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ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

160606-ICON-S-PROGRAMME

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Adam Shinar: The Real Case Against Police<br />

Militarization<br />

The closing decades of the 20 th century have seen<br />

a rapid increase in police militarization, the phenomenon<br />

by which civilian police forces adopt military behavior,<br />

norms, tactics, and equipment. Militarization has<br />

been critiqued on instrumental grounds, but the real<br />

case against militarization lies in its treating citizens<br />

as threats, and the police’s capacity to normalize this<br />

status through the projection of symbolic power. Police<br />

militarization undermines and erodes the delicate relationship<br />

between government and its constituents in a<br />

democratic society. The hallmark of that relationship is<br />

one of sovereignty of the people. Police militarization,<br />

precisely because it operates outside the social contract,<br />

makes citizens into subjects, and turns policing<br />

into occupation.<br />

110 ALGORITHMIC GOVERNMENT<br />

The development of algorithmic government (AG),<br />

where big data is enlisted in a new project of government<br />

based on prediction of patterns, presents<br />

numerous challenges. This focus here is on how the<br />

practice of AG may undermine and then transcend<br />

many of fundamental attributes of citizenship presently<br />

appearing as part of the bargain between the government<br />

<strong>–</strong> governed. While many of these are anchored<br />

in ideas of privacy, and indeed selfhood, they spill over<br />

into wider conceptions of community, citizenship and<br />

the individual and indeed the whole idea of the liberal<br />

state. There are important themes here relating<br />

to cyber security and data management, surveillance,<br />

privacy and new applications of rights. How can formal<br />

government be reconfigured in an age of total information?<br />

Might democracy itself be superseded by big<br />

data? The challenges that the “internet of things” offers<br />

to understandings of privacy are of particular interest<br />

as are papers offering new theoretical insights.<br />

Participants John Morison<br />

Rónán Kennedy<br />

Paul McCusker<br />

Name of Chair John Morison<br />

Room DOR24 1.502<br />

Concurring panels 158<br />

John Morison: Algorithmic Governmentality and<br />

the Challenge to Democracy<br />

There is a new world of total information, gained<br />

from mining the huge data sets provided by enormous<br />

ranges of existing sources and, increasingly,<br />

the internet of things. Drawing upon a governmentality<br />

approach, the paper examines how algorithmic<br />

government (AG) creates a new world of governable<br />

subjects. Far from being classical citizens, they are<br />

instead made up as temporary aggregates of infrapersonal<br />

data. The knowledge that AG thus creates is<br />

not given meaning by political or other frameworks of<br />

reference. Instead it appears ineluctably from the data.<br />

AG is something that is not comprehensible naturally:<br />

there is no self or relationship with the natural world<br />

as presently understood by us. At the same time, AG<br />

offers a false emancipation by appearing to be, by its<br />

very nature, all-inclusive <strong>–</strong> ultimately “democratic”. This<br />

paper develops the new agenda that this revolution in<br />

data presents to constitutional lawyers, particularly in<br />

the context of democracy.<br />

Rónán Kennedy: E-Regulation, Trade Secrets,<br />

and Defeat Devices: Any Low-Emissions Car You<br />

Want, Provided it is a Black Box<br />

The ‘Digital Age’ may offer new opportunities for<br />

transparency, giving regulators and consumers better<br />

access to the information that is needed for better<br />

policy and purchasing decisions. However, recent controversies<br />

regarding deliberate embedding of software

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