article 8 of the Convention. While Article 8 is the substantive article most relevant in the surveillance context, the right to an effective remedy, as provided for in Article 13, must also be considered. The specific function of Article 13 is to ensure the ‘availability at national level of a remedy to enforce the substance of the Convention rights and freedoms’. The inherently secretive nature of surveillance presents a considerable obstacle to the justiciability of Article 8 rights in the surveillance context. This chapter considers how the challenges to providing an effective remedy in the surveillance context can be resolved and uses the Criminal Justice (Surveillance) Act 2009 (Surveillance Act) as a case study in order to evaluate how the Oireachtas has attempted to meet the standard for an effective remedy in this complex context.

Technological challenges and opportunities: the future of law

In a time where algorithms are making decisions that affect every citizen, where ‘disruption’ is the strategy of many powerful companies, and where the internet of things is materialising into the internet of everything, it is important to address how such changes will affect society and to consider what role, if any, law should play in the regulation and use of new technologies and internet services. While some may view the regulation of new technologies as a tax on innovation, it is clear that much regulation exists and often influences how technologies are developed and deployed. Both the technology and the regulation of such technology have an impact on society that must be considered. As has been the case from the early days of ‘cyber law’ and ‘information technology law’ studies, there are recurring issues in the broader field that enable the drawing of connections between issues that might seem superficially quite distinct. This special issue of Information and Communications Technology Law is derived from the presentations of participants in the Information Technology Law and Cyberspace Stream of the Socio-Legal Studies Association Annual Conferences at Warwick University in 2015 and Robert Gordon University in 2014. While each contribution focuses on different issues, a common question connects each article. Each article asks how developments in technology are affecting society and how the impact of new technologies can be mediated for the greater good. Crucially, each of the articles adopts a nuanced view of technological advancement and acknowledges that technology has both positive and negative effects on society. While each of the contributions adopts a different perspective and proposes various tools to tackle the task of mediating technological advancement, the appropriate role of law drives the discussion throughout this special issue.

Repealing the Human Rights Act: Implications for the Belfast Agreement

With the recently elected Conservative Government holding a majority in Parliament, the Party has reiterated its manifesto pledge to ‘scrap the Human Rights Act and curtail the role of the European...