The Book · Chapter 24 of 28

Chapter 24Computational Due Process

What procedure does computational power over persons require, and how can effective remedies reach systemic errors without forcing every affected person to establish the same defect separately?

Summary

Computational power can exclude a person before notice, prevent relevant evidence from entering an interface and reproduce the same error through an apparent appeal. This chapter reconstructs procedure across that pathway through nine proposed procedural rights and a systemic institutional duty. It follows notice, access to governing rules and material data, correction, participation, reasons, human reconsideration, independent review and effective remedy. The chapter recognises Citron's technological due process as a substantial antecedent and discusses it partly through later accounts; comparative cases expose different approaches to scoring, opacity and protected information. The chapter places detection, investigation, suspension and retrospective correction within the institution's responsibilities, so population-scale defects need not depend on repeated individual proof. Its effect-based trigger and proportionate safeguards remain bounded by governing law and by substantive limits that procedure cannot cure. The critique that distributed computation may require a different governing category remains an open challenge.

• procedural triggers
• material information
• interface foreclosure
• Assessed and Owned Reasons
• meaningful reconsideration
• recursive appeal
• systemic due process
• retrospective correction