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Data Mining as Search: Theoretical Insights and Policy Responses

  • Tal Zarsky
Part of the Studies in Applied Philosophy, Epistemology and Rational Ethics book series (SAPERE, volume 3)

Abstract

Data mining has captured the imagination as a tool which could potentially close the intelligence gap constantly deepening between governments and their new targets – terrorists and sophisticated criminals. It should therefore come as no surprise that data mining initiatives are popping up throughout the regulatory framework. The visceral feeling of many in response to the growing use of governmental data mining of personal data is that such practices are extremely problematic. Yet, framing the notions behind the visceral response in the form of legal theory is a difficult task.

This chapter strives to advance the theoretical discussion regarding the proper understanding of the problems data mining practices generate. It does so within the confines of privacy law and interests, which many sense are utterly compromised by the governmental data mining practices. Within this broader theoretical realm, the chapter focuses on examining the relevance of a related legal paradigm in privacy law – that of governmental searches. Data mining, the chapter explains, compromises some of same interests compromised by illegal governmental searches. Yet it does so in a unique and novel way. This chapter introduces three analytical paths for extending the well accepted notion of illegal searches into this novel setting. It also points to the important intricacies every path entails and the difficulties of applying the notion of search to this novel setting. Finally, the chapter briefly explains the policy implications of every theory. Indeed, the manner in which data mining practices are conceptualized directly effects the possible solutions which might be set in place to limit related concerns.

Keywords

Data Mining Privacy Concern Theoretical Insight Fourth Amendment Data Mining Process 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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References

  1. Cate, F.H.: Government, data mining: The need for a legal framework. Harvard Civil Rights-Civil Liberties Law Review 43(2), 435–489 (2008)Google Scholar
  2. Fayyad, U., Piatetsky-Shapiro, G., Smyth, P.: From data mining to knowledge discovery: An overview. In: Fayyad, U., Piatetsky-Shapiro, G., Smyth, P., Uthurusamy, R. (eds.) Advances in Knowledge Discovery and Data Mining. AAAI/MIT Press, Cambridge, Mass. (1996)Google Scholar
  3. Henderson, S.: Nothing new under the sun?: A technologically rational doctrine of fourth amendment search. Mercer Law Review 56, 507–563, 544 (2005)Google Scholar
  4. Jonas, J., Harper, J.: Effective counterterrorism and the limited role of predictive data mining. CATO Institute Policy Analysis 584, 1–12 (2006)Google Scholar
  5. Kerr, O.: Four models of fourth amendment protection. Stanford Law Review 60, 503 (2007)Google Scholar
  6. Kerr, O.: Applying the fourth amendment to the internet: a general approach. Stanford Law Review 62, 1005 (2010)Google Scholar
  7. Schneier, B.: Why data mining won’t stop terror. Wired (September 3, 2006), http://www.wired.com/politics/security/commentary/securitymatters/2006/03/70357?currentPage=all (accessed December 30, 2011)
  8. Slobogin, C., Schumacher, J.E.: Reasonable expectations of privacy and autonomy in fourth amendment cases: An empirical look at “understandings recognized and permitted by society.” Duke Law Journal 42(4), 727–775, 743–751 (1993)Google Scholar
  9. Slobogin, C.: Privacy at risk: The new government surveillance and the fourth amendment, p. 194. The University of Chicago Press, Chicago and London (2007)Google Scholar
  10. Solove, D.J.: Digital dossiers and the dissipation of fourth amendment privacy. Southern California Law Review 75, 1083–1167, 1106–1107 (2002)Google Scholar
  11. Solove, D.J.: Data mining and the security-liberty debate. University of Chicago Law Review 74, 343–362 (2008)Google Scholar
  12. Solove, D.J.: Fourth amendment pragmatism. Boston College Law Review 51, 1511–1538, 1522-1524 (2010)Google Scholar
  13. Taipale, K.: Technology, security and privacy: The fear of frankenstein, the mythology of privacy, and the lessons of king ludd. Yale Journal of Law and Technology 7, 123–221, 134 (2004)Google Scholar
  14. Tokson, M.: Automation and the fourth amendment. Iowa Law Review 96, 581–647, 602–609 (2011)Google Scholar
  15. United States General Accounting Office. Data Mining: Federal Efforts over a Wide Range of Uses GAO-04-548, 1–64 (2004), http://www.gao.gov/new.items/d04548.pdf (accessed December 30, 2011)
  16. Zarsky, T.Z.: Mine your own business!: Making the case for the implications of the data mining of personal information in the forum of public opinion. Yale Journal of Law & Technology 5, 1–56 (2002-2003)Google Scholar
  17. Zarsky, T.Z.: Governmental data mining and its alternatives. Penn State Law Review 116(2), 285–330 (2012)Google Scholar

Copyright information

© Springer-Verlag Berlin Heidelberg 2013

Authors and Affiliations

  1. 1.Faculty of LawUniversity of HaifaHaifaIsrael

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