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.     

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that link in a Bill of Rights, taking account of the potential introduction of limitation clauses and the possibility of according Strasbourg judgments against the UK an advisory status only. Finally, taking account of the European Court's recent movement towards ‘enhanced’ subsidiarity, it will examine the consequences for the protection of human rights of reliance on a Bill of Rights intended to be interpreted and applied independently of Strasbourg influence.     

Isolation and Identification of Three By‐products Found in Methylamphetamine Synthesized by the Emde Route

This article describes the isolation and structural elucidation of three compounds produced during the synthesis of methylamphetamine by the so‐called “Emde” procedure. The “Emde” procedure involves the preparation of the intermediate chloropseudoephedrine or chloroephedrine from ephedrine or pseudoephedrine, respectively. The intermediates are then reduced to methylamphetamine with hydrogen under pressure in the presence of a catalyst. The by‐product compounds were isolated from methylamphetamine by column chromatography and liquid chromatography (LC). Proton nuclear magnetic resonance spectroscopy (¹H NMR), carbon nuclear magnetic resonance spectroscopy (¹³C NMR), and nanospray quadrupole‐time of flight‐mass spectrometry (Q‐TOF‐MS) were used to identify them as two stereoisomers of the compound N, N′‐dimethyl‐3,4‐diphenylhexane‐2,5‐diamine and N‐methyl‐1‐{4‐[2‐(methylamino)propyl]phenyl}‐1‐phenylpropan‐2‐amine.     

Baker & McKenzie's annual review of developments in EU law relating to IP,IT & telecommunications

This is a summary of the Baker & McKenzie columns on developments in EU law relating to IP, IT and telecommunications. This summarises the principal developments in 2009 that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas and which were reported on in this column in 2009. It seeks also to update any further development which may have taken place in relation to the specific topics since originally reported. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Collective Action for Smallholder Market Access: Evidence and Implications for Africa

It is widely acknowledged that the involvement of small farmers into markets can contribute to higher productivity and income growth, which in turn can enhance food security, poverty reduction efforts, and overall economic growth. In Africa, as in other parts of the developing world, agricultural production systems and their participants face significant challenges as a result of changing economic, environmental, and sociopolitical context. New dynamics in the global agricultural economy, such as the growth of supermarkets, are providing smallholders with both the new opportunities and new constraints to participate in and benefit from market exchanges. Collective action in the form of producer groups can enable African smallholders to take advantage of the new value chains and deal with existing market imperfections. However, certain conditions must be in place to create and sustain incentives for farmers to organize around marketing. Experiences from collective action in natural resource management (NRM) have shown that the types of markets and products, characteristics of user groups, institutional arrangements, and external environment need to be considered in order to determine the effectiveness and sustainability of collective marketing for smallholders. This paper applies the lessons from collective action in NRM to marketing, using existing case studies of producer groups in Africa, and offers policy recommendations on the factors that contribute to the success of collective marketing efforts.     

Trade at the margin: Estimating the economic implications of preferential trade agreements

Preferential Trade Agreements (PTAs) have become the most prevalent form of international trade liberalization in recent decades, even though it remains far from clear what their effects on economies and their key units, firms, are. This paper evaluates the distributional consequences of trade liberalization within industries differentiating two distinct aspects in which trade liberalization could result in higher trade flows: the intensive vs. the extensive margin of trade. In particular, we analyze whether trade liberalization leads to increased trade flows because either firms trade more volume in products they have already traded before (intensive margin) or because they start to trade products they have not traded previously (extensive margin), or both. We test these arguments for the Dominican Republic–Central America–United States Free Trade Agreement (CAFTA-DR) and exporting firms based in Costa Rica for the time-period 2008–2014. The results of our study suggest that the effects of CAFTA-DR depend not only on whether we analyze the extensive versus the intensive margin of trade but also whether the product in question is homogenous or differentiated and whether the exporting firm under analysis is small or large. In particular, we find support for the theoretical expectation that firms exporting heterogeneous products, such as textiles, gain from trade agreements, such as CAFTA-DR, in that they can export more varieties of their products. Yet at the same time, they tend to lose at the intensive margin by a reduction in their trade volume while the opposite pattern occurs for firms exporting homogenous products.     

Heroic Action and Its Discontents: Safe Horizon’s Response to 9/11

Based on first-hand qualitative research, this article describes and analyzes the significant role that a local, New York City-based social service agency played in responding to 9/11; the sources of its notable ability to provide assistance to individuals and families affected by this terrorist attack; and the structural strains and unanticipated divisions within the agency that the heroism of its fervid engagement nevertheless engendered.

A Life in Pictures: Looking for Elizabeth Senior

This essay follows the author’s search for forgotten art historian Elizabeth Senior (1910–41). Using a quest narrative, it traces the process undertaken to piece together the life story of a remarkable young woman, including Internet research, visits to archives and correspondence with family members. Killed at just aged 30 by a bomb during the Blitz in 1941, Senior left a quite substantial body of editorial work and writing. Editress for the inaugural volumes in Allen Lane’s King Penguin series, Senior also wrote multiple reviews for the Burlington Magazine and the British Museum Quarterly, as well as her own art historical books on portraits of Henry VIII and his wives, and on portraits of Christ (co-authored with Ernst Kitzinger). A collaborator and friend to many Jewish émigré art historians, including The Story of Art author Ernst Gombrich, Senior played an important role in facilitating the safe passage of many fleeing the Nazis for England in the 1930s and 1940s. Unmarried at the time of her death, Senior was survived by a 10-week-old baby, whom she had stashed under a table for safety when a bomb landed on her flat.