Tuesday, April 9, 2013

Lawfulness with Big Data



Do these analytics fairly present relevant facts that trigger a legal rule or response?  From the lawyer at the bar in an evidentiary motion, to an in-house counsel in the C-Suite, that's the question in this age of incomprehensible volumes of information. 

In cases such as white collar fraud, or a mass conspiracy racket, data about relationships and patterns will be presented for admissibility to judges who may not have taken statistics in college.   Lawyers need to know if all available information was calculated, and if the numbers were presented fairly. Once deemed admissible, data analytics needs to be presented to a lay jury for persuasion. Data Analysis for lawyers will no doubt become a cottage industry.

General Privacy (in addition to Fourth Amendment matters) will become an even hotter topic as the vast resources of the government (and corporations) begin to gather a picture of each of us, in a fair light or not.  As individuals we do not have to capacity to gather as much data, analyze it, or present it in a way to correct our reputations.

Lastly, the national security apparatus, including Congressional Committees and FISA courts, needs to take care not to allow parts of the government to overly monitor the daily lives of the people.  Undoubtedly, our frames of ethics and equity will shift with technical capability, but the law needs to be dynamic enough to only allow outcomes that society wants.

No comments:

Post a Comment