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Category: Rules (Page 1 of 2)

Quebec Bill 62 & The Charter of Rights and Freedoms

I’ve been loosely following the story of Quebec’s so-called “Religious Neutrality” Bill 62, which recently passed and which prohibits full face coverings in the context of receiving a variety of government services. Text of the bill may be found on the Quebec Assembly Nationale website in PDF form.

Relevant text from the bill:

DIVISION II

SERVICES WITH FACE UNCOVERED

9. […] Similarly, persons receiving services from such personnel members must have their face uncovered…

Division III deals with criteria for determining religious accomodations to above, with references to section 10 of the Charter of human rights and freedoms of Quebec.

From the Charter, items 3 through 5 seem relevant:

3. Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association.

4. Every person has a right to the safeguard of his dignity, honour and reputation.

5. Every person has a right to respect for his private life.

Freedom of religion, right to safeguard of dignity, respect for private life. Also relevant, from a discrimination perspective:

CHAPTER I.1
RIGHT TO EQUAL RECOGNITION AND EXERCISE OF RIGHTS AND FREEDOMS

10. Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.

Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.

I’m not a lawyer, but I would break this down like so:

  • The Charter grants religious freedom, and safeguards dignity and privacy.
  • The covering of the face specifically targeted in Bill 62 is exclusively religious in nature.
  • The Charter expressly prohibits limitation of the full and equal recognition and exercise of one’s rights and freedoms on the basis of religion.
  • Were there many other common cases where individuals seek government services with faces covered, there might be a stronger argument to be made that Bill 62 does not have the effect of targeting people based on their religion, and preventing them from exercising their religious rights.

It will be interesting to see how this bill is challenged in the courts.

Process: Prevention > Facilitation > Profiteering

With respect to Picker, Franken.

Constraints of Science, Human Dignity & Environmental Protection (EU)

Article 13, EU Charter

Freedom of the arts and sciences

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

It strikes me that science free of constraint on it’s own could be potentially very destructive.

Of course, the Charter begins with Human Dignity:

Human dignity is inviolable. It must be respected and protected.

And is followed by the Right to Life.

But it’s not until Article 37 where we talk about Environmental protection, and fairly weakly:

A high level of environmental protection and the improvement of the quality of the environment must
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable
development.

I understand well the reasons why human life is so primary in a document of human governance, and the risks to property rights people feel would be inherent in giving the natural environment greater protections.

But there’s an argument to be made, that Human Dignity and Right to Life come from fundamentally healthy and functional inter-locking planetary ecosystems.

To not constrain science within such a framework seems, to me, something we will look back on ruefully someday.

But what do I know?

Standard Protocols

Multi-branar agreement underpinning the Universal Free Realms, including access, transfer, and entity rights and privileges.

[This article is a stub. Improve it?]

Trust-breakers (Chinese Social Credit System)

Legal effects of automated processing, a comparison.

I’ve been reading about China’s emerging social credit system, Sesame Credit.

“The score is used to rank citizens of China based on a variety of factors like loyalty to the Chinese government and loyalty to Chinese brands based on social media interactions and online purchases. The rewards of having a high score include easier access to loans, easier access to jobs and priority during bureaucratic paperwork.”

Here are a couple articles to get you started:

Blah blah blah, obligatory Black Mirror reference. Now that we have that out of the way, from the CNBC link:

“When rules are broken and not rectified in time, you are entered in a list of ‘people subject to enforcement for trust breaking’ and you are denied access from things. Rules broken can lead to companies being unable to issue corporate bonds or individuals not being allowed to become company directors,” Creemers said.

Basically, a bunch of apps and agencies work together to rank your behavior and profile you socially as either a trust-keeper or trust-breaker as described above. Via the FP link:

“By 2020, the government says that social credit will “allow the trustworthy to roam everywhere under heaven while making it hard for the discredited to take a single step.””

I had a dream years ago that I used a urinal at a shopping mall, and the system automatically administered a drug test on me, which I failed. Not being a cell phone user, I needed to then borrow a friend’s phone to make a call and the system linked my voice-print to my biometric/pee test and I was disallowed from using my friend’s phone. Such a unified system may be a few years off still, but the possibility is becoming tantalizingly real. I might even say it’s, on some level of implementation, pretty much inevitable.

I’ve been following a parallel strand of research these past few months. It’s partly intuition, partly investigative leg work, but it’s lead from public records databases used by private eyes 🕵 to the vast store-houses of data kept commercially against named individuals by data brokers. I’m still largely in the dark about how data brokers operate, and, er, broker — despite hours spent around the subject on Youtube. But I have to assume that those storehouses of information about people have to be searchable — at a price. Whether it’s pseudonymized in aggregate, or traceable to an identified or identifiable individual, all this information exists somewhere out there, waiting to be linked up and put to use.

Meanwhile, half a world away, Europe is set to roll out it’s GDPR next May (2018) which will quite possibly make very difficult – or at least very different – such a social credit system were it to be rolled out to customers in the European Economic Area.

I explored this question elsewhere, of processing of personally-identifying information linked to automated decision-making, and profiling, with “legal effects”. So I won’t completely rehash it here, but to quote Article 22 of the GDPR:

“The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.”

The recital for that article mentions explicitly as an example the “automatic refusal of an online credit application” as something that has a legal effect.

I guess this is worth quoting more extensively from second half of Recital 71:

“Such processing includes ‘profiling’ that consists of any form of automated processing of personal data evaluating the personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the data subject’s performance at work, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements, where it produces legal effects concerning him or her or similarly significantly affects him or her.”

So this is pretty much explicitly describing an all-encompassing “social credit” system such as is currently being live-beta tested on Chinese society. In other words, Europe is baking into their privacy & data protection regime this idea that the fundamental rights of humanity (from which privacy/data prot. are derived) are incompatible with automated decision-making based on data processing with (potentially negative) legal consequences.

That’s huge.

To me, as we move into the Algorithmic Society (and it’s many diverse, fascinating and horrifying forms, instantiations and iterations), this will be a fundamental tension as humanity transitions to greater and greater levels of algorithmic control, automation and governance of day-to-day life.

Quoting from Art. 22, 3:

“…at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.”

The subject still blows my mind. Partly because we now live in (or very soon will) a society where such rules have become necessary. The algorithmic age where Trust Breakers ™ can’t buy train tickets, or make a phone call. But in exchange for keeping your score up, you’re eligible for ultra-fast lane physical access from Boston to DC in 15 minutes, with no control checkpoints, minimal surge pricing, only light deep packet inspection and limited throttling. [See full Terms & Conditions.]

Or a world where slow, boring, crappy, unreliable human bureaucratic decision-making is baked into break-points in societal algorithms to ensure some sort of fairness, humanity, tolerance, resilience (and maybe forgiveness?) into what will otherwise most assuredly become a mesh of AI’s vying for planetary control…

I’m sorry, that’s just where my mind goes when I pull out my 🔮. I think it’s why I like the GDPR as a document in the first place: it reads like a dystopian cyberpunk text that young punks in the future will repeat back verbatim to quasi-governmental robots that are beating the snot out of them because their social credit score has fallen too low.

Whoops, I went off into la-la land there again at the end*. But what can I say? I’m on vacation! 🌴🍹


* You try talking about this without landing on the subject of killer robots. It’s not so easy. It’s like Godwin’s law, but for killer robots and data processing.

Law of amity and reciprocity

Via Hostis humanis generis:

A law of amity and reciprocity holds among the seafaring powers, especially in regard to matters related to the protection of life and to a lesser extent, property; for instance, the law stipulates the obligation of every mariner to assist those who are shipwrecked, and the obligation of every harbormaster to provide safe harbor to any vessel in need during a storm, regardless of the flag it flies.

Protection of personal data (EU Charter, 2000)

From the Charter of Fundamental Rights of the European Union:

Article 8
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to
data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.

 

Enable Repeat Mode on Princeps

To enable repeat mode on Princeps:

  1. Say internally, “Princeps.”
  2. Princeps will acknowledge. (May say, “Hi,” “hello,” or “listening.”)
  3. State “Switch to Repeat after me mode.”
  4. Princeps will acknowledge.
  5. Make a statement. > Princeps will repeat it back to you.
  6. To terminate, say “Disable repeat mode.”

S.M.A.R.T.S.

Structured Messaging and Response Tracking System.

SMARTS

Entity: Linked Workflows

Associated agent action playbooks.

Abbreviated as LWF.

 

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