2023.04.18

Digital Rights Archive Newsletter - Fifth edition

It’s the enduring irony of our current moment: we live in an increasingly datafied society, and yet the exact nature of the foundational element of this society – data – remains shrouded in mystery for many people. In his (deservedly) award-winning book, Innovation in Real Places: Strategies for Prosperity in an Unforgiving World, Dan Breznitz wryly remarks: “The reality is that we do not even have a decent understanding of how data should be used, who should use it, what technologies it might spawn, who should regulate it, who it should be regulated for, or how it should be regulated.”

As a description of the data-governance policy debate, and even the commercial tech mainstream, Breznitz is surely correct. But as this newsletter has highlighted over the past several months, this lack of consensus is not for want of investigation by academics and other experts.

Much of the faith in data, data-driven governance, and tools like ChatGPT, stem from the persistent belief that data is a neutral, superior form of knowledge. However, as several of the articles featured in this month’s newsletter attest (to say nothing of a deep, longstanding literature on the subject), this is very much not the case. Data is not neutral. It is shaped by the contexts within which it is generated, by the people and organizations that deploy it, and the uses to which it is put. Robert W. Cox famously wrote, “Theory is always for someone, and for some purpose.” The same can be said of data.

On the question of what is data, Christoph Stach helpfully unpacks and critiques the idea that data is the new oil: important work given that our opinions about what data is shapes what we will (and will not) do with it. Meanwhile, embracing their inner Cox, a number of articles hammer home the idea that data is always for someone, and for some purpose.

Brishen Rogers discussion of how data and surveillance shapes labour relations; the Alan Turing Institute’s examination of data justice and the relationship between justice and data-driven tech, Sophie Toupin’s fascinating exploration of feminist artificial intelligence; Nur Ahmed, Muntair Waheed and Neil C. Thompson’s warnings about industry influence on the development of artificial intelligence (an imprecise term that we probably should try to avoid in scholarly writing, as an aside); Saffron Huan and Divyah Siddarth on how generative AI requires us to reconsider the appropriateness of dominant, individual- and privacy-focused ideas of data rights and protection; while Ulises A. Mejias continues his fruitful engagement with the concept of “data colonialism”, which is all about the purposes to which data is put, and for whom.

These articles are joined by several other fascinating pieces that touch on the politics of digital technology: Keldon Bester on how to update Canadian competition policy for a digitally driven economy, Jessa Lingel on her book, The Gentrification of the Internet: How to Reclaim our Digital Freedom; nicely complemented by Andrea Monti’s book The Digital Rights Delusion: Humans, Machines and the Technology of Information.

Taken together, all these books, videos, articles and podcasts raise an important question, in reply to Breznitz’s observation that we don’t know how to best regulate data. Given the depth of analysis on offer here, and elsewhere throughout our database, it’s not hard to wonder if the actual problem is one of willful blindness regarding the reality that data is never neutral. To admit this reality would be to complicate everything from algorithmic regulation to the irresponsible roll-out of “generative AI” like ChatGPT. To fully take on board that data, as a human creation, cannot yield the dispassionate, objective, deeper knowledge that its proponents so desire, that it simply pushes politics and questions of bias underground, would be to severely restrict the ambitions and possibilities of the data-driven society itself.

Which raises the question: is it that we don’t know how to regulate data, or that we, as a society, don’t want to know?

- Blayne Haggart

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