Margaret Hu, Big Data Blacklisting, 67 U. Fla. L. Rev. 1735 (2016). Frank Pasquale There is a remarkable body of work on the US government’s burgeoning array of high-tech surveillance programs. As Dana Priest and Bill Arkin revealed in their Top Secret America series, there are hundreds of entities which enjoy access to troves of data on US citizens. Ever since the Snowden revelations, this extraordinary power to collate data points about individuals has caused unease among scholars, civil libertarians, and virtually any citizen with a sense of how badly wrong supposedly data-driven decision-making can go. In Big Data Blacklisting, Margaret Hu comprehensively demonstrates just how well-founded that suspicion is. She shows the high stakes of governmental classifications: No Work, No Vote, No Fly, and No Citizenship lists are among her examples. Persons blackballed by such lists often have no real recourse—they end up trapped in useless intra-agency appeals under…
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