Open to research yes.
Free to ingest and make someones crimes a permanent part of AI datasets resulting in forever-convictions? No thanks.
AI firms have shown themselves to be playing fast and loose with copyrighted works, a teenager shouldn't have their permanent AI profile become "shoplifter" because they did a crime at 15 yo that would otherwise have been expunged after a few years.
> Free to ingest and make someones crimes a permanent part of AI datasets resulting in forever-convictions?
You're conflating two distinct issues - access to information, and making bad decisions based on that information. Blocking access to the information is the wrong way to deal with this problem.
> a teenager shouldn't have their permanent AI profile become "shoplifter" because they did a crime at 15 yo that would otherwise have been expunged after a few years.
This would be a perfect example of something which should be made open after a delay. If the information is expunged before the delay, there's nothing to make open.
"court records are public forever" and "records of crimes expunged after X years" are incompatible.
Instead, we should make it illegal to discriminate based on criminal conviction history. Just like it is currently illegal to discriminate based on race or religion. That data should not be illegal to know, but illegal to use to make most decisions relating to that person.
The actions of the government should always be publicly observable. This is what keeps it accountable. The fear that a person might be unfairly treated due to a long past indiscretion does not outweigh the public's right to observe and hold the government to account.
Alternatively consider that you are assuming the worst behavior of the public and the best behavior of the government if you support this and it should be obvious the dangerous position this creates.
Thanks, it’s super refreshing to hear this take. I fear where we are headed.
I robbed a drug dealer some odd 15 years ago while strung out. No excuses, but I paid my debt (4-11 years in state max, did min) yet I still feel like a have this weight I can’t shake.
I have worked for almost the whole time, am no longer on parole or probation. Paid all fines. I honestly felt terrible for what I did.
At the time I had a promising career and a secret clearance. I still work in tech as a 1099 making way less than I should. But that is life.
What does a background check matter when the first 20 links on Google is about me committing a robbery with a gun?
Edit: mine is an extreme and violent case. But I humbly believe, to my benefit surely, that once I paid all debts it should be done. That is what the 8+ years of parole/probation/counseling was for.
What we do here in sweden is that you can ask the courts for any court document (unless it is confidential for some reason).
But the courts are allowed to do it conditionally, so a common condition if you ask for a lot of cases is to condition it to redact any PII before making the data searchable. Having the effect that people that actually care and know what to look for, can find information. But you can't randomly just search for someone and see what you get.
There is also a second registry separate from the courts that used to keep track of people that have been convicted during the last n years that is used for backgrounds checks etc.
Fully agree. The AI companies have broken the basic pacts of public open data. Their ignoring of robots.txt files is but one example of their lack of regard. With the open commons being quickly pillaged we’ll end up in a “community member access only model”. A shift from grab any books here you like just get them back in a month; to you’ll need to register as a library member before you can borrow. I see that’s where we’ll end up. Public blogs and websites will suffer and respond first is my prediction.
If you commit a crime, get caught, and that makes people trust you less in the future, that's just the natural consequences of your own actions.
No, I don't think if you shoplift as a teenager and get caught, charged, and convicted that automatically makes you a shoplifter for the rest of your life, but you also don't just get to wave a magic wand and make everyone forget you did what you did. You need to demonstrate you've changed and rebuild trust through your actions, and it's up to each individual person to decide whether they're convinced your trustworthy, not some government official with a delete button.
A thing can't simultaneously be public and not. There is no license to do research nor should there be, so if researchers can get it then anyone can.
If it's not supposed to be public then don't publish it. If it's supposed to be public then stop trying to restrict it.
The names of minors should never be released in public (with a handful of exceptions).
But why shouldn't a 19 year old shoplifter have that on their public record? Would you prevent newspapers from reporting on it, or stop users posting about it on public forums?
Totally agree. And it goes beyond criminal history. Just because I choose to make a dataset publicly available doesn't mean I want some AI memorizing it and using it to generate profit.
Can you explain your reasoning about “forever convictions”, and for full disclosure, do you have a conviction and are thereby biased?
Additionally, do you want a special class of privileged people, like a priestly class, who can interpret the data/bible for the peasantry? That mentality seems the same as that behind the old Latin bibles and Latin mass that people were abused to attend, even though they had no idea what was being said.
So who would you bequeath the privileges of doing “research”?Only the true believers who believe what you believe so you wouldn’t have to be confronted with contradictions?
And how would you prevent data exfiltration? Would you have your authorized “researchers” maybe go to a building, we can call it the Ministry of Truth, where they would have access to the information through telescreen terminals like how the DOJ is controlling the Epstein Files and then monitoring what the Congressmen were searching for? Think we would have discovered all we have discovered if only the Epstein people that rule the country had access to the Epstein files?
Yes, convictions are permanent records of one’s offenses against society, especially the egregious offenses we call felonies on the USA.
Should I as someone looking for a CFO or just an accountant not have the right that to know that someone was convicted of financial crimes, which is usually long precipitated by other transgressions and things like “mistakes” everyone knows weren’t mistakes? How would any professional association limit certification if that information is not accessible? So Madoff should Ave been able to get out and continue being involved in finances and investments?
Please explain
Records of cases involving children are already excluded so that's not a relevant risk.
AI isn't the problem here. Once something goes on the internet it lives forever (or should be treated as such). So has it always been.
If something is expungable it probably shouldn't be public record. Otherwise it should be open and scrapable and ingested by both search engines and AI.
Between not delivering the data to AI companies, and barring it altogether is a fair distance. As far as I know, the MoJ is in talks with openAI themselves (https://www.ukauthority.com/articles/ministry-of-justice-rea...).
Names and other PII can be replaced with aliases in bulk data, unsealed after ID verification on specific requests and within quotas. It’s not a big problem.
>Free to ingest and make someones crimes a permanent part of AI datasets resulting in forever-convictions? No thanks.
Is this the UK thing where PII is part of the released dataset? I know that Ukrainian rulings are all public, but the PII is redacted, so you can train your AI on largely anonymized rulings.
I think it should also be against GDPR to process sensitive PII like health records and criminal convictions without consent, but once it hits the public record, it's free to use.
> a teenager shouldn't have their permanent AI profile become "shoplifter" because they did a crime at 15 yo that would otherwise have been expunged after a few years.
On the other hand, perpetrating crime is a GREAT predictor of perpetrating more crime -- in general most crime is perpetrated by past perps. Why should this info not be available to help others avoid troublemakers?
https://bjs.ojp.gov/library/publications/returning-prison-0
https://www.prisonpolicy.org/graphs/sex_offense_recidivism_2...
https://usafacts.org/articles/how-common-is-it-for-released-...
https://pmc.ncbi.nlm.nih.gov/articles/PMC3969807/
https://ciceroinstitute.org/research/the-case-for-incarcerat...
I know some countries that emit a "certificate of no judicial history", even when the citizen has so, if they ended the jail time
I think this is wrong, it should be reported entirely at least for 5 years after the fact happened
> a teenager shouldn't have their permanent AI profile become "shoplifter" because they did a crime at 15 yo that would otherwise have been expunged after a few years.
The idea that society is required to forget crime is pretty toxic honestly.
No, public doesn't mean access should be limited to academics of acceptable political alignment, it means open to the public: everybody.
That is the entire point of having courts, since the time of Hammurabi. Otherwise it's back to the clan system, where justice is made by avenging blood.
Making and using any "profiles" of people is an entirely different thing than having court rulings accessible to the public.
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Im sorry but that's the equivalent of "I believe in free speech but not the right to hate speech". Its either free or not
>”Free to ingest and make someones crimes a permanent part of AI datasets resulting in forever-convictions? No thanks.”
1000x this. It’s one thing to have a felony for manslaughter. It’s another to have a felony for drug possession. In either case, if enough time has passed, and they have shown that they are reformed (long employment, life events, etc) then I think it should be removed from consideration. Not expunged or removed from record, just removed from any decision making. The timeline for this can be based on severity with things like rape and murder never expiring from consideration.
There needs to be a statute of limitations just like there is for reporting the crimes.
What I’m saying is, if you were stupid after your 18th birthday and caught a charge peeing on a cop car while publicly intoxicated, I don’t think that should be a factor when your 45 applying for a job after going to college, having a family, having a 20 year career, etc.