Blog Articles 116–120

A Good Week for Justice

Four bright spots in the American justice system this week:

  • A federal judge has ruled that National Security Letters, at least accompanied by gag orders, are unconstitutional.
  • DC District Court ruled that the CIA cannot reject out-of-hand the ACLU’s Freedom of Information Act request for information on the drone program. The lower court judge’s ruling effectively said that she thought the stuation absurd and unjust, but saw no way to compel the disclosure that was compatible with law and precedent. The district court disagreed with the no-compatible-way part, not the this-is-absurd part.
  • The 9th Circuit set aside the 20-year-old capital conviction of Debra Jean Milke. Her conviction was based almost entirely on the testimony of a police officer that she had confessed, even though she and the other two other men convicted all denied her involvement. The officer had a history of lying under oath and mistreating defendants; he had also been ordered to record his interview with Milke but did not have a recording to back up his assertion that she confessed.
  • Judge Otis Wright is laying down the smack on Prenda Law and its related lawyers, etc. for running what seems to be a massive scheme of extortion and fraud, using the courts and allegations of copyright infringement of pornographic videos to get people to pay settlements. Specious legal theories, extortion, forgery, a court hearing that would make Abbot and Costello proud, this case has it all.

Moral Questions on Predictive Policing

The Guardian ran an article this weekend discussing predictive policing and its future. Read it, it’s worthwhile.

I greatly appreciated a number of the moral concerns Morozov raises, and he does an excellent job of connecting the issue to much of its surrounding social context. He also is quite balanced in his approach, urging caution while being cognizant of the real, on-the-ground benefits of the technology.

Unfortunately, he falls into the same trap as Eli Pariser (The Filter Bubble) in ascribing algorithmic deficiencies to questionable allegiances of their creators:

But how do we know that the algorithms used for prediction do not reflect the biases of their authors? For example, crime tends to happen in poor and racially diverse areas. Might algorithms – with their presumed objectivity – sanction even greater racial profiling?

Democratizing Education — open access or MOOCs?

Think about it. Universities pay their faculty to write and publish, then must pay commercial entities to sell those publications back to them. Universities also pay their faculty to teach, then charge students for access to that pedagogy (in most cases, charging only a fraction of the cost). The rhetorics of those two models tend to be reversed when discussing digital transformations. Why is it that the most business-minded people in academe, the boards of trustees and CFOs, seem to be enamored of giving away the resource that they actually charge for now, while being mostly indifferent to giving away the resource they are now paying for (twice)?

— Jason Mittell, in his excellent Chronicle piece on why open access, not MOOCs, is a more fundamental and important force for democratizing higher education

Simplifying US Visas

H1B’s. U-visas. J1’s, F1’s, guest worker permits, green cards, tourist visas.

There are too many types of visas. And they’re too temporary, too revokable, too dependent on the whims of a ‘sponsor’.

How about simplifying to just three groups of people:

  • Citizens. Born or naturalized.
  • Residents. Persons residing long-term or permanently in the country. They are entitled to all the rights and privileges of citizenry except voting, holding elected office, and possibly armed service. They can work, go to school, or whatever. Since continued residency is not required to maintain resident status, international commuters can classify as residents. Residents are eligible for citizenship after a reasonable waiting period (say 5 years, spending 54 of the last 60 months in the country), a civics test, and maybe an English proficiency test.
  • Visitors. Persons in the country temporarily. They only reason this category exists is to let people into the country for business or pleasure without setting up a taxpayer number for them. The ‘temporary’ is not enforced. Visitors probably don’t qualify for many social services, except for health care (if/when we get public health care). If a visitor wants to stay long-term, they can go to their local immigration office, fill out a bit of paperwork, and get their taxpayer number.