morality – UAB Institute for Human Rights Blog

Why Big Data is a Human Rights Concern

What Is Big Data?

Big Data refers to the collection and use of massive volumes of data to study, understand, and predict human behavior. Big data or predictive analytics is a new field that is growing fast. In order to predict human behavior with a high degree of accuracy, data researchers require millions of data points. Collecting this data is far easier than using it to make useful predictions. A large portion of these researcher’s work lies in organizing and manipulating the data into a format that allows for detailed analysis to be conducted. Researchers make use of highly advanced algorithms to process data and make useful predictions about future human behavior. Many of the world’s largest tech and social media companies, including Google, Amazon, Facebook, Twitter, and Snapchat are at the forefront of this industry. In this article, I will focus on the cases of China and Facebook. To clarify Big Data and Artificial Intelligence are not the same thing. Rather Big Data is a general term referring to the collection of massive amounts of information and algorithms to make predictions on future outcomes. Artificial Intelligence falls under Big Data but it is a distinct subcategory that refers to the programming of computers to do tasks that normally require human intelligence. This can range from Tesla’s self-driving car mode, Siri’s speech recognition, or Amazon’s predictions for shopping habits.

The primary reason is that these companies are perfectly positioned to make use of Big Data. Each of these companies has access to the information of millions of their users and customers, which allows them to fulfill the massive amount of data needed for Big Data research. Many governments are also becoming increasingly involved with the use of predictive analytics. Examples of the use of Big Data are counter-terrorism, personalized ads, increasing work productivity, and predicting virus outbreaks.

Why Is Big Data Concerning?

While Big Data presents many possibilities for good, it raises many moral and ethical concerns. The primary concern is an individual’s right to privacy online. In the United States and many countries around the world, personal rights to privacy in the physical world are well established. Law enforcement, or anyone for that matter, cannot search our belongings, homes, cars, or persons without consent unless there are legal grounds for probable cause and a warrant to search. However, most of these laws and regulations fail to extend to privacy rights for online activity. The quick rise of the Internet and the rapid pace of technological innovation has left these laws outdated and inadequate for the modern age where the Internet is a daily requirement for many peoples’ lifestyles. The Internet is necessary for most jobs, access to the news, social connectivity with friends and family, entertainment, and freedom of expression. One could make the argument that access to the Internet is an ‘inherent and inalienable’ human right under the ‘preservation of life, & liberty, & the pursuit of happiness’ guaranteed to all men in the Declaration of Independence. With it being the case that the Internet is an essential part of our lives that are increasingly becoming bigger and bigger, shouldn’t our rights to privacy extend to our time on the Internet? This is the human rights case being made for the creation of online privacy laws.

How Does Big Data Affect Me?

Currently, governments and companies are utilizing our information as they see fit with very little or in some cases no consent or oversight. Big Data has become a valuable commodity that is being bought and sold between these entities. Almost every aspect of our lives that is possible to monitor is being tracked with the widespread use of surveillance cameras, logging of browser search history, online purchasing habits, flight reservations, financial records, social media posts, and physical appearance and security data. Private companies, such as Facebook and Google, are using this data to create millions of detailed user profiles. These companies then monetize their customer information by selling access to other companies, governments, and organizations attempting to conduct research, target ads, or make other use of this massive amount of information. It is hard to even imagine how large Big Data is. The majority of billions of peoples’ online activities are being stored and collected. The data is so huge that no computer’s hard drive can store it all and it must be accessed through the cloud. Giant server farms located all around the world maintain and hold onto this personal data.

With this much personal information on this many people, there is a great risk for abuse. There are many well-documented scandals of misuse of personal data and illegal online surveillance by many governments. Companies have come under pressure for hacks and bugs that have exposed personal information on users, many of which weren’t even aware that their information was being collected. These instances are clear violations of basic human rights to privacy and further highlight the need for online privacy legislation.

China’s War on Online Freedom & Privacy

China is the largest country in the world by population, the world’s third largest economy behind only the United States and the European Union, and very advanced in terms of education and technological innovation. However, it also is responsible for the largest case of mass censorship, denial of freedom of Internet access, and mass online tracking and surveillance the world has ever seen. In 1995, China allowed the general public to have access to the Internet. However, the regime quickly realized the potential for political opposition movements to utilize the Internet as a means of protest and call for change. To combat this, the leaders enacted laws that punished those who used the Internet and posted anything that could be deemed to “hurt national security or the interests of the state.”

To enforce these laws the government invested heavily into a means of removing information that violated these terms and regulating the flow of data into and out of the country. This tool has become known as the “Great Firewall of China.” When Xi Jinping became president in 2012, he restricted access to the Internet further and increased the penalties for violating the country’s strict Internet laws. Xi mounted a heavy offensive against any resistance by arresting many individuals and punishing dozens of companies for violating his policies. China, under his rule, employs over two million people just to regulate and censor information that is contrary to the “interests” of the country. This has culminated into what has been labeled the Great Cannon, a massive team of Chinese government hackers that targets any site in violation of Chinese internet regulations.

China is a clear example of the dangers of the government having too much control over the internet. With no transparency or oversight, governmental abuse of power will often result. Xi was able to single-handedly suppress over a billion people’s rights, beliefs, and access to news and important information. These are risks when rights to the Internet and online privacy are not protected through legislation. Internet access and privacy laws will safeguard against the government violating the rights of citizens.

Does Facebook Care About My Privacy?

On the other end of the spectrum, the absence of regulation can also be detrimental. A lack of stringent internet privacy laws to control how big tech companies in the US can use the information of their user base has led to many citizens privacy rights being violated. One of the most alarming incidents came this past year with the Cambridge Analytica scandal. Cambridge Analytica collected the personal data of 87 million users due to Facebook’s inadequate safeguards against data harvesting and lack of oversight of Facebook developers.

Facebook has policies in place that have allowed people and companies claiming to conduct research the ability to gain access to users accounts if given permission. However, by one user downloading the developers’ app and agreeing to share their information, the information of every single one of that user’s Facebook friends could also be obtained. This flaw is what allowed 87 million people’s personal information to be improperly collected without their knowledge.

The app was created by a researcher at Cambridge University and programmed to harvest the data of the user and every one of that user’s friends. This brings up ethical concerns as well as a security issue. The vast majority, around 99.7%, of the 87 million accounts harvested was of user’s that were unaware that companies and researchers had possessed their information or how their information was being used. One wonders how Facebook could legally and ethically allow for millions of their user data to be harvested without consent. Even more concerning is the lack of protocols for ensuring that these companies’ motives are legitimate and that the data harvested is protected. Since there isn’t much oversight, this data was able to be licensed illegally to Cambridge Analytica and other companies for over a year before Facebook became aware of the incident. This isn’t an isolated case with The Washington Post reporting that Facebook announced “malicious actors” abused the search function to gather public profile information of “most of its 2 billion users worldwide.” Facebook’s lack of stringent safety measures to prevent the harvesting and abuse of user’s personal data is alarming. They have misused and failed to protect user data many times and have suffered little to zero punishment due to the lack of laws to hold them accountable.

What Needs to Happen to Protect Online Privacy

China and Facebook have shown us the dangers of not having well-crafted internet privacy laws and policies in place. It is clear that a balance needs to be struck on the level of internet regulation. With too much regulation the government has a large amount of power that could be abused as seen with China. However, a lack of regulation will allow private companies and citizens the opportunity to freely abuse the rights of others. The goal is to push for internet privacy laws that will adequately protect user rights while preventing either of these cases from occurring. When this is achieved then the human right to freedom of expression and privacy online will be secured for all people.

*additional resource

The Forced Virginity Testing of Women in Afghanistan

A woman with a white headscarf holding a poster that says "Afghanistan" — A demonstrator attends a rally by Afghanistan’s Hazara minority for community’s rights, outside the Brussels Conference on Afghanistan, Belgium, October 5, 2016. REUTERS/Francois Lenoir

Afghanistan has had a long history of being a patriarchal society. Cultural customs that have suppressed the rights of women have been popularized and justified on the basis of morality. With these customs largely targeting women behavior, Afghani women are faced daily with gender inequality. One of the most brutal threats is the risk of a barbaric practice called virginity testing. Many women at some point are forced to go through the painful examination. The procedure involves a medical professional forcing two fingers inside of the women’s vagina, often forced and against her wishes, in order to determine if the women’s hymen is still intact. One might ask why anyone would force women to endure an assault on their most private areas. The terrible answer is that virginity testing is done to ensure that the woman has not had sexual relations with any man.

In Afghanistan and other countries such as India that widely practice virginity testing, a woman’s virginity is highly coveted. It is a symbol of modesty and purity. The societal expectation is that it is never okay for women to have any sexual experiences outside of marriage. Women’s actions are extremely regulated and controlled by the men of the family. Having a virginity test is often required for many basic rights such as the option to go to school, obtain a job, or get married. Faced with limited choices, many women see no other way than to submit to the test out of fear of the repercussions.

The punishments for defying these unfair gender inequalities is severe. In fact, an Afghan woman found to have had sex before marriage is subject to prosecution and imprisonment under what is known as a ‘moral crime.’ The societal penalties extend much further than jail time. Girls are thought to have had premarital sex are publicly humiliated after word spreads of their failed virginity test. They are often ostracized by their families for bringing shame upon them. Some families will go so far as to commit honor killings which is the murder of a woman by her male family members for bringing shame upon the family. For a society to criminalize female sexuality and even threaten death is an egregious violation of female human rights.

The United Nations, World Health Organization, United Nations Women, and the United Nations Human Rights Council have all called for a global ban on the practice. However, this will not do these women much good. These organizations have no ability to enforce their will and can only hope to draw attention to the issue. There are many reasons to campaign for an end to virginity testing; for the purpose of this blog, I will highlight three. The first and most obvious reason is the disregard for a women’s right to say no. A woman should be allowed to deny any medical procedure that she does not wish to have for any reason. Any vaginal procedure done without consent is sexual and physical assault.

The second reason to outlaw this practice is that it continues unfair gender inequality and enforces unhealthy stereotypes. Why are only women required to undergo testing for sexual ‘purity’? Why is it that it is considered immoral for women to be sexually active and not men? This problem extends far beyond Afghanistan and is a worldwide issue. There is a clear gender bias against women having sex. On the other hand, men are often complimented for their sexual prowess. If gender equality is to be realized, then there needs to be a cultural cleansing of the many double standards placed on women.

Lastly, the most damning reason why vaginal testing shouldn’t be used is that it doesn’t work. The World Health Organization has found that there is no scientific basis for the claim that a torn hymen is evidence that a woman has had sexual intercourse. In fact, they have found that there are many nonsexual ways that the hymen can be damaged. For instance, the use of a tampon or being physically active in sports like gymnastics can cause the hymen to break. The sole reason for subjecting women to this painful test is to confirm that they are virgins. If a virginity test can’t prove whatsoever that they are or aren’t virgins then there is no logical explanation to continue this practice.

Afghani girls — A female engagement team from Combined Task Force Lightning, met with women and girls to focus on health education at Baqi Tanah, Spin Boldak District, Kandahar province, Afghanistan, June 20. Source: DVIDSHUB, Creative Commons.

Currently, there are several thousand women, many as young as 13, imprisoned for failing one of these inconclusive virginity tests. On top of being imprisoned with faulty evidence for an unjust crime, these girls are subjected to terrible prison conditions. Farhad Javid is in charge of Afghanistan’s division of Marie Stopes International, an organization focused on protecting women’s sexual rights. Javid recently visited the Mazar-i-Sharif prison where many women convicted of ‘moral’ crimes are held. He found that these women face severe overcrowding, lack of access to proper healthcare, and constant, daily sexual assault. Women falsely convicted of having sex have reported being frequently forced to have sex with prison guards and staff. Due to the lack of reliable evidence of these women’s alleged crimes and the inhumane treatment these girls are facing in prison, Javid is campaigning for the immediate release of all women being imprisoned for ‘moral’ crimes.

Unfortunately, even after being released from prison these women will have lasting problems. For the rest of their lives, they will have to deal with the trauma and memories of the forced virginity test as well as the sexual abuse they underwent in prison. On top of this, they will likely have a hard time finding stability. Despite being falsely convicted with invalid evidence, their reputations have been permanently and irreparably stained. For most of these girls, their families have already disowned them. They have no intention of taking back a daughter who they believe to have committed ‘moral’ atrocities that have brought shame upon their family. Also, these girls have been imprisoned at young ages and have not completed an education or have been married. With no family, husband, or education to support themselves with and nowhere to go these women’s future outlooks are grim. There aren’t many resources available to women in Afghanistan without a family or support system. The majority will end up at overcrowded and underfunded women’s shelters. Without proper protection, they are in constant threat of violence or rape. Their lives will be constantly haunted by this ordeal like being branded by a scarlet letter.

It is astounding how easy it is for these women’s entire lives to be turned upside down. Simply walking down the street with a boy or getting a ride home from a boy is enough to get reported to the police by family members or neighbors. The authorities waste no time ordering a virginity test. Despite the girl having done nothing wrong, there is a real and terrifying chance that she will fail the unreliable test and be imprisoned. It is obvious that much change is needed to prevent this same tragedy from happening to more innocent young girls.

The solution to this problem lies at the local level. If the people are well-informed about the test’s ineffectiveness, then they will stop requesting the examination take place. A massive public relations campaign could be used to accomplish this task. Local governments need to partner with the many nonprofit organizations committed to helping improve the rights of women. By doing so these local governments will have the necessary funding and manpower to launch a public relations campaign with individuals well qualified to teach the public about the ineffectiveness of virginity testing. Another solution is proposed by Javid and the Marie Stopes Afghanistan. Recently Marie Stopes helped the Afghanistan government to create a new policy that discourages doctors from pursuing these tests. The policy states that virginity tests have no scientific credibility and should not be administered by health care professionals for the purpose of determining if a girl is a virgin. Marie Stopes is sending out doctors to both train hospital staff and ensure the new policy is carried out and taken seriously at each hospital in Afghanistan. This initiative aims to tackle the problem by reducing the credibility of virginity testing. If no licensed doctors are willing to perform the procedure due to official public policy, then the hope is that law enforcement will stop requesting and in some cases pressuring doctors to conduct virginity testing on suspected girls. Law enforcement will be forced to subject girls to exams by unlicensed non-professionals if they wish to continue the use of virginity testing. This will lower the integrity of their claims of proving the state of a girl’s virginity and will surely aid in gaining local support to end the barbaric practice.

If the work to accomplish this solution is continued, then real progress will be made. If the government and culture of Afghanistan can be open to a small amount of change then thousands of other girls can be saved from such terrible experiences. While there are many other unfair gender practices common in this region, this campaign will be a large step towards the path to gender equality. With continued public relations campaigns and pressure for governmental action, an Afghan society that treats women fairly and empowers them to be in control of their lives will be enacted.

The Complex Practicality of Love

Excerpts from profound leaders, such as Gandhi, Mandela, and King, become useful during times of civil unrest. Their words seemingly echo the heart, inspiring both comfort and action for a moment. However, the full weight of their words remains unheeded and leave the daily lives of some who ferry them out as temporary mantras. One reason is lack of context. The words themselves are out of context because the remainder of the speech or sermon discarded, and the sacrifice of the lived life narrowed to a soundbite or repost. We will look at the legacy and words of Dr. Martin Luther King, Jr. over the next few blog posts. The goal is to see if the words he spoke and life he lived find application in society today. This small project is in conjunction with the 54^th anniversary of the March on Washington where Dr. King famously declared, “I Have a Dream.” Writers have looked across the depth of King’s work, found pieces with modern day applications, and have written powerful analyses.

Dr. King, on 17 November 1957, preached a sermon at Dexter Avenue Baptist Church in Montgomery, Alabama, entitled, “Loving Your Enemies”. This sermon is the basis of this blog.

The sermon, based on Matthew 5 in the scripture, demands believers do four things when it comes to their enemies: love them, bless them, do good to them, and pray for them. King uses this sermon to cultivate a paradigm shift about the nature of love, while also breaking down its complexity into practical applications. He argues what seems like impractical idealism is practically realistic because of love. There is a recognition that loving an enemy—those who seek to defeat you–is difficult. Yet, as a mandate of Jesus, it is the individual’s Christian and moral responsibility to understand and live out this command. The first step in initiating and implementing love is self-analysis.

America has long prided itself on being a Christian nation and police officer of the world, often to the disparagement of allies and enemies alike. King asserts the element of bravado may arouse resentment and hostility by other nations when they view from afar the injustices taking place by the American government against her citizens. “There might be something within you that arouses the tragic hate response in the other individual. This is true in our international struggle… in spite of all the weaknesses and evils inherent in communism, we must at the same time see the weaknesses and evils with democracy” (44). He confesses democracy itself is the greatest conception of man, although its weakness lies in the trampling of “individuals and races with the iron feet of oppression” through mechanisms such as colonialism and imperialism. He considered the success of other ideologies, like communism (at the time), lay in the failure of democracy to hold to its principles and ideals (41-5). For America, as a nation of individuals, to love their enemies, an internal analysis of how we treat each other is required.

Many believe the present conversation about racism is a perpetuated by the media. The belief ‘if I don’t see racism in my community, then it must not actually exist’ creates a deniability that hinders the plausibility of justice and liberty for all. A united self-analysis could assist in the identification and acceptance of the knowledge that racial tension has been a factor in the American narrative since the pilgrims arrived on the shore. This acknowledgment will confirm the notion that the election and presidency of Barack Obama did not remove the established tension. The political platform of speaking to the “left-behind” sparked a populist movement that further exasperated the divide.

In a November interview with 60 Minutes, when informed of the horrific behaviors taking place around the country under the banner of “Trump’s America”, he denied liability and culpability, simply stating, “stop it.” He has recently come under fire for his duplicity on the attacks in Charlottesville. Some shouted the current president emboldened white nationalist ideology and the hate-filled attacks that took place during the campaigning process and have continued over the past seven months; others remain stoic in their support of him. However, last week as a measure of notice and concern for the rise of vitriol and violence, the Committee on the Elimination of Racial Discrimination (CERD) released its “Early Warning and Urgent Action Procedures” report. The report calls upon, urges, and recommends the US, a a State Party on the Convention for the Elimination of Racial Discrimination to

“fully respect its international obligations…to not only unequivocally and unconditionally reject and condemn racist hate speech and racist crimes but to actively contribute to the promotion of understanding, tolerance, and diversity between ethnic groups; ensure that all human rights violations which took place in Charlottesville…are thoroughly investigated; the government… identify and take concrete measures to address the root causes of the proliferation of such racist manifestations; ensure the rights to freedom of expression, association and peaceful assembly are not exercised with the aim of destroying or denying the rights and freedoms of others.

Second, look for the good as a countermeasure to each hate-filled thought. The decision to identify the good forces each of us to confront the “many occasions that each of us is something of a schizophrenic personality… there is something of a civil war going on within all of our lives” (45). King labels it ‘the isness versus the oughtness’: the recalcitrant South of our soul in revolt of the North of our soul. Synthesizing teachings from Ovid, Goethe, and the Apostle Paul, he concedes the division within us is the knowledge of good but the choice to do bad; a cry, that at the core, each of us has had at one point of another in life (45-6). In other words, choose radical empathy. Hate and discrimination extend beyond race; let us look at Muslims and Islamophobia as an example.

King declares hate removes the ability to see the “image of God” whereas love, challenges what the eyes see because “no matter what he does, you see the image of God there. There is an element of good that can never slough off” (46). A tenet of the US Declaration of Independence is states the Creator has endowed with inalienable rights to all humanity; this belief is also foundational to the Christian faith. Since the aftermath of 9/11, American Muslims are at the center of significant discrimination and hate. Harassed for their hijab and religious beliefs, the blanket assumption that each Muslim is a terrorist and actively threatening the wellbeing of Americans with sharia law and Islamic fundamentalism is contrary to the founding principles of this nation, and the principles of Islam itself. Even President Obama found himself on the receiving end of a birther conspiracy and dissention labeling him a secret Muslim. When considering this entrenched and unjustified hate, is it feasible to believe that reposting “hate cannot drive out hate, only love can do that” automatically removes the racial, religious, and psychological injustices of innocent Muslims over the last 16 years? Does it absolve the character assassination of Obama? Does it remove the stigma unfairly applied to millions of Hispanics, specifically Mexicans, labelled rapist, drug dealer, or job stealer? Or any marginalized population in America?

Third, choose not to defeat your enemy, even if the perfect opportunity presents itself (47). The Greek language has several words for love, including eros, philia, and agape. Agape love looks for creative ways to win the one who hates over to love’s side by bridging the distance in the same way Christ did for the world in John 3:16. True love contains the refusal to defeat individuals; the goal of love is to defeat the system, which generated and perpetuated the distance that results in hate. Agape love seeks conversion, not defeat. King suggest when we act on agape love, we love “not because people are likable but because God loves them. You look at every man, and you love him because you know God loves him…” (48-49). Love is a stronger feeling than like. Like is swayed by perception and attitudes; love, on the other hand, is consistent in nature due to its rooting in the soul. At the core of the soul, love allows for acceptance of the person while disagreeing with the behavior. Let us take the removal of Confederate monuments as an example.

love never ends from 1 Cor 13 — love never ends. Source: Carmela Nava, Creative Commons

The removal of confederate symbols, for many, is an affront to their white heritage and an assault on the historical narrative of America. What many have failed to discern is that the erection and permanent reminder of the historical narrative of confederate whites in America is, and has always been, an affront to the heritage of Americans of African descent. Racial unity in the United States of America requires the truth that hate has existed at the core of this country, permeating through every institution. Therefore, the removal of and proposed relocation of the reminders is not to destroy white individuals, but rather initiate the destruction of the system upon which inequity, hate, racism, and discrimination originated. If we apply King’s three ideals for practical application of creative action through agape love to the monuments, to interact with marginalized communities, and to race relations, can they contribute to a narrative and paradigm shift?

Hate for hate only intensifies the existence of hate and evil in the universe (49). “Civilizations fail… if someone doesn’t have sense enough to turn on the dim and beautiful and powerful lights of love in this world” (51). Someone must inject the strong element of love within the very structure of the universe (51).
Hate is irrational. It destroys the personality of the hater, blinding them to the truth and distorting the vision of what is just (52). Hate destroys the hater and the hated.
Love alone has a redemptive power (53). Hate removes the ability to bring about transformation.

The conversation around race produces responses that vary from “I’m not racist because I have black friends and coworkers” to “we are living in a post-racial America because we elected a black president”. However, manifestation of hate and discrimination is not merely about black and white. It is the denial of love’s full expression and love’s creative, redemptive, and transformative power over the human heart, mind, and embedded systems of oppression. King, in the conclusion of his sermon, explains three ways that the oppressed respond to the oppressor: violence, resignation, and massive nonviolent resistance based on the principle of love (56-60).

Love is the way Jesus did it.

Love is the way for Dr. King.

Is love the way for you? Love, like hate, is evident in alignment and actions.