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Samir Chopra at The Nation proposes that we treat algorithms as agents of the companies that deploy them. In effect, treat computer programs as people, too.
From the article:
I suggest we fit artificial agents like smart programs into a specific area of law, one a little different from that which makes corporations people, but in a similar spirit of rational regulation. We should consider programs to be legal agents--capable of information and knowledge acquisition like humans--of their corporate or governmental principals. The Google defense--your privacy was not violated because humans didn't read your e-mail--would be especially untenable if Google's and NSA's programs were regarded as their legal agents: by agency law and its central doctrine of respondeat superior (let the master answer), their agents' activities and knowledge would become those of their legal principal, and could not be disowned; the artificial automation shield between the government (the principal) and the agent (the program) would be removed.
If such a position were adopted, there could be a significant impact on the permissibility of scanning of emails for targeted advertisements or on ISP's ability to perform deep packet inspection.
(Score: 2) by khallow on Thursday June 05 2014, @07:50PM
It's not just a US thing. Sure, the US takes corporate personhood a little bit further than other countries do, but it also has considerably more aggressive free speech rights than those other countries do. Please recall that you're complaining about a consequence of free speech which is precisely where you'd expect the US to be out in front of everyone else legally.
(Score: 1) by Horse With Stripes on Thursday June 05 2014, @08:05PM
My concern is that the US government is sneaking up behind us to snatch away many of our rights ... with Free Speech in their sights as well. The corporations are safe. It's us biological citizens that have a lot to worry about.