New Paper by Tal Zarsky: “Can human behavior be predicted? A broad variety of governmental initiatives are using computerized processes to try. Vast datasets of personal information enhance the ability to engage in these ventures and the appetite to push them forward. Governments have a distinct interest in automated individualized predictions to foresee unlawful actions. Novel technological tools, especially data-mining applications, are making governmental predictions possible. The growing use of predictive practices is generating serious concerns regarding the lack of transparency. Although echoed across the policy, legal, and academic debate, the nature of transparency, in this context, is unclear. Transparency flows from different, even competing, rationales, as well as very different legal and philosophical backgrounds. This Article sets forth a unique and comprehensive conceptual framework for understanding the role transparency must play as a regulatory concept in the crucial and innovative realm of automated predictive modeling.”
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