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9 J. on Telecomm. & High Tech. L. 235 (2011)
Restoring Transparency to Automated Authority

handle is hein.journals/jtelhtel9 and id is 239 raw text is: RESTORING TRANSPARENCY TO AUTOMATED AUTHORITY FRANK PASQUALE* INTRODUCTION ............................................... 235 I. UNHEALTHY SECRETS: PROPRIETARY PRICES AND ELECTRONIC MEDICAL RECORD IMPLEMENTATION ......... 239 II. TRADE SECRECY AS A BUSINESS TOOL IN THE SEARCH INDUSTRY ............................................ 244 III. CLANDESTINELY COMMENSURATING COMPUTING IN CONSUMER CREDIT SCORING .............. . ..........248 IV. FROM ENRON TO AIG: A DECADE OF UNREPRODUCIBLE FINANCIAL RESULTS ....................................... 250 CONCLUSION ................................................. 252 INTRODUCTION Governments and firms in capitalist democracies increasingly use automated processes to allocate punishments and rewards.' Some of the most dynamic, profitable, and important companies in the information economy provide these assessments. For example, Google orders websites and advertisements; Internet service providers filter spain and aspire to fast-track certain content. In finance, consumer credit scoring determines who gets which loans, and credit-rating agencies can make or break investment offerings. Reputation-scoring in general is becoming a big business: companies now give scores to doctors and lawyers, landlords * Schering-Plough Professor in Health Care Regulation and Enforcement, Seton Hall Law School; Affiliate Fellow, Yale Information Society Project; Visiting Fellow, Princeton University Center for Information Technology Policy. I wish to thank Paul Ohm, Phil Weiser, Scott Peppet, Harry Surden, Pierre de Vries, Wendy Seltzer, Eric Schmidt, Angela Morrison, Blake Reid, and other organizers of the 2010 Silicon Flatirons conference for inviting me to participate, and to thank the Princeton University Center for Information Technology Policy for hosting a talk where I was able to further develop the ideas in this paper. 1. Felix Stalder, Autonomy and Control in the Era of Post-Privacy, 19 OPEN 78, 81-83 (2010) (describing a rise in automated processes using personalized data). 235

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