Subscribe now

Technology

Penal code: The coming world of trial by algorithm

We are creating a society where all-seeing intelligent computer code can punish every wrongdoer – but do we want it?

By Katia Moskvitch

4 September 2013

New Scientist. Science news and long reads from expert journalists, covering developments in science, technology, health and the environment on the website and the magazine.

(Image: Gerard Dubois)

JOHN GASS was certain he’d done nothing wrong. Yet there it was, in black and white: the Massachusetts Registry of Motor Vehicles had revoked his driving licence.

It took him nearly two weeks, numerous calls to the registry and a court hearing to put things right. For the 41-year-old it was a nightmare, threatening his livelihood as a professional driver. For the registry it was clear: Gass had committed fraud by applying for more than one driver’s licence – caught thanks to a facial-recognition algorithm.

In Massachusetts, and most other US states, the headshots on millions of licences are scanned routinely to spot criminals, underage drivers, people using fake names, and those suspended from driving. Yet in Gass’s case, originally reported by the Boston Globe, the computer had made a mistake. It was policing-by-algorithm gone wrong.

Over the past few years, law enforcement agencies have begun replacing human police officers with efficient, all-seeing, algorithms. They watch for crimes using ubiquitous sensors, cameras, facial-recognition software and intelligent computerised analysis. From traffic offences to theft, increasingly it’s an algorithm watching out: alerting police, or even dispatching punishment with no human oversight whatsoever.

Advocates argue that automated policing cuts cost, frees up resources and ensures wrongdoers do not escape justice. Yet many lawyers and computer scientists warn that we may not want to live in the algorithmically enforced world we’re headed for. Not only does it do away with key principles of civilised societies – such as discretion – it could also force us to change our behaviour in undesirable ways.

While the sophistication of automated policing has accelerated in the last few…

Sign up to our weekly newsletter

Receive a weekly dose of discovery in your inbox. We'll also keep you up to date with New Scientist events and special offers.

Sign up

To continue reading, subscribe today with our introductory offers

Piano Exit Overlay Banner Mobile Piano Exit Overlay Banner Desktop