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Vast amounts of data are nowadays collected, stored and processed,
in an effort to assist in making a variety of administrative and
governmental decisions. These innovative steps considerably improve
the speed, effectiveness and quality of decisions. Analyses are
increasingly performed by data mining and profiling technologies
that statistically and automatically determine patterns and trends.
However, when such practices lead to unwanted or unjustified
selections, they may result in unacceptable forms of
discrimination. Processing vast amounts of data may lead to
situations in which data controllers know many of the
characteristics, behaviors and whereabouts of people. In some
cases, analysts might know more about individuals than these
individuals know about themselves. Judging people by their digital
identities sheds a different light on our views of privacy and data
protection. This book discusses discrimination and privacy issues
related to data mining and profiling practices. It provides
technological and regulatory solutions, to problems which arise in
these innovative contexts. The book explains that common measures
for mitigating privacy and discrimination, such as access controls
and anonymity, fail to properly resolve privacy and discrimination
concerns. Therefore, new solutions, focusing on technology design,
transparency and accountability are called for and set forth.
Ensuring online safety has become a topic on the regulatory agenda
in many Western societies. However, regulating for online safety is
far from easy, due to the wide variety of national and
international, private and public actors and stakeholders that are
involved. When regulating online risks for children it is important
to strike the right balance between protection against harms on the
one hand and safeguarding their fundamental freedoms and rights on
the other. The authors in this book attempt to grapple with
precisely this theme: striking the right balance between ensuring
safety for children on the internet while at the same time enabling
them to experiment, to learn, to enrich their lives, to acquire
skills and to have fun using this global network. The authors come
from various scientific disciplines, ranging from law to social
science and from media studies to philosophy. This means that the
book provides the reader with both empirical and
theoretical/conceptual chapters and sheds a multi-disciplinary
light on the complex topic of regulating online safety for
children.
Vast amounts of data are nowadays collected, stored and processed,
in an effort to assist in making a variety of administrative and
governmental decisions. These innovative steps considerably improve
the speed, effectiveness and quality of decisions. Analyses are
increasingly performed by data mining and profiling technologies
that statistically and automatically determine patterns and trends.
However, when such practices lead to unwanted or unjustified
selections, they may result in unacceptable forms of
discrimination. Processing vast amounts of data may lead to
situations in which data controllers know many of the
characteristics, behaviors and whereabouts of people. In some
cases, analysts might know more about individuals than these
individuals know about themselves. Judging people by their digital
identities sheds a different light on our views of privacy and data
protection. This book discusses discrimination and privacy issues
related to data mining and profiling practices. It provides
technological and regulatory solutions, to problems which arise in
these innovative contexts. The book explains that common measures
for mitigating privacy and discrimination, such as access controls
and anonymity, fail to properly resolve privacy and discrimination
concerns. Therefore, new solutions, focusing on technology design,
transparency and accountability are called for and set forth.
This book centres on Webcam Child Sex Tourism and the Sweetie
Project initiated by the children's rights organization Terre des
Hommes in 2013 in response to the exponential increase of online
child abuse. Webcam child sex tourism is a growing international
problem, which not only encourages the abuse and sexual
exploitation of children and provides easy access to child-abuse
images, but which is also a crime involving a relatively low risk
for offenders as live-streamed webcam performances leave few traces
that law enforcement can use. Moreover, webcam child sex tourism
often has a cross-border character, which leads to jurisdictional
conflicts and makes it even harder to obtain evidence, launch
investigations or prosecute suspects. Terre des Hommes set out to
actively tackle webcam child sex tourism by employing a virtual
10-year old Philippine girl named Sweetie, a so-called chatbot, to
identify offenders in chatrooms. Sweetie 1.0 could be deployed only
if police officers participated in chats, and thus was limited in
dealing with the large number of offenders. With this in mind, a
more pro-active and preventive approach was adopted to tackle the
issue. Sweetie 2.0 was developed with an automated chat function to
track, identify and deter individuals using the internet to
sexually abuse children. Using chatbots allows the monitoring of
larger parts of the internet to locate and identify (potential)
offenders, and to send them messages to warn of the legal
consequences should they proceed further. But using artificial
intelligence raises serious legal questions. For instance, is
sexually interacting with a virtual child actually a criminal
offence? How do rules of criminal procedure apply to Sweetie as
investigative software? Does using Sweetie 2.0 constitute
entrapment? This book, the outcome of a comparative law research
initiative by Leiden University's Center for Law and Digital
Technologies (eLaw) and the Tilburg Institute for Law, Technology,
and Society (TILT), addresses the application of substantive
criminal law and criminal procedure to Sweetie 2.0 within various
jurisdictions around the world. This book is especially relevant
for legislators and policy-makers, legal practitioners in criminal
law, and all lawyers and academics interested in internet-related
sexual offences and in Artificial Intelligence and law. Professor
Simone van der Hof is General Director of Research at t he Center
for Law and Digital Technologies (eLaw) of the Leiden Law School at
Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a
PhD researcher at the Faculty of Governance and Global Affairs at
Leiden University, Bart Schermer is an associate professor at the
Center for Law and Digital Technologies (eLaw) of the Leiden Law
School, and Professor Bert-Jaap Koops is Professor of Regulation
and Technology at the Tilburg Institute for Law, Technology, and
Society (TILT), Tilburg University, The Netherlands.
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