scholarly journals Title 2.0: Discrimination Law in a Data-Driven Society

2019 ◽  
Vol 2019 ◽  
pp. 36-52
Author(s):  
Bryan Casey

More than a quarter century after civil rights activists pioneered America’s first ridesharing network, the connections between transportation, innovation, and discrimination are again on full display. Industry leaders such as Uber, Amazon, and Waze have garnered widespread acclaim for successfully combatting stubbornly persistent barriers to transportation. But alongside this well-deserved praise has come a new set of concerns. Indeed, a growing number of studies have uncovered troubling racial disparities in wait times, ride cancellation rates, and service availability in companies including Uber, Lyft, Task Rabbit, Grubhub, and Amazon Delivery. Surveying the methodologies employed by these studies reveals a subtle, but vitally important, commonality. All of them measure discrimination at a statistical level, not an individual one. As a structural matter, this isn’t coincidental. As America transitions to an increasingly algorithmic society, all signs now suggest we are leaving traditional brick and-mortar establishments behind for a new breed of data-driven ones. Discrimination, in other words, is going digital. And when it does, it will manifest itself—almost by definition—at a macroscopic scale. Why does this matter? Because not all of our civil rights laws cognize statistically-based discrimination claims. And as it so happens, Title II could be among them. This piece discusses the implications of this doctrinal uncertainty in a world where statistically-based claims are likely to be pressed against data-driven establishments with increasing regularity. Its goals are twofold. First, it seeks to build upon adjacent scholarship by fleshing out the specific structural features of emerging business models that will make Title II’s cognizance of “disparate effect” claims so urgent. In doing so, it argues that it is not the “platform economy,” per se, that poses an existential threat to the statute but something deeper. The true threat, to borrow Lawrence Lessig’s framing, is architectural in nature. It is the algorithms underlying “platform economy businesses” that are of greatest doctrinal concern—regardless of whether such businesses operate inside the platform economy or outside it. Second, this essay joins others in calling for policy reforms focused on modernizing our civil rights canon. It argues that our transition from the “Internet Society” to the “Algorithmic Society” will demand that Title II receive a doctrinal update. If it is to remain relevant in the years and decades ahead, Title II must become Title 2.0.

2020 ◽  
Author(s):  
Nathan Schneider ◽  
Morshed Mannan

The platform economy is facing a crisis of accountability. Large Internet platforms, once regarded as sources of hope for democratic social movements or engines of a promising new economy—or, at worst, just superficial distractions—are now facing serious public scrutiny across the globe. The executives of Facebook, Google, and Twitter have been called before the US Congress to account for their roles in enabling foreign election interference. Scholars have raised concerns about algorithmic, data-driven business models, the exploitation of digital labor, the abuse of market power, corporate governance failures, manipulation by oppressive governments, opacity and arbitrariness in content moderation, and corporate surveillance, to name just a few in an ever-growing body of literature on the depredations of the platform economy. This Article suggests that platform stakeholders, including its users, might find such a bloc through the tools offered by corporate ownership, and that founders and early investors in platform companies might see reasons to seek such an arrangement.


2021 ◽  
pp. bjophthalmol-2020-317683
Author(s):  
Yih-Chung Tham ◽  
Rahat Husain ◽  
Kelvin Yi Chong Teo ◽  
Anna Cheng Sim Tan ◽  
Annabel Chee Yen Chew ◽  
...  

COVID-19 has led to massive disruptions in societal, economic and healthcare systems globally. While COVID-19 has sparked a surge and expansion of new digital business models in different industries, healthcare has been slower to adapt to digital solutions. The majority of ophthalmology clinical practices are still operating through a traditional model of ‘brick-and-mortar’ facilities and ‘face-to-face’ patient–physician interaction. In the current climate of COVID-19, there is a need to fuel implementation of digital health models for ophthalmology. In this article, we highlight the current limitations in traditional clinical models as we confront COVID-19, review the current lack of digital initiatives in ophthalmology sphere despite the presence of COVID-19, propose new digital models of care for ophthalmology and discuss potential barriers that need to be considered for sustainable transformation to take place.


2021 ◽  

The Social Media Handbook provides guidance on long-term developments in the ever-changing social media sector and explains fundamental interrelationships in this field. It describes a strategy model for the development of one’s own solutions, summarises the theories, methods and models of leading authors and shows their practical application, while also highlighting current developments and dealing with the topic of data processing in social media. An examination of the platform economy with its economic functions facilitates the classification of business models in social media. The book also shows how platforms and their algorithms can influence our actions and shape our opinions. With contributions by Prof. Karin Bjerregaard Schlüter, Andrea Braun, Franziska Geue, Tobias Knopf, Markus Korbien, Prof. Dr. Daniel Michelis, Stefan Pfaff, Thanh H. Pham, Tom Reichstein, Prof. Dr. Anna Riedel, Michael Sarbacher, Prof. Dr. Dr. Thomas Schildhauer, Prof. Dr. Hendrik Send, Dr. Stefan Stumpp, Prof. Dr. Sebastian Volkmann, Jan-Benedikt Weber, Julia Weißhaupt, Norman Wiebach und Prof. Dr. Christian Wissing.


2019 ◽  
Vol 46 (8) ◽  
pp. 622-638
Author(s):  
Joachim Schöpfel ◽  
Dominic Farace ◽  
Hélène Prost ◽  
Antonella Zane

Data papers have been defined as scholarly journal publications whose primary purpose is to describe research data. Our survey provides more insights about the environment of data papers, i.e., disciplines, publishers and business models, and about their structure, length, formats, metadata, and licensing. Data papers are a product of the emerging ecosystem of data-driven open science. They contribute to the FAIR principles for research data management. However, the boundaries with other categories of academic publishing are partly blurred. Data papers are (can be) generated automatically and are potentially machine-readable. Data papers are essentially information, i.e., description of data, but also partly contribute to the generation of knowledge and data on its own. Part of the new ecosystem of open and data-driven science, data papers and data journals are an interesting and relevant object for the assessment and understanding of the transition of the former system of academic publishing.


Author(s):  
Alec Christian ◽  
Shang Jia ◽  
Patricia Zhang ◽  
Arismel Tena Meza ◽  
Matthew S. Sigman ◽  
...  

We report a data-driven, physical organic approach to the development of new methionine-selective bioconjugation reagents with tunable adduct stabilities. Statistical modeling of structural features described by intrinsic physical organic parameters was applied to the development of a predictive model and to gain insight into features driving stability of adducts formed from the chemoselective coupling of oxaziridine and methionine thioether partners through Redox Activated Chemical Tagging (ReACT). From these analyses, a correlation between sulfimide stabilities and sulfimide  (C=O) stretching frequencies was revealed. We ex-ploited the rational gains in adduct stability exposed by this analysis to achieve the design and synthesis of a bis-oxaziridine reagent for peptide stapling. Indeed, we observed that a macrocyclic peptide formed by ReACT stapling at methionine exhibited improved uptake into live cells compared to an unstapled congener, highlighting the potential utility of this unique chemical tool for thioether modification. This work provides a template for the broader use of data-driven approaches to bioconjugation chemistry and other chemical biology applications.


2021 ◽  
Vol 11 (2) ◽  
pp. 122-144
Author(s):  
Rocío Gallego Losada

This article reflects on the vulnerability of the new digital platform workers regarding their social rights, a highly controversial issue at the doctrinal and jurisprudential levels. Firstly, we analyse the greater job instability and lack of protection experienced by the workers in this type of platforms, and the labour legal framework that derives from these new business models. In this sense, the current doctrine can be grouped into two positions: a first one which defends that these workers should be considered employees and, therefore, remain under the umbrella of the general labour legislation; and a second one, that proposes a legal transformation to include these special workers. Secondly, we analyse the effects derived from the growing development of the platform economy for the Spanish Social Security system. This analysis focuses both on the effects of the protective action of the welfare state for their workers, as well as on its impact on the financing of the public pension system. The article draws a series of final conclusions warning about the possible crash of the fundamental social rights of platform workers.


Web Services ◽  
2019 ◽  
pp. 882-903
Author(s):  
Izabella V. Lokshina ◽  
Barbara J. Durkin ◽  
Cees J.M. Lanting

The Internet of Things (IoT) provides the tools for the development of a major, global data-driven ecosystem. When accessible to people and businesses, this information can make every area of life, including business, more data-driven. In this ecosystem, with its emphasis on Big Data, there has been a focus on building business models for the provision of services, the so-called Internet of Services (IoS). These models assume the existence and development of the necessary IoT measurement and control instruments, communications infrastructure, and easy access to the data collected and information generated by any party. Different business models may support opportunities that generate revenue and value for various types of customers. This paper contributes to the literature by considering business models and opportunities for third-party data analysis services and discusses access to information generated by third parties in relation to Big Data techniques and potential business opportunities.


2018 ◽  
pp. 1560-1580 ◽  
Author(s):  
Pablo Penas Franco

This chapter explains the digital disruption that has occurred and is still happening in the retail industry. It explains the relative positions of the world's leading retailers Wal-Mart, Amazon and Alibaba and the business models of the two top online competitors. It focuses on the impact of SMAC (Social, Mobile, Analytics and Cloud) technologies and new retail trends enabled or boosted by technology such as omni-channel, customer experience, internet of things (IoT) and analytics, fulfillment and delivery. It deepens into IT and business model customer-centric design, the role of the customer and the store in the new digital retail and finishes with an assessment of ROI in retail digitization. The chapter concludes the fundamental IT-enabled changes of digital disruption are critical for all players, traditional brick-and-mortar retailers, pure online players and those with both an online and an offline presence.


2019 ◽  
Vol 33 (4) ◽  
pp. 429-435 ◽  
Author(s):  
Mohamed Zaki

Purpose The purpose of this paper is to discuss digital transformation and its four trajectories – digital technology, digital strategy, customer experience and data-driven business models – that could shape the next generation of services. This includes a discussion on whether both the market and organizations are all ready for the digital change and what are the opportunities that will enable firms to create and capture value though new business models. Design/methodology/approach Providing services is a proven and effective way to secure a competitive position, deliver long-term stable revenues and open up new market opportunities. However, it is also clear that some organisations are struggling to digitally transform. Therefore, the commentary provides a brief insight into how firms explore the possibilities of digital transformation and navigate these uncharted waters. Findings Today’s digital technologies affect the organisation outside and in, enabling the creation of new business models and transforming the customer experience. The incumbents are acutely aware that they need to transform strategically – to build new networks and value chains. Originality/value This commentary extends earlier work exploring the digital disruption within services to highlight a number of connected areas: the challenges and opportunities of digital transformation at a strategic level, as well as understanding and enhancing the customer experience and seeing how new data-driven business models can underpin service transformation.


Sign in / Sign up

Export Citation Format

Share Document