Re:Algorithm Is the Problem, Not Mark Zuckerberg
by malandrew on Monday June 08, 2020 @10:33PM
(#23463058)
> Due Process means that you should be able to know the rules a system will follow if you participate in that system.
That seems to me like an overly restrictive definition.
What if the rules of the system are that a single individual gets to make all final decisions, such as in a monarchy? Is that due process?
The definition of due process I've always operated on is much broader and includes mechanisms such as the ability to appeal decisions and present your case. I would argue that an adversarial process is also part of due process. I don't think you have have due process in a system that is one-sided with no advocacy for all sides on equal footing.
I'm uncertain about the distinction that due process needs to be public. If two parties behind closed doors go through a process whose rules they believe to be fair beforehand, is that due process?
That seems to me like an overly restrictive definition.
What if the rules of the system are that a single individual gets to make all final decisions, such as in a monarchy? Is that due process?
The definition of due process I've always operated on is much broader and includes mechanisms such as the ability to appeal decisions and present your case. I would argue that an adversarial process is also part of due process. I don't think you have have due process in a system that is one-sided with no advocacy for all sides on equal footing.
I'm uncertain about the distinction that due process needs to be public. If two parties behind closed doors go through a process whose rules they believe to be fair beforehand, is that due process?