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Articles by Ari Ezra
Gender Data in the Automated Administrative State
74 Pages Posted: Date Written: February 14, 2023 Abstract In myriad areas of public life—from voting to professional licensure—the state collects, shares, and uses sex and gender data in complex algorithmic systems that mete out benefits, verify identity, and secure spaces. But in doing so, the state often erases transgender, nonbinary, and gender-nonconforming individuals, subjecting them to the harms of exclusion.
Disorderly Content
Abstract Content moderation plays an increasingly important role in the creation and dissemination of expression, thought, and knowledge. And yet, throughout the social media ecosystem, nonnormative and LGBTQ+ sexual expression is disproportionately taken down, restricted, and banned.
Privacy, Practice, and Performance
61 Pages Posted: 18 Feb 2021 Last revised: 15 Apr 2021 Date Written: February 1, 2021 Abstract Privacy law is at a crossroads. In the last two years, U.S. policymakers have introduced more than 50 proposals for comprehensive privacy legislation, most of which look roughly the same: they all combine a series of individual rights with internal compliance.
Social Norms in Fourth Amendment Law
Abstract Courts often look to existing social norms to resolve difficult questions in Fourth Amendment law. In theory, these norms can provide an objective basis for courts’ constitutional decisions, grounding Fourth Amendment law in familiar societal attitudes and beliefs. In reality, however, social norms can shift rapidly, are constantly being contested, and frequently reflect outmoded and discriminatory concepts.
Privacy Law's False Promise
62 Pages Posted: 9 Dec 2019 Last revised: 22 Dec 2019 Date Written: December 6, 2019 Abstract Privacy laws have never seemed stronger. New international, national, state, and local laws have been passed with the promise of greater protection for consumers. Courts across the globe are reclaiming the law’s power to limit collection of our data.
Power, Process, and Automated Decision-Making
20 Pages Posted: 2 Oct 2019 Date Written: September 29, 2019 Abstract Many decisions that used to be made by humans are now made by machines. And yet, automated decision-making systems based on “big data” – powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process.
Cognitive Biases, Dark Patterns, and the
31 Current Issues in Psychology 2020 11 Pages Posted: Date Written: September 18, 2019 Abstract Scholars and commentators often argue that individuals do not care about their privacy, and that users routinely trade privacy for convenience. This ignores the cognitive biases and design tactics platforms use to manipulate users into disclosing information.
Sex, Lies, and Videotape: Deep Fakes and Free Speech Delusions
7 Pages Posted: 6 Sep 2019 Date Written: August 10, 2019 Abstract The longstanding position of civil libertarians that harmful speech should generally be tolerated instead of regulated is based on three interrelated claims about free speech. One is that an unfettered “marketplace of ideas” ultimately leads to the discovery of truth. The second, closely related to the first, is that harmful speech is always best addressed through counterspeech rather than regulation.
Privacy Law's False Promise
78 Pages Posted: Date Written: February 21, 2019 Abstract Privacy laws have never seemed stronger. New international, national, state, and local laws have been passed with the promise of greater protection for consumers. Courts across the globe are reclaiming the law’s power to limit collection of our data. And yet, our privacy seems more in danger now than ever, with frequent admissions of nefarious data use practices from social media, mobile apps, and e-commerce websites, among others.
Designing Without Privacy
In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine.
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