“As society becomes more measurable, our reliance on unmeasurable legal rules has been brought into question. Why have we used uniform legal rules so far? One answer can be that in accomplishing the purpose of law – namely, to realize justice – uniformity has been embraced as a way for legal systems to deal with this goal in a feasible fashion. Before the era of quantifying human behavior in cyberspace, mapping populations and gathering psychometric data about households and individuals was practically impossible because of price-prohibitive standards of data collection. As our lives increasingly move online, that is no longer the case. Profiling practices feeding off the digital footprint of citizens and consumers have created opaque markets and attracted new types of risks and harms, such as situational digital vulnerability and digital asymmetry …”
Catalina Goanta, The Ancient Alien: Good Faith as the Facilitator of Personalized Law, University of Chicago Law Review Online 9 March 2022.
First posted 2022-03-10 10:00:24
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