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Ministry of Justice orders deletion of the UK's largest court reporting database

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Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#221
post #95

Earlier quoted context omitted.

> 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 woul…

> Blocking access to the information is the wrong way to deal with this problem. Blocking (or more accurately: restricting) access works pretty well for many other things that we know will be used in ways that are harmful. Historically, just having to go in person to a court house and request to view records was enough to keep most people from abusing the public information they had. It's perfectly valid to say that…

> Blocking (or more accurately: restricting) access works pretty well for many other things that we know will be used in ways that are harmful. Historically, just having to go in person to a court house and request to view records was enough to keep most people from abusing the public information they had.

If all you care about is preventing the information from being abused, preventing it from being used is a great option. This has significant negative side effects though. For court cases it means a lack of accountability for the justice system, excessive speculation in the court of public opinion, social stigma and innuendo, and the use of inappropriate proxies in lieu of good data.

The fact that the access speedbump which supposedly worked in the past is no longer good enough is proof that an access speedbump is not a good way to do it. Let's say we block internet access but keep in person records access in place. What's to stop Google or anyone else from hiring a person to go visit the brick and mortar repositories to get the data exactly the same way they sent cars to map all the streets? Anything that makes it hard for giant companies is going to make it hard for the common person. And why are we making the assumption that AI training on this data is a net social ill? While we can certainly imagine abuses, it's not hard to imagine real benefits today, nonetheless unforeseen benefits someone more clever than us will come up with in the future.

> What do you think the "right way" to deal with the problem is because we already know that "hope that people choose to be better/smarter/more respectful" isn't going work.

We've been dealing with people making bad decisions from data forever. As an example, there was red lining where institutions would refuse to sell homes or guarantee loans for minorities. Sometimes they would use computer models which didn't track skin color but had some proxy for it. At the end of the day you can't stop this problem by trying to hide what race people are. You need to explicitly ban that behavior. And we did. Institutions that attempt it are vulnerable to both investigation by government agencies and liability to civil suit from their victims. It's not perfect, there are still abuses, but it's so much better than if we all just closed our eyes and pretended that if the data were harder to get the discrimination wouldn't happen.

If you don't want algorithms to come to spurious and discriminatory conclusions, you must make algorithms auditable, and give the public reasonable access to interrogate these algorithms that impact them. If an AI rejects my loan application, you better be able to prove that the AI isn't doing so based on my skin color. If you can do that, you should also be able to prove it's not doing so based off an expunged record. If evidence comes out that the AI has been using such data to come to such decisions, those who made it and those who employ it should be liable for damages, and depending on factors like intent, adherence to best practices, and severity potentially face criminal prosecution. Basically AI should be treated exactly the same as a human using the same data to come to the same conclusion.

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#222

Earlier quoted context omitted.

Everything should remain absolutely private until after conviction. And only released if it's in the public interest. I'd be very very strict here. I'm a bit weird here though. I basically think the criminal justice system is very harsh. Except when it comes to driving. With driving, at least in America, our laws are a joke. You can have multiple at fault accidents and keep your license. DUI, keep your license. Run i…

Arrests being a matter of public record are a check on the government's ability to make people just disappear. But the Internet's memory means that something being public at time t1 means it will also be public at all times after t1.

There is an entire world where arrests are not a matter of the public record and where people don't get disappeared by the government. And then there is US where it is a matter of public record and (waves hand at the things happening).

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#224

Earlier quoted context omitted.

Everything should remain absolutely private until after conviction. And only released if it's in the public interest. I'd be very very strict here. I'm a bit weird here though. I basically think the criminal justice system is very harsh. Except when it comes to driving. With driving, at least in America, our laws are a joke. You can have multiple at fault accidents and keep your license. DUI, keep your license. Run i…

Let's say a cop kills somebody in your neighborhood. Some witnesses say it looked like murder to them, but per your wishes the government doesn't say who the cop was and publishes no details about the crime.. for two years, when they then say they cop was found not guilty. And as per your wishes again, even then they won't say anything about the alleged crime, and never will. Is this a recipe for public trust in thei…

Making the laws apply to the police the same as other citizens is, at least in the US, unlikely.

To be this brings in another question when the discussion should be focused on to what extent general records should be open.

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#225

Earlier quoted context omitted.

"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.

Curious, why should conviction history not be a factor? I could see the argument that previous convictions could indicate a lack of commitment to no longer committing crimes.

Because we as a society decided it creates externalities we don't want to deal with. With a list of exceptions where it actually is important because risk-reward balance is too much.

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#227

Earlier quoted context omitted.

>”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 expunge…

> 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. I'd go further and say a lot of charges and convictions shouldn't be a matter of public record that everyone can look up in the first place, at l…

France has a similar system to the German Führungszeugnis. Our criminal record (casier judiciaire) has 3 tiers: B1 (full record, only accessible by judges), B2 (accessible by some employers like government or childcare), and B3 (only serious convictions, the only one you can request yourself). Most employers never see anything. It works fine, recidivism stays manageable, and people actually get second chances. The US system of making everything googleable forever is just setting people up to fail.

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#228
post #155

Earlier quoted context omitted.

>”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 expunge…

> 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. That's up to the person for the particular role. Imagine hiring a nanny and some bureaucrat telling you what prior arrest is "relevant". No thanks. I'll make that call myself.

Many countries have solved this with a special background check. In Canada we call this a "vulnerable sector check," [1] and it's usually required for roles such as childcare, education, healthcare, etc. Unlike standard background checks, which do not turn up convictions which have received record suspensions (equivalent to a pardon), these ones do flag cases such as sex offenses, even if a record suspension was issued.

They are only available for vulnerable sectors, you can't ask for one as a convenience store owner vetting a cashier. But if you are employing child care workers in a daycare, you can get them.

This approach balances the need for public safety against the ex-con's need to integrate back into society.

[1] https://rcmp.ca/en/criminal-records/criminal-record-checks/v...

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#229

Interesting tweet on the topic here: https://xcancel.com/SamjLondon/status/2021084532187775244 > ... the agreement restricts the supply of court data to news agencies and journalists only. > However, a cursory review of the Courtsdesk website indicates that this same data is also being supplied to other third parties — including members of @InvestigatorsUK — who pay a fee for access. > Those users could, in turn, dep…

This aligns with the explanation given in response to the urgent question. What looks like a simple breach of contract issue is being weaponized in bad faith by politicians who spend far too much time time on the shadier parts of the internet. https://hansard.parliament.uk/Commons/2026-02-10/debates/037...

Yes, predictably…

Re: Ministry of Justice orders deletion of the UK's largest court reporting database

#230
post #104

The title appears to be somewhat misleading. The counter claim by the government is that this isn't "the source of truth" being deleted but rather a subset presented more accessibly by a third party (CourtsDesk) which has allegedly breached privacy rules and the service agreement by passing sensitive info to an AI service. Coverage of the "urgent question" in parliament on the subject here: House of Commons, Courtsde…

They made the data accessible though. From what I can gather, before them, the data was only accessible via old windows apps. If the source of truth is locked and gated, what good is it?

Should we always send the source of truth to a private company to have it repackaged and presented in a more inoffensive manner?
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