Chief Justice Shaw and the Formative Period of American Railroad Law: I

Levy, Leonard W.

doi:10.2307/1119287

Cited by 3 publications

(3 citation statements)

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“…By bringing attention to the rebranding of surveillance practices once maligned as the thin edge of a totalitarian wedge, it is hoped to highlight the surveillance aspects of digitalisation as contingent, rather than inevitable, and which can therefore be resisted or refused. Identifying changes in our representation and understanding of surveillance practices helps to show how it has been possible to shift from thinking of surveillance practices as an obvious problem, to their normalisation (Levy, 2015). If surveillance practices can potentially undermine democratic systems of government, then it is necessary to recognise this shift so as not to obscure the lived effects of practices which may remain, despite their rebranding, as well as to open up possibilities to question, resist or even refuse them.…”

Section: Concluding Discussionmentioning

confidence: 99%

The transformation of surveillance in the digitalisation discourse of the OECD: a brief genealogy

Padden

2023

Internet Policy Review

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In democratic states, mass surveillance is typically associated with totalitarianism. Surveillance practices more limited in their scope draw criticism for their potential to undermine democratic rights and freedoms and the functioning of representative democracies. Despite this, citizens living in political systems classed as democratic are increasingly subject to surveillance practices by both businesses and governments. This paper presents the results of a genealogy of OECD digitalisation discourse from the 1970s to the present to show how both harms and benefits of surveillance practices have been problematised. It shows how practices once considered unacceptable are increasingly portrayed as neutral, or even positive. A shift is identified from general agreement over the incompatibility of surveillance practices with democracy to greater acceptance of those practices when rebranded as tools to promote customisation, economic growth or public health. This transformation is significant because it: (1) shows the inherent instability of policies anchored to seemingly fixed or self-evident concepts such as 'well-being' or 'public interest'; (2) highlights the fragility of democratic systems when things deemed harmful to their operation can be repurposed and subsequently permitted; and (3) highlights the contingency of (seemingly inevitable) surveillance practices, thereby opening up a space in which to challenge them.

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Section: Concluding Discussionmentioning

confidence: 99%

The transformation of surveillance in the digitalisation discourse of the OECD: a brief genealogy

Padden

2023

Internet Policy Review

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“…Deputies may view reporting on their peers as a “civic duty,” akin to paying taxes, serving on a jury, or completing military service, connecting the duty to report to the protection of their community. These motivations package surveillant behaviors with emotional commitments and logics of care, and they may emphasize the negative consequences to victims of crime (Levy, 2014; Stark & Levy, 2018). Appeals to deputization commonly appeal to these themes, as seen in the Department of Homeland Security's “If You See Something, Say Something” messaging, deployed after September 11, 2001, which implore civilians to perform surveillance in the name of preventing terrorism (Figure 4).…”

Section: Hypothesis 1: Interest Convergencementioning

confidence: 99%

Surveillance deputies: When ordinary people surveil for the state

Brayne,

Lageson,

Levy

2023

Law Soc Rev

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The state has long relied on ordinary civilians to do surveillance work, but recent advances in networked technologies are expanding mechanisms for surveillance and social control. In this article, we analyze the phenomenon in which private individuals conduct surveillance on behalf of the state, often using private sector technologies to do so. We develop the concept of surveillance deputies to describe when ordinary people, rather than state actors, use their labor and economic resources to engage in such activity. Although surveillance deputies themselves are not new, their participation in everyday surveillance deputy work has rapidly increased under unique economic and technological conditions of our digital age. Drawing upon contemporary empirical examples, we hypothesize four conditions that contribute to surveillance deputization and strengthen its effects: (1) when interests between the state and civilians converge; (2) when law institutionalizes surveillance deputization or fails to clarify its boundaries; (3) when technological offerings expand personal surveillance capabilities; and (4) when unequal groups use surveillance to gain power or leverage resistance. In developing these hypotheses, we bridge research in law and society, sociology, surveillance studies, and science and technology studies and suggest avenues for future empirical investigation.

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“…In addition, victims/survivors had their access to services withheld or cut (Douglas et al, 2019). While professionals frequently advise victims/survivors to disconnect or undertake a 'digital detox' (Levy, 2014), this approach isolates victims/survivors, from their supports and potentially interferes with their ability to engage in work and education. Douglas et al (2019) also highlight that it is unfair to ask victims/survivors, to forsake their social links and connectedness when it is the perpetrator who has mis-used the technology.…”

Section: Barriers To Resistancementioning

confidence: 99%

Technology-Facilitated Abuse in Intimate Relationships: A Scoping Review

Rogers

Fisher

Ali

et al. 2022

Trauma, Violence, & Abuse

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Technology-facilitated abuse (TFA) is a significant, harmful phenomenon and emerging trend in intimate partner violence. TFA encompasses a range of behaviours and is facilitated in online spaces (on social media and networking platforms) and through the misuse of everyday technology (e.g. mobile phone misuse, surveillance apps, spyware, surveillance via video cameras and so on). The body of work on TFA in intimate relationships is emerging, and so this scoping review set out to establish what types of abuse, impacts and forms of resistance are reported in current studies. The scoping review examined studies between 2000 and 2020 that focused on TFA within intimate partnerships (adults aged 18+) within the setting of any of these countries: the UK and Ireland, USA, Canada, New Zealand and Australia. The databases MEDLINE, CINAHL and Scopus were searched in December 2020. A total of 22 studies were included in the review. The main findings were that TFA is diverse in its presentation and tactics, but can be typed according to the eight domains of the Duluth Power & Control Wheel. Impacts are not routinely reported across studies but broadly fall into the categories of social, mental health and financial impacts and omnipresence. Similarly, modes of resistance are infrequently reported in studies. In the few studies that described victim/survivor resistance, this was in the context of direct action, access to legal or professional support or in the identification of barriers to resistance.

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Chief Justice Shaw and the Formative Period of American Railroad Law: I

Cited by 3 publications

References 0 publications

The transformation of surveillance in the digitalisation discourse of the OECD: a brief genealogy

The transformation of surveillance in the digitalisation discourse of the OECD: a brief genealogy

Surveillance deputies: When ordinary people surveil for the state

Technology-Facilitated Abuse in Intimate Relationships: A Scoping Review

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