Technological control over risk expanded legal rights and lawsuits

Evidence

During the nineteenth century, federal statutes primarily involved the distribution of benefits to citizens (e.g., the Homestead Act, which made public lands available to settlers), and such legislation rarely provoked disputes. Beginning in the twentieth century, however, statutes substantially expanded the scope of federal and state regulation of private conduct, and this in turn prompted challenges by those affected by the regulatory legislation. Often these disputes over the interpretation and application of regulatory statutes have wound up in the courts. — G. Alan Tarr, Judicial Process and Judicial…, 2831 (#complicates, via linked claim)

As certainty replaces uncertainty, premiums that once reflected the necessary unknowns of everyday life can now rise and fall from millisecond to millisecond, informed by the precise knowledge of how fast you drive to work after an unexpectedly hectic early morning caring for a sick child or if you perform wheelies in the parking lot behind the supermarket. “We know that 16-year old drivers have a whole lot of accidents… but not every 16-year old is a lousy driver,” observes one insurance industry telematics expert. Rates based on actual behavior are “a big advantage in being able to price appropriately.” This kind of certainty means that insurance contracts designed to mitigate risk now give way to machine processes that respond “almost immediately” to nuanced infractions of prescribed behavioral parameters and thus substantially decrease risk or eliminate it entirely. — Shoshana Zuboff, The Age of Surveillance Capitalism, 668 (#corroborates, via linked claim)

Categorization

• XREF: connects to: Legal-technized power shifts doubt from will to information; Decisions made by legal algorithms need contestation rights comparable to human appeals — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 1203; The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 2831 (+4 more)

Related

• The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. (similarity 0.79)

Broader Connections

• The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2831
• Insurance shifts from mitigating risk to eliminating it via continuous monitoring #corroborates (0.82) — Shoshana Zuboff, The Age of Surveillance Capitalism, 668
• Legal-technized power shifts doubt from will to information #complicates (0.75)
• Decisions made by legal algorithms need contestation rights comparable to human appeals #complicates (0.75) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1203