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Mireille Hildebrandt
Radboud University Nijmegen
  1.  4
    Law, Human Agency, and Autonomic Computing: The Philosophy of Law Meets the Philosophy of Technology.Mireille Hildebrandt & Antoinette Rouvroy (eds.) - 2011 - Routledge.
    Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern (...)
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  2.  6
    Privacy as Protection of the Incomputable Self: From Agnostic to Agonistic Machine Learning.Mireille Hildebrandt - 2019 - Theoretical Inquiries in Law 20 (1):83-121.
    This Article takes the perspective of law and philosophy, integrating insights from computer science. First, I will argue that in the era of big data analytics we need an understanding of privacy that is capable of protecting what is uncountable, incalculable or incomputable about individual persons. To instigate this new dimension of the right to privacy, I expand previous work on the relational nature of privacy, and the productive indeterminacy of human identity it implies, into an ecological understanding of privacy, (...)
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  3.  82
    Balance or Trade-Off? Online Security Technologies and Fundamental Rights.Mireille Hildebrandt - 2013 - Philosophy and Technology 26 (4):357-379.
    In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...)
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  4.  78
    Who Needs Stories If You Can Get the Data? ISPs in the Era of Big Number Crunching.Mireille Hildebrandt - 2011 - Philosophy and Technology 24 (4):371-390.
    Who Needs Stories if You Can Get the Data? ISPs in the Era of Big Number Crunching Content Type Journal Article Category Special Issue Pages 371-390 DOI 10.1007/s13347-011-0041-8 Authors Mireille Hildebrandt, Institute of Computer and Information Sciences (ICIS), Radboud University Nijmegen, Nijmegen, the Netherlands Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 4.
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  5.  25
    Profiling and the Rule of Law.Mireille Hildebrandt - 2008 - Identity in the Information Society 1 (1):55-70.
    Both corporate and global governance seem to demand increasingly sophisticated means for identification. Supposedly justified by an appeal to security threats, fraud and abuse, citizens are screened, located, detected and their data stored, aggregated and analysed. At the same time potential customers are profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet (...)
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  6.  26
    Ambient Intelligence, Criminal Liability and Democracy.Mireille Hildebrandt - 2008 - Criminal Law and Philosophy 2 (2):163-180.
    In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...)
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  7.  27
    The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW]Mireille Hildebrandt - 2010 - Criminal Law and Philosophy 4 (2):161-181.
    In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...)
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  8. Autonomic and Autonomous "Thinking": Preconditions for Criminal Accountability.Mireille Hildebrandt - 2011 - In Mireille Hildebrandt & Antoinette Rouvroy (eds.), Law, Human Agency and Autonomic Computing. Routledge.
  9. Public Proof in Courts and Jury Trials: Relevant for pTA Citizens' Juries?Serge Gutwirth & Mireille Hildebrandt - 2008 - Science, Technology, and Human Values 33 (5):582-604.
    This article explores the “fair trial” as a good practice for the construction of public proof. If proof signifies closure on matter at hand, and publicness is taken to signify both “access to” and “participation in” the construction of proof by the publics concerned, the authors contend that the “fair trial” is a good example of building public proof and that its backbone constraints can be of great interest to the defenders and advocates of participative Technology Assessment, especially citizens' juries.
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  10.  11
    Double Contingency.Mireille Hildebrandt - 2013 - In Mireille Hildebrandt & Katja De Vries (eds.), Privacy, Due Process and the Computational Turn. Routledge. pp. 221.
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  11.  17
    Saved by Design? The Case of Legal Protection by Design.Mireille Hildebrandt - 2017 - NanoEthics 11 (3):307-311.
    This discussion note does three things: it explains the notion of ‘legal protection by design’ in relation to data-driven infrastructures that form the backbone of our new ‘onlife world’, it explains how the notion of ‘by design’ relates to the relational nature of what an environment affords its inhabitants, referring to the work of James Gibson, and it explains how this affects our understanding of human capabilities in relation to the affordances of changing environments. Finally, this brief note argues that (...)
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  12.  23
    European Criminal Law and European Identity.Mireille Hildebrandt - 2007 - Criminal Law and Philosophy 1 (1):57-78.
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...)
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