Law in the Internet Society

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AmayGuptaFirstEssay 4 - 12 Jan 2020 - Main.EbenMoglen
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 -- By AmayGupta - 10 Jan 2020
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I don’t think it is a stretch to say that our exposure to the lives of the rich and famous on Instagram impacts the way we act as consumers and impacts the attitudes we have about ourselves and others. Despite the excess consumption Instagram-loving millennials are used to seeing in places like California, “richer” states can have some of the highest rates of poverty. Beyond the psychological effects of social media that coerce vain people like me to buy more things than I need and jeopardize my own finances, one question I have is: does our use of social media worsen socioeconomic inequality and strengthen institutional racism? I believe that the answer is a resounding yes.
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I don’t think it is a stretch to say that our exposure to the lives of the rich and famous on Instagram impacts the way we act as consumers and impacts the attitudes we have about ourselves and others.

It's not a stretch to say that if we are using Instagram. But why would we? What is the actual utility of the service? Of all the services I do not use, this is the service for which I can see no use.

Despite the excess consumption Instagram-loving millennials are used to seeing in places like California, “richer” states can have some of the highest rates of poverty. Beyond the psychological effects of social media that coerce vain people like me to buy more things than I need and jeopardize my own finances, one question I have is: does our use of social media worsen socioeconomic inequality and strengthen institutional racism? I believe that the answer is a resounding yes.

Is this a matter of belief, or one of study? The introduction to this draft now says "I'm going to tell you my feeling about whether a useless service I use has bad consequences for people other than me."

 

How Our Data Can Lead to Worse Outcomes for Marginalized Groups

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 While I cannot posit a one size fits all solution for various patterns of discrimination, I believe that the main issue when it comes to racial discrimination in the credit industry is a lack of racial data that plaintiffs could rely on to prove disparate treatment or impact. The lack of collection of racial information has an apparent purpose. Because ECOA bans lenders from considering the race or ethnicity of applicants, lenders hesitate to collect this information from credit applications, opting to use proxy variables instead. While it may seem strange to argue that my answer to helping those afflicted by excess data collection is to collect more data, I believe that comparative race data in lending discrimination cases would allow plaintiffs to meet their evidentiary burdens more easily. Even if consumers had access to this data, I believe that the burden of showing a lack of race discrimination should be on the developers of credit-scoring tools. Some proposals (like the Model FaTSCA? here) to eliminate racial disparities advocate for disclosures that would allow consumers to gain more insight into which metrics they are scored on. The social value of enabling a fair credit system should and does outweigh potential claims by developers that disclosures on metrics could be used to replicate software products.
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This is a potentially valuable discussion of a subject tangentially-related to the supposed subject of the draft. Regulatory changes designed to capture more behavior by lenders that is already illegal but that has changed technological form are useful. Here they are cast in speculative terms, about what might happen. But none of this bears on the ostensible subject of the draft, which is whether presently-existing social media increase economic inequality.

 Furthermore, solutions to discrimination in the credit industry should be tied to remedying the harms on a group basis. While individuals can contest denials of credit, the amalgamation of data used to discriminate against communities of color supports a strong inference of structural racism. Plaintiffs may not be able to claim damages due to the running of statutes of limitation, causation issues, and legal costs. The current credit system has probably instilled a sense of complacency in minority communities with denials of credit and contributed to the view of minorities as burdens on our economic system rather than victims of it. Group remedies could include requiring credit issuers to make it easier for consumers to correct misinformation in credit applications as well as requiring issuers to make significant investments in communities where consumers have been affected. While I recognize that these are broad statements devoid of specifics, I do not believe the credit system can be fixed solely by letting individuals litigate abusive lending patterns. Hopefully, requiring issuers to make intensive financial investments in areas where they have discriminated will serve as a deterrent to further discrimination and less reliance on systems that utilize data other than those directly tied to creditworthiness to make individual determinations.
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This draft too boxes itself out of its own responsibilities, ending up with a conclusion decrying its own habit of "broad statements devoid of specifics." And indeed, the specifics that are lacking concern a peripheral issue (how to control already illegal racial discrimination in lending) that has replaced the original subject, whether social media increase economic inequality, about which—with the exception of a single legislative staff report Googled up out of legislative context—there are no specifics or analysis at all.

Taken together, the two successive drafts show where the greatest source of improvement in your writing lies: careful outlining of a focused question resulting from systematic research. You can write well what needs to be written. It's the editorial function of focusing relentlessly on a topic and reporting the story that goes awry.

Both drafts take a point of departure they cannot sustain. This draft proposed a clear subject, which the earlier one did not, but then abandoned it for a subpoint as to which Google provided some news stories and one legislative report. Reducing racial biases in lending and housing access has been an objective of at least one political party's policy machinery for half a century. There is a great deal written and a large body of research. Intersecting with it tangentially, only to wind up without specifics in an area dominated by them, suggests the editorial failure. Your inner editor should be saying about every word in the outline (whose existence is purely theoretical so far as this draft itself shows), "how does this advance my argument, giving the reader more material and more clarity?" Anything in the outline that can't be reported on the basis of sources you have weighed and consider trustworthy, or which doesn't advance the illustration of your subject, should be replaced. When the outline is solid the draft should be written around it. Once you have internalized that discipline, all your legal writing will benefit substantially.

  ---- You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

Revision 4r4 - 12 Jan 2020 - 08:31:38 - EbenMoglen
Revision 3r3 - 10 Jan 2020 - 18:38:54 - AmayGupta
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