Promoting Innovation While Preventing Discrimination: Policy Goals for the Scored Society

Abstract

There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.

Keywords: discrimination, privacy, Zarsky, networked identities, data collection practices, big data, surveillance, digital records, consumer credit, algorithms, cyberlaw