Privacy in the age of neuroscience : reimagining law, state and market / David Grant.

Format:

Book

Author/Creator:

Grant, David, author.

Language:

English

Subjects (All):

Privacy, Right of.

Technology and law.

Neurosciences--Social aspects.

Neurosciences.

Physical Description:

1 online resource (vii, 315 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

Neuroscience has begun to intrude deeply into what it means to be human, an intrusion that offers profound benefits but will demolish our present understanding of privacy. In Privacy in the Age of Neuroscience, David Grant argues that we need to reconceptualize privacy in a manner that will allow us to reap the rewards of neuroscience while still protecting our privacy and, ultimately, our humanity. Grant delves into our relationship with technology, the latest in what he describes as a historical series of 'magnitudes', following Deity, the State and the Market, proposing the idea that, for this new magnitude (Technology), we must control rather than be subjected to it. In this provocative work, Grant unveils a radical account of privacy and an equally radical proposal to create the social infrastructure we need to support it.

Contents:

Cover

Half-title

Title page

Copyright information

Contents

Acknowledgements

1 Introduction

Contemporary Privacy and Its Environment

Unearthing a Foundational Dynamic

Neuroscience and the New Technological Territory

Privacy Theory, Its Concerns and Its Complications

Normalisation: The Reason to Seek a New Sense of Values

The Values for a New Privacy

The Functioning of the New Sense of Privacy

Establishing the New Sense of Privacy Will Require Institutional Support

Regulation

Beginning to Reimagine the Law

Beginning to Reimagine the State

Beginning to Reimagine the Market

Aim of the Book

Plan of the Book

Part I Privacy

2 Privacy, Neuroscience and Algorithms

Outline placeholder

The Artificial Intelligence Context

The Breadth and Depth of Neuroscientific Research

What Emerging Neurotechnologies Are Telling Us about the Brain

Primal Cognitive Experience

How the Brain Functions

How the Brain Can Be Brought to Function - Prostheses, Stimulation, Nanotechnology, Genetics

How the Brain Can Be Brought to Function - Bidirectional Interfaces

Expanding the Brain: Whole Brain Simulation, Substrate Extension, Neurohybrids

Algorithmic Neuroscience as Problematic

The Widening Application of Algorithms

Emerging Implications

Algorithmic Constructivism

Digital Metaphysics

Some Deeper Themes in Kantian Idealism

Kantianism in the World of Information - Floridi

Kantian Informational Idealism as Mythological

The Trajectory Persists through the Finessing of Its Flaws

Emerging Neuroscience Finds a Place in the Trajectory

Some Summary Comments

Broader Implications

Virtual Reality

Virtual Reality as Beneficial

Virtual Reality as Problematic

Augmented Reality

The Plasticity of the Self

Conclusion

3 The Frailty of Privacy Theory.

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The Absence

The Evidence That Points to Existential Concerns

Present Understandings of Privacy

Context and Themes

The Constitution, Case Law and Privacy

Lessons from Constitutional Privacy Theory

Privacy as the Selected Flow of Information

Lessons from the Flow of Information Account

Concluding Comments

4 Privacy as the History of Normalisation

An Alternative Frame

Principles of Normalisation

Normalising Deity

Confession as a Ritual of Mythological Subjection

First Commandment

Second Commandment

Third Commandment

Fourth Commandment

Fifth Commandment

Sixth and Ninth Commandments

Seventh and Tenth Commandments

Eighth Commandment

A Word on Foucault

Foucault on Normalisation

The Normalising State

The Eighteenth Century

Elias

Civilitas

Foucault and Elias

Criticisms of Foucault and Elias

Comment

Analysis

The Normalising Market

Hayek

The Market, the Consumer and Marketing

Freedom Is Claimed by Neoliberalism

A Different Understanding of the Consumer

Consumerism as Debt to the Market

Normalising Technology

Heideggerean Authenticity

Algorithmic Normalisation

Technologies of the Self

A Note on the Bourgeoisie

Concluding Remarks

5 Privacy, Its Values and Technology

The Recent Form of Floridi's Ethics

Capurro

An Alternative Ethical Proposal

Background

Digital Ethics and Respectful Self-Responsibility

The Broad Ethical Framework

Common Ethical Principles

Human Dignity

Liberty

Identity

Responsibility

Democratic Principles

Equality

Human Rights and the Technologies of the Body

Common Good

An Alternative Value Frame: Respectful Responsibility to and for Oneself

Existential Values

Self-Responsibility and Other Values.

A Further Note on the Bourgeoisie

6 A New Sense of Privacy

The Way Forward

Counter-forces

A Very Different View of Privacy

The New Privacy Will Be Progressive and Conservative

Progression and Conservation - Broad Themes

Progression - Some Specifics

Conservation - Some Specifics

Alternative Accounts

Some Applications of New Privacy

Summary of Part I

Part II Regulation

7 Reimagining Regulation

A Common View of Regulatory Power

Responsive Regulation - The Principles

Regulation as Biopower, the Planning of Space and Algorithmic Determinism

The Curious Case of Responsive Regulation - The Fasken Lecture

What Is Curious

The Argument

Pettit's Republicanism

Braithwaite Follows Pettit into the Trajectory

If Not Responsive Regulation, Then What?

An Alternative Version of Responsive Regulation

8 Regulation and the Law

The Need for a Constitutional Frame for a Non-mythological Law

The Rule of Law

Prominent Views of the Rule of Law

Anatomy and Teleology

Waldron, Krygier and Teleology

A New Rule of Law: Risk, Purpose-Based Organisations and Fiduciary Trust

Purpose-Based Agencies

Fiduciary Principles Can Deliver Respectful Self-Responsibility

Trust

Trust Claimed as the Key to Institutional Authority and Law

Trust and the Rule of Law

9 Regulation and the State

The State as a Regulating Magnitude

Regulatory Dispersal of Sovereignty, but What of Accountability?

The Regulatory State Impacts on Individuals

Accountability, Criminal Responsibility and Neuroscience

The State and Technology

The State Becomes Digital

State as Digitally Avaricious

Other Key Features of the Digital State: Data, Surveillance, Democratic Values and Regulation

A Way Forward

The Fiduciary State.

Principles of a Non-mythological Justice System

Mythological Justice

Non-mythological Justice

10 Regulation and the Market

The Market Is Mythological

The Mythology of Salomon v. Salomon

The Fourteenth Amendment and the 'Personal' Powers of Corporations

Regulatory Capitalism

Corporate Motivation

Corporate Behaviour in the Digital Age

The Dimension of the Problem of Corporate Algorithms

Key Factors in the History of the Corporation

New Corporate Strategies to Promote Respectful Self-Responsibility

The Need to Go Further

Roadblocks to Further Progress

Outline of a Non-mythological Corporation

Broad Context

Competition

Consumer Protection

Corporate Use of Personal Data

Preferred Manner of Data Use by Corporations

Employee Relations

Summary of Part II

Bibliography

Index.

Notes:

Title from publisher's bibliographic system (viewed on 09 Apr 2021).

ISBN:

1-108-87982-9

1-108-85818-X

1-108-88393-1

OCLC:

1248959248