Other relevant publications from the REPHRAIN team

Please find below publications and papers on privacy and online harms that have been produced by the REPHRAIN team.

January 2022

Nothing to Be Happy About: Consumer Emotions and AI

Prepared by Mateja Durovic and Jonathan Watson

Abstract: Advancements in artificial intelligence and Big Data allow for a range of goods and services to determine and respond to a consumer’s emotional state of mind. Considerable potential surrounds the technological ability to detect and respond to an individual’s emotions, yet such technology is also controversial and raises questions surrounding the legal protection of emotions. Despite their highly sensitive and private nature, this article highlights the inadequate protection of emotions in aspects of data protection and consumer protection law, arguing that the contribution by recent proposal for an Artificial Intelligence Act is not only unsuitable to overcome such deficits but does little to support the assertion that emotions are highly sensitive.

Keywords: AI; consumer law; new technologies; regulation; emotions; EU Law

A copy of this paper is available for download here.

January 2021

Manipulation and liability to defensive harm

Prepared by Massimo Renzo

AbstractPhilosophers working on the morality of harm have paid surprisingly little attention to the problem of manipulation. The aim of this paper is to remedy this lacuna by exploring how liability to defensive harm is affected by the fact that someone posing an unjust threat has been manipulated into doing so. In addressing this problem, the challenge is to answer the following question: Why should it be the case (if it is, indeed, the case) that being misled into posing an unjust threat by manipulation makes a difference to one’s liability, as compared to being misled into doing so by natural events or by someone’s honest attempt to persuade us? To answer this question, I first outline an account of manipulation and then use it to defend what I shall call the ‘‘Pre-emption Principle.’’

Paper available to download here.