Friday, January 4, 2019
Jennifer A. Brobst (Southern Illinois University School of Law) has posted The Metal Eye: Ethical Regulation of the State’s Use of Surveillance Technology and Artificial Intelligence to Observe Humans in Confinement (CAL. W. L. REV. (Forthcoming)) on SSRN. Here is the abstract:
This article addresses the dual interests of privacy and the need for social interaction as a right of personal autonomy in choosing the balance between them. This is a right in need of protection in the face of new technology, including artificial intelligence, which has enabled constant state surveillance of individuals. Those most at risk of a deprivation of this right -- persons in state institutional confinement, including those in prisons, nursing homes, or involuntarily committed in mental institutions -- provide an important context for examining this potential infringement, because there is a particularly strong concurrent state interest to surveil to maintain order and security. The historical development of common law and federal constitutional protections of the rights of persons in confinement is examined next to the emergence of state constitutional amendments guaranteeing a right of privacy. In addition, mental health research has added to the policy development in this area, as seen in research regarding the impact of solitary confinement.