We have had a hard time thinking clearly about companies like Google and Facebook because we have never before had to deal with companies like Google and Facebook. They are something new in the world, and they don’t fit neatly into our existing legal and cultural templates. Because they operate at such unimaginable magnitude, carrying out millions of informational transactions every second, we’ve tended to think of them as vast, faceless, dispassionate computers — as information-processing machines that exist outside the realm of human intention and control. That’s a misperception, and a dangerous one.
Modern computers and computer networks enable human judgment to be automated, to be exercised on a vast scale and at a breathtaking pace. But it’s still human judgment. Algorithms are constructed by people, and they reflect the interests, biases, and flaws of their makers. As Google’s founders themselves pointed out many years ago, an information aggregator operated for commercial gain will inevitably be compromised and should always be treated with suspicion. That is certainly true of a search engine that mediates our intellectual explorations; it is even more true of a social network that mediates our personal associations and conversations.
Because algorithms impose on us the interests and biases of others, we have not only a right, but also an obligation to carefully examine and, when appropriate, judiciously regulate those algorithms. We have a right and an obligation to understand how we, and our information, are being manipulated. To ignore that responsibility, or to shirk it because it raises hard problems, is to grant a small group of people — the kind of people who carried out the Facebook and OKCupid experiments — the power to play with us at their whim.
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