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Data science is having profound effects on public and private life. However, thanks to a combination of technical complexity, proprietary privilege, and secre- tive state practice, both policy makers and the public remain largely in the dark about its uses and implications. This book offers desperately needed insights into the ways that Big Data analytics are being developed and applied in the domains of law enforcement, crime control and criminal justice. Alex Završnik has com- piled a critically important collection of essays that shed light on the profound changes afoot in the way societies define, investigate, prosecute, and punish crime and criminality. These scholars are sounding the alarm about the major challenges that Big Data poses to civil rights and social justice, unpacking some of the ways that new systems of data analytics are undermining legal concepts and tenets that are fundamental to democratic governance. The volume covers considerable ground: how predictive policing and algorithmic sentencing exacer- bate racial and class-based discrimination; how data analytics not only fails to prevent but enables financial crimes and tax evasion among economic elites; how “informed consent” morphs into “forced consent” with ubiquitous data tracking; how automated policing pushes toward total information capture; how different legal concepts of privacy have shaped the possibilities of judicial oversight of mass data collection; how international law addresses cyber-espionage; and more. It is a must-read for anyone concerned with how Big Data and predictive analytics are disrupting and destabilizing the institutions and ideals of democracy. Kelly Gates, Department of Communication and Science Studies Program, University of California San Diego, USA Big Data, Crime and Social Control From predictive policing to self-s urveillance to private security, the potential uses of big data in crime control pose serious legal and ethical challenges relat- ing to privacy, discrimination and the presumption of innocence. The book is about the impacts of the use of big data analytics on social and crime control and on fundamental liberties. Drawing on research from Europe and the US, this book identifies the various ways in which law and ethics intersect with the application of big data in social and crime control, considers potential challenges to human rights and democracy and recommends regulatory solutions and best practice. This book focuses on changes in knowledge production and the manifold sites of contemporary surveillance, ranging from self- surveillance to corporate and state surveillance. It tackles the implications of big data and predictive algorithmic analytics for social justice, social equality and social power: concepts at the very core of crime and social control. This book will be of interest to scholars and students of criminology, soci- ology, politics and socio-l egal studies. Aleš Završnik is a Senior Research Fellow at the Institute of Criminology at the Faculty of Law and Associate Professor at the Faculty of Law, University of Ljubljana, Slovenia. Routledge Frontiers of Criminal Justice www.routledge.com/Routledge-F rontiers-of- Criminal-Justice/book-s eries/RFCJ 43 Young Offenders and Open 48 Restoring Justice and Security Custody in Intercultural Europe Tove Pettersson Edited by Brunilda Pali and Ivo Aertsen 44 Restorative Responses to Sexual Violence 49 Monitoring Penal Policy in Legal, Social and Therapeutic Europe Dimensions Edited by Gaëtan Cliquennois and Edited by Estelle Zinsstag and Hugues de Suremain Marie Keenan 50 Big Data, Crime and Social 45 Policing Hate Crime Control Understanding Communities and Edited by Aleš Završnik Prejudice Gail Mason, JaneMaree Maher, 51 Moral Issues in Intelligence-l ed Jude McCulloch, Policing Sharon Pickering, Rebecca Wickes Edited by Nicholas R. Fyfe, and Carolyn McKay Helene O. I. Gundhus and 46 The Special Constabulary Kira Vrist Rønn Historical Context, International Comparisons and Contemporary 52 The Enforcement of Offender Themes Supervision in Europe Edited by Karen Bullock and Understanding Breach Processes Andrew Millie Edited by Miranda M. Boone and Niamh Maguire 47 Action Research in Criminal Justice 53 Diversion in Youth Justice Restorative Justice Approaches in What Can We Learn from Intercultural Settings Historical and Contemporary Edited by Inge Vanfraechem and Practices? Ivo Aertsen Roger Smith Big Data, Crime and Social Control Edited by Aleš Završnik First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 selection and editorial matter, Aleš Završnik; individual chapters, the contributors The right of Aleš Završnik to be identified as the author of the editorial matter, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalog record for this book has been requested ISBN: 978-1-138-22745-3 (hbk) ISBN: 978-1-315-39578-4 (ebk) Typeset in Times New Roman by Wearset Ltd, Boldon, Tyne and Wear Contents Notes on contributors ix Foreword xiv KATJA FRANKO Acknowledgements xv PART I Introduction 1 1 Big data: what is it and why does it matter for crime and social control? 3 ALeš ZAvRšNIK PART II Automated social control 29 2 Paradoxes of privacy in an era of asymmetrical social control 31 FRANK PASqUALe 3 Big data – big ignorance 58 ReNATA SALeCL 4 Machines, humans and the question of control 75 ZorAn KAnDUč viii Contents PART III Automated policing 91 5 Data collection without limits: automated policing and the politics of framelessness 93 MARK ANDReJevIC 6 Algorithmic patrol: the futures of predictive policing 108 DeAN WILSON PART IV Automated justice 129 7 Algorithmic crime control 131 ALeš ZAvRšNIK 8 Subjectivity, algorithms and the courtroom 154 MojcA M. PlESničAr AnD KATjA ŠUgMAn STUbbS PART V Big data automation limitations 177 9 Judicial oversight of the (mass) collection and processing of personal data 179 PriMož gorKič 10 Big data and economic cyber espionage: an international law perspective 197 MArUŠA T. VEbEr AnD MAŠA KoVič DinE Index 221 Contributors Editor Aleš Završnik, Doctor of Law (LLD.), is a Senior Research Fellow at the Insti- tute of Criminology at the Faculty of Law in Ljubljana and Associate Pro- fessor at the Faculty of Law, University of Ljubljana. He was a postdoctoral fellow at the University of Oslo (2012) and at the Max- Planck-Institute für ausländisches und internationals Strafrecht, Freiburg i. Br. (2009), and is starting a visiting Fellowship at the Collegium Helveticum Zürich, a joint initiative of the eTH Zürich and the University of Zürich (2017–18). He col- laborated in several european Cooperation in Science and Technology (COST) Actions, e.g. Living in Surveillance Societies. In his latest research Završnik focused on surveillance implications of drones in the book he edited, Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance. He also co- edited a book, Crime and Transition in Central and Eastern Europe that was awarded the best scientific achievement in criminology by the Slovenian Research Agency in 2012. He has exten- sively researched and published on cybercrime, IT- law, surveillance, crime control and technology. Završnik conducts ethical analysis for security and ICT projects, e.g. he is an independent ethics expert with ReA, the research arm of the european Commission, for Horizon 2020 projects. Among others, he led a research project Law in the Age of Big Data: Regulating Privacy, Transparency, Secrecy and Other Competing Values in the 21st Century (funded by the Slovenian Research Agency, No. J5–6823). email: ales. [email protected] j.si. Contributors Mark Andrejevic, Associate Professor of Media Studies at Pomona College, Claremont, California, USA. He is a media scholar who writes about surveillance, new media and popular culture. In broad terms, he is interested in the ways in which forms of surveillance and monitoring enabled by the develop- ment of new media technologies impact the realms of economics, politics and