Predictive policing casts a very wide net. Whereas before, the police
would only assemble a file on you if you were suspected of a crime, the
Palantirization of policing means that "police increasingly utilize data
on individuals who have not had any police contact at all." Tools like
the Automatic License Plate Reader log the movements of everyone in a
city; then, if a predictive policing algorithm fingers you as being
somehow connected to a suspect, all your movements, going far back in
time, are summoned up and delivered to the police (the same goes for
other automated bulk-collection records, like cellphone surveillance
through IMSI catchers and records requests to phone companies).
In Brayne's words, it's no longer the case that individuals engage in incriminating acts, now, "individuals lead incriminating lives—daily activities, now codified as data, can be marshaled as evidence ex post facto." What's more, these tools are a ready made for "parallel construction...the process of building a separate evidentiary base for a criminal investigation to conceal how the investigation began, if it involved warrantless surveillance or other inadmissible evidence." This means that any protections embedded in warrantless surveillance regimes (like the inadmissability of evidence) are easily circumvented by law enforcement. Brayne paints a picture of law enforcement, Palantir and co working together to keep business-as-usual in place, but with a veneer of empiricism. A cop who "knows" that someone is guilty can cast ever-wider surveillance nets until he finds confirming evidence, then he can rebuild his case using sources that are admissible in court, railroading his chosen perp into prison with the appearance of mathematical objectivity, rather than the racial bias that resulted in the LAPD coming under a Department of Justice consent decree. As Brayne says, "Characterizing predictive models as 'just math,' and fetishizing computation as an objective process, obscures the social side of algorithmic decision-making. Individuals’ interpretation of data occurs in preexisting institutional, legal, and social settings, and it is through that interpretive process that power dynamics come into play."
The entire story can be found at:
The cops she interviewed were bullish on Palantir's products, though
they also candidly admitted that predictive tools allowed them to put an
objective face on their existing, illegal racial profiling practices
("[Y]ou can’t target
individuals especially for any race... [W]e didn’t want to make it look
like we’re creating a gang depository of just gang affiliates or gang
associates. . . . We were just trying to cover and make sure everything is right on the front end").
In Brayne's words, it's no longer the case that individuals engage in incriminating acts, now, "individuals lead incriminating lives—daily activities, now codified as data, can be marshaled as evidence ex post facto." What's more, these tools are a ready made for "parallel construction...the process of building a separate evidentiary base for a criminal investigation to conceal how the investigation began, if it involved warrantless surveillance or other inadmissible evidence." This means that any protections embedded in warrantless surveillance regimes (like the inadmissability of evidence) are easily circumvented by law enforcement. Brayne paints a picture of law enforcement, Palantir and co working together to keep business-as-usual in place, but with a veneer of empiricism. A cop who "knows" that someone is guilty can cast ever-wider surveillance nets until he finds confirming evidence, then he can rebuild his case using sources that are admissible in court, railroading his chosen perp into prison with the appearance of mathematical objectivity, rather than the racial bias that resulted in the LAPD coming under a Department of Justice consent decree. As Brayne says, "Characterizing predictive models as 'just math,' and fetishizing computation as an objective process, obscures the social side of algorithmic decision-making. Individuals’ interpretation of data occurs in preexisting institutional, legal, and social settings, and it is through that interpretive process that power dynamics come into play."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
