Tag: law

The Making of Vizag Gas Leak Disaster: Procedural lapses or Regulatory Design?

Under the Environment Protection Law in India, industries that process petrochemical-based products, such as styrene, require two levels of clearances—an Environmental Clearance (EC) from the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) and a Consent to Operate (CTO) from the State Pollution Control Board (SPCB) which needs to be renewed every five years. As per the reports of the Center for Science and Environment, LG Polymers India had not adhered to rules at both these levels. The inquiry into the causes of the Vizag Gas leak that wreaked havoc in the lives of the denizens of the port city has made it clear that the industry has thrown to the winds any sense of responsibility by withholding crucial information whilst applying for the Environmental Clearance (EC) and Consent To Operate (CTO), thus subverting the regulatory framework to its advantage.  (read more...)

Managing Refugee Mobilities: Global Flows of Migration Deterrence Technologies

In 2000, a United Nations Resolution designated June 20th World Refugee Day. In the week leading up to this day, countries throughout the world pay homage to the ideals of the refugee rights movement through public festivals celebrating their migrant communities’ cultures, social media campaigns on refugee resilience, and declarations of their commitment to protect those seeking asylum. Historically, nation-states have employed such public messages to emphasize their identities as benevolent, humanitarian actors.  However, what these proclamations elide is not only the violent ways that individual nations reject asylum seekers[1], but the collective ways that countries work together to inhibit their mobilities. Both the technologies of detection and deterrence as well as anti-refugee rhetoric, while based on insular ideas of nationhood and ‘who belongs,’ are also increasingly dependent on collaborations and partnerships with other nation-states. In attempts to control refugee movement, multiple nation states are both entangled and willingly involved in a global effort to contain, reroute, and eventually immobilize asylum seekers from the global South seeking protection in liberal democratic states. While there has always been an international refugee regime since the inception of the 1951 UN Refugee Convention, it is worth paying attention to the new ways in which nation states are learning from and relying upon each other to govern where refugees can and cannot go. (read more...)

Driver-Citizens and Technical Safety in India: Traffic Violations and Penalties in the Motor Vehicle Act 2019

One of the first things that gets discussed with reference to India is road traffic. Erstwhile known as a land of snake charmers, this classically orientalist image of the country has been displaced by a more technocratic obsession with road traffic and accidents[1]. While debates amongst the educated elite around the “appropriate” use of roads have been ongoing since the early colonial period[2], it is only more recently that road safety has begun to garner palpable urgency in its visibility as a social problem that needs to be solved by the Indian state. As such, with the United Nations declaring 2010-2020 as the ‘Decade for Action on Road Safety’, international pressure on the Global South to adopt road safety has only intensified[3]. (read more...)

Content Moderation: Mediating Public Speech Privately

Social media constitutes a universe of more images, text and videos than can be humanly experienced, read, and heard. However, disinformation, terrorist content, harassment, and other kinds of negative content have made ‘content moderation’ one of the most pressing demands from large online communication platforms (“intermediaries”), such as Facebook, YouTube, and Twitter. Every single day, major platforms like Facebook, Twitter, and YouTube receive thousands of requests to review or take down content that violates their internal policies or an external law. Sometimes they receive requests, both from the US government and foreign governments, for information on users, or to censor specific people and accounts. Content moderation can be defined as “the organized practice of screening user-generated content (UGC) posted to Internet sites, social media, and other online outlets, in order to determine the appropriateness of the content for a given site, locality, or jurisdiction” (Roberts 2017). The rules for content (read more...)

Happy Pride Month!

In support and solidarity with LGBTQIA+/Queer people around the world, we’re celebrating Pride Month with a collection of some of our most popular queer content from the blog. We take this moment to recognize the valuable contributions LGBTQIA+/Queer people make to our fields, our society, and our lives. Check out six of our favorites below! (read more...)

Do We Inherit Abandoned Game Worlds?

When you’re playing an online game and it gets shut down, typically a message flashes on the screen that says something like: “You have been disconnected from the server.” This very message indicates that it is not just “the game” per se that you’ve been disconnected from. What is “the game” after all? In reality, players are connected to a shared version of a virtual world thanks to the workings of servers, those digital devices that make up the backbone of the internet and of virtual worlds, like Second Life and World of Warcraft. When a virtual world dies, when it’s “turned off,” the player is no longer accessing the same server as their friends. In fact, they’re not accessing any server at all. When the server is turned off, the game world is popularly said to have been abandoned—its software becomes referred to as “abandonware.” And just like that, a whole world dies. This post reflects the work of one group of video game enthusiasts and how they are actively working to bring so-called “abandoned” online games back to life by reshaping copyright laws and redefining games as cultural heritage. (read more...)

Regulating Physical Places with Digital Code

Editor’s Note: This is the seventh and final post in our Law in Computation series. At first, I was perplexed by the K5 by Knightscope, a “fully autonomous security data machine,” rolling through the Irvine Spectrum Shopping Center last summer. Now, I am not cavalier, nor naive, about my rights to privacy, confidentiality, and anonymity, but I fully accept that I will be captured by surveillance cameras from my arrival to departure in many private places. After all, there is a strong market demand for surveillance technologies, and the market has long existed with little regulations from statutory or case law; their use continues to expand as the cost of sensors and data processing decreases. (read more...)

Rule of Law by Machine? Not so Fast!

Editor’s Note: This is the sixth post in our Law in Computation series. Back in the mid-1990s when I was a graduate student, I “interned” at a parole office as part of my methods training in field research. In my first week, another intern—an undergraduate administration of justice student from a local college—trained me in how to complete pre-release reports for those men and women coming out of prison and entering onto parole supervision. The pre-release report was largely centered on a numeric evaluation of the future parolee’s risks and needs. The instrument used by the parole office was relatively crude, but it exemplified a trend in criminal justice that pits numbers-based tools, designed to predict and categorize system-involved subjects, against more intuitive judgments of legal actors in the system. (read more...)