© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

Lisa Duggan’s book, Mean Girl: Ayn Rand and the Culture of Greed, offers an extremely negative portrait of Rand’s ideas as the height of meanness and greed and the perfect embodiment for the political era of Donald Trump. Its unbalanced and hostile presentation of Rand’s philosophy and impact is not for those who seek a more objective approach to Objectivism.

This article argues that cruelty, as a willingness to see or orchestrate the suffering of others, is not an unfortunate side-effect of neoliberal theories put into practice but is constitutive of the neoliberal project from its theoretical inception. Drawing on Lisa Duggan’s concept of ‘optimistic cruelty’ and treating the canonical texts of neoliberal economic theory as literary artefacts, the article develops this argument through a close reading of one of the central architects of the neoliberal project, the philosopher (...) and economist Friedrich Hayek. The first part of the article examines how Hayek attempts to justify the brutality of the market order he imagines – the catallaxy – by arguing that this brutality is the natural consequence of the spontaneous evolutionary processes that move civilisation forward. The second part brings to the fore the eugenicist undertones that suffuse this vision, despite Hayek’s apparent rejection of Social Darwinism. I analyse how Hayek’s market order operates through a series of disciplinary and biopolitical technologies that use pain, frustration, punishment and stigmatisation to eliminate bad habits, practices and subjectivities. These cruel mechanisms enable the catallaxy to sort between productive and unproductive lives to ensure that available resources are directed towards the former – even if it means that the others might be left to die. As such, cruelty is an affective atmosphere that permeates the catallaxy. (shrink)

It is taken as obvious that there is a conflict between objective temporal passage and relativistic physics. The traditional formulation of temporal passage is the movement of a universe-wide set of simultaneous events known as the NOW; the Special Theory of Relativity implies that there is no NOW and therefore no temporal passage. The vast majority of those who accept the B-theory blockworld—the metaphysics of time most friendly to relativistic physics—deny that time passes. I argue that this denial is a (...) mistake. Contrary to overwhelmingly popular opinion, temporal passage does not need a NOW. To show this, I defend a relational understanding of temporal becoming, that I call B-coming, in which an event y B-comes with respect to x iff R xy. Temporal passage is then the difference in what has B-come at one point in a thing’s history with respect to what has B-come at an earlier point in that thing’s history. Appealing to this kind of relation is a strategy that is well-known but has been widely dismissed. This dismissal is premature; I show that the essential elements of temporal passage do not necessarily require a NOW. There can be passage without presentness. (shrink)

Reproductive genetic carrier screening is increasingly being offered more widely, including to people with no family history or otherwise elevated chance of having a baby with a genetic condition. There are valid reasons to reject a prevention-focused public health ethics approach to such screening programs. Rejecting the prevention paradigm in this context has led to an emphasis on more individually-focused values of freedom of choice and fostering reproductive autonomy in RCS. We argue, however, that population-wide RCS has sufficient features in (...) common with other public health screening programs that it becomes important also to attend to its public health implications. Not doing so constitutes a failure to address the social conditions that significantly affect people’s capacity to exercise their reproductive autonomy. We discuss how a public health ethics approach to RCS is broader in focus than prevention. We also show that additional values inherent to ethical public health—such as equity and solidarity—are essential to underpin and inform the aims and implementation of reproductive carrier screening programs. (shrink)

Human motor skills are exceptional compared to other species, no less than their cognitive skills. In this perspective paper, we suggest that “movement matters!,” implying that motor development is a crucial driving force of cognitive development, much more impactful than previously acknowledged. Thus, we argue that to fully understand and explain developmental changes, it is necessary to consider the interaction of motor and cognitive skills. We exemplify this argument by introducing the concept of “embodied planning,” which takes an embodied cognition (...) perspective on planning development throughout childhood. From this integrated, comprehensive framework, we present a novel climbing paradigm as the ideal testbed to explore the development of embodied planning in childhood and across the lifespan. Finally, we outline future research directions and discuss practical applications of the work on developmental embodied planning for robotics, sports, and education. (shrink)

The present study provides evidence that valence focus and arousal focus are important processes in determining whether a dimensional or a discrete emotion model best captures how people label their affective states. Individuals high in valence focus and low in arousal focus fit a dimensional model better in that they reported more co-occurrences among like-valenced affective states, whereas those lower in valence focus and higher in arousal focus fit a discrete model better in that they reported fewer co-occurrences between like-valenced (...) affective states. Taken together, these findings suggest that one static, nomothetic theory may not accurately describe the subjective affective experience of all individuals. (shrink)

Stanford Encyclopedia Entry on Delusions.

Is curiosity a virtue or a vice? Curiosity, as a disposition to attain new, worthwhile information, can manifest as an epistemic virtue. When the disposition to attain new information is not manifested virtuously, this is either because the agent lacks the appropriate motivation to attain the information or because the agent has poor judgement, seeking information that is not worthwhile or seeking information by inappropriate means. In the right circumstances, curiosity contributes to the agent’s excellence in character: it is appropriate (...) to praise the agent for being curious, blame the agent for not being curious, and also prompt the agent to cultivate such curiosity, at least in some of the relevant contexts. We believe curiosity can also manifest as a moral virtue when it helps an interpreter view a speaker as an agent with a valuable perspective on the world. Especially in interactions where either there is a marked power imbalance between interpreter and speaker, or interpreter and speaker have identity beliefs that lead them to radically different worldviews, curiosity can help foster mutual understanding, and prevent the interpreter from dismissing, marginalizing, or pathologizing the speaker’s perspective. (shrink)

There is no satisfactory account for the general phenomenon of confabulation, for the following reasons: (1) confabulation occurs in a number of pathological and non-pathological conditions; (2) impairments giving rise to confabulation are likely to have different neural bases; and (3) there is no unique theory explaining the aetiology of confabulations. An epistemic approach to defining confabulation could solve all of these issues, by focusing on the surface features of the phenomenon. However, existing epistemic accounts are unable to offer sufficient (...) conditions for confabulation and tend to emphasise only its epistemic disadvantages. In this paper, we argue that a satisfactory epistemic account of confabulation should also acknowledge those features which are (potentially) epistemically advantageous. For example, confabulation may allow subjects to exercise some control over their own cognitive life which is instrumental to the construction or preservation of their sense of self. (shrink)

Confronting any science studies or learning sciences researcher in the 21st century is the reality of interdisciplinary science. New hybrid fields1 collaboratively build new concepts, combine models from two or more disciplines and forge inter-reliant relationships among specialists with different skill sets to solve new problems. This paper emerges from our recognition that inescapable psychological factors, including identity dynamics, must be described and analyzed in order to better understand the social and cognitive practices specific to interdisciplinary science. In analysis of (...) the foundations and opportunities for an... (shrink)

In this paper, we consider the relationships among corporate accountability, reputation, and tax behavior as a corporate social responsibility issue. As part of our investigation, we provide empirical examples of corporate reputation and corporate tax behaviors using a sample of large, U.S.-based multinational companies. In addition, we utilize corporate tax controversies to illustrate possibilities for aggressive corporate tax behaviors of high-profile multinationals to become a reputation threat. Finally, we consider whether reputation serves as an accountability mechanism for corporate tax behaviors (...) among other mechanisms for holding firms accountable for corporate tax behaviors. Our conceptual work points to a complicated relationship among shareholder, stakeholder, and civic responsibilities in the development and execution of firm’s corporate tax strategies. Building on those insights, our empirical illustration considers corporate reputation data alongside data which reflects corporate tax behavior. Based on this work, we find no clear trend or pattern indicating that reputation is associated with or affected by certain types of corporate tax behaviors. That is, our exploratory empirical illustration suggests that corporate tax behavior does not produce broad reputational consequences that would motivate a change in firm behavior. Drawing from celebrity and strategic silence research, we then suggest that reputation may not be a well-functioning mechanism for holding corporations to account for contributing their fair share of the resources used by government for the benefit of society and offer-related theoretical insights. (shrink)

This article gives a broad sense of existing debate about Global Citizenship Education to help situate and contextualize a novel case study. Scholars for Syria originated at a small university in southern Indiana. This grassroots response to the turmoil in Syria bridges the gap between a seemingly distant crisis and a midwestern city in the United States. The unique pedagogical and curricular dimensions of the case study work as a helpful framing device for facilitating exploration of debates about the shape (...) of GCE, as well as providing new ways in which to imagine GCE curriculum, pedagogy, and embedding ethics into wider university initiatives. (shrink)

Today, many pregnancy guides mention a nesting instinct. According to this, pregnant women would be seized by an urge to create the right environment for their child, for example to buy baby equipment or clean the apartment. The concept of the nesting instinct forms a specific configuration of knowledge: While it is widespread in the popular field, it occupies a marginal position in the scientific field. In this paper, I will investigate the historical epistemology of this form of knowledge. In (...) so doing, the following questions are addressed: How did the knowledge about a nesting instinct during pregnancy form? How was the nest as a specific natural-anthropogenic environment constructed? And to what extent do notions of gender and environment interact here? To answer these questions, the study takes the perspective of a history of knowledge in transit, in the longue durée from the nineteenth century to the present. The investigation reveals a gradual feminization of the concept of environment in the knowledge of the nesting instinct. Whereas in the nineteenth century it was often considered a male behavioral pattern and the nest was an analogy to the house, in the first decades of the twentieth century, the instinct transformed into a primarily female characteristic, with the nest representing the interior of the home. A decisive condition for this circulation of knowledge was that the nest became a ‘metaphorical thing’. As such, the nest did not simply lead to naturalization, but denoted a natural-social in-between space that increasingly became the goal of female care work. (shrink)

Habit is an integral concept for body studies, a hybrid concept and one that has provided the bedrock across the humanities for considering the interrelationships between movement and stasis, being and becoming, and process and fixity. Habits are seen to provide relay points between what is taken to be inside and outside, disrupting any clear and distinct boundary between nature and culture, self and other, the psychological and social, and even mind and matter. Habit thus discloses a paradox. It takes (...) up a unique position in affect modulation, which encompasses both regulation (in the form of discipline) and also extends the body’s potential for engaging the new, change and creativity. In order to understand the basis of the ambivalent duality governing understandings of habit it is argued that a genealogical approach to this question is necessary. This will be located within the recent ‘turn to affect’ and histories of conation within the psychological sciences, particularly taking the writings of William McDougall as a focus. (shrink)

Background Intersectionality is a concept that originated in Black feminist movements in the US-American context of the 1970s and 1980s, particularly in the work of feminist scholar and lawyer Kimberlé W. Crenshaw. Intersectional approaches aim to highlight the interconnectedness of gender and sexuality with other social categories, such as race, class, age, and ability to look at how individuals are discriminated against and privileged in institutions and societal power structures. Intersectionality is a “traveling concept”, which also made its way into (...) bioethical research. Methods We conducted a systematic review to answer the question of where and how the concept of intersectionality is applied in bioethical research. The PubMed and Web of Science databases were systematically searched and 192 articles addressing bioethical topics and intersectionality were finally included. Results The qualitative analysis resulted in a category system with five main categories: (1) application purpose and function, (2) social dimensions, (3) levels, (4) health-care disciplines and academic fields, and (5) challenges, limitations, and critique. The variety of academic fields and health-care disciplines working with the concept ranges from psychology, through gynaecology to palliative care and deaf studies. Important functions that the concept of intersectionality fulfils in bioethical research are making inequities visible, creating better health data collections and embracing self-reflection. Intersectionality is also a critical praxis and fits neatly into the overarching goal of bioethics to work toward social justice in health care. Intersectionality aims at making research results relevant for respective communities and patients, and informs the development of policies. Conclusions This systematic review is, to the best of our knowledge, the first one to provide a full overview of the reference to intersectionality in bioethical scholarship. It creates a basis for future research that applies intersectionality as a theoretical and methodical tool for analysing bioethical questions. (shrink)

The right not to know is often defended on the basis of the principle of respect for personal autonomy. If I choose not to acquire personal information that impacts on my future prospects, such a choice should be respected, because I should be able to decide whether to access information about myself and how to use it. But, according to the incoherence objection to the right not to know in the context of genetic testing, the choice not to acquire genetic (...) information undermines the capacity for autonomous decision making. The claim is that it is incoherent to defend a choice that is inimical to autonomy by appealing to autonomy. In this paper, I suggest that the choice not to know in the context of genetic testing does not undermine self-authorship, which is a key aspect of autonomous decision making. In the light of this, the incoherence objection to the right not to know seems less compelling. (shrink)

At a time when firms signal their commitment to CSR through online communication, news sources may convey conflicting information, causing stakeholders to perceive firm hypocrisy. Here, we test the effects of conflicting CSR information that conveys inconsistent outcomes (results-based hypocrisy) and ulterior motives (motive-based hypocrisy) on hypocrisy perceptions expressed in social media posts, which we conceptualize as countersignals that reach a broad audience of stakeholders. Across six studies, we find that (1) conflicting CSR information from internal (firm) and external (news) (...) sources elicits hypocrisy perceptions regardless of whether the CSR information reflects inconsistencies in results or motives, (2) individuals respond to conflicting CSR information with countersignals accusing firms of hypocrisy expressed in social media posts, (3) hypocrisy perceptions are linked to other damaging stakeholder consequences, including behavior (divestment, boycotting, lower employment interest), affect (moral outrage), and cognition (moral condemnation), and (4) firms with higher credibility are more likely to experience adverse effects of conflicting CSR information. These findings advance theory regarding the effects of conflicting CSR information as it relates to the role of credibility and different forms of hypocrisy. Importantly, damaging social media posts and stakeholder backlash can arise from hypocrisy perceptions associated with inconsistent CSR results as well as inconsistent motives, and strong firm credibility only makes a firm more vulnerable to this backlash. (shrink)

Exceptionalism is the view that one group is better than other groups and, by virtue of its alleged superiority, is not subject to the same constraints. Here we identify national exceptionalism in the responses made by political leaders in the United States and the United Kingdom to the covid-19 pandemic in early 2020. First, we observe that responses appealed to national values and national character and were marked by a denial of the severity of the situation. Second, we suggest an (...) analogy between national exceptionalism and unrealistic optimism, i.e., people’s tendency to make rosier predictions about their future than is warranted by the evidence due to illusions of superiority and control. Finally, we argue that, at the national level, exceptionalism gave rise to an assumption of invulnerability that made for slow responses to the pandemic, and at the individual level, it served as a justification of people’s failures to adopt safety behaviors. (shrink)

Current controversy over whether the Office of Management and Budget system of racial and ethnic classification should be used in pharmacogenetics research as suggested by the U.S. Federal Drug Administration has been couched in terms of realist-social constructionist debates on race. The assumptions both parties to these debates share instead need to be relinquished—specifically, dichotomies between the social and scientific and what is descriptive and evaluative/normative. This paper defends a pragmatic approach to the question of the appropriateness of the OMB (...) group categories in pharmacogenetics research, an approach that is local and context-specific rather than global, incorporates practical and ethical as well as theoretical dimensions, and recognizes intersections of the social and the biological in the constitution of group categories. (shrink)

It is important to be able to offer an account of which activities count as scientific research, given our current interest in promoting research as a means to benefit humankind and in ethically regulating it. We attempt to offer such an account, arguing that we need to consider both the procedural and functional dimensions of an activity before we can establish whether it is a genuine instance of scientific research. By placing research in a broader schema of activities, the similarities (...) and differences between research activities and other activities become visible. It is also easier to show why some activities that do not count as research can sometimes be confused with research and why some other activities can be regarded only partially as research. Although the concept of research is important to delimit a class of activities which we might be morally obliged to promote, we observe that the class of activities which are regarded as subject to ethical regulation is not exhausted by research activities. We argue that, whether they be research or not, all the activities that are likely to affect the rights and interests of the individuals involved and impact on the rights and interests of other individuals raise ethical issues and might be in need of ethical regulation. (shrink)

This descriptive case study explores how on cohort of 17 White elementary preservice teachers examined counter-narratives of racism and Whiteness in selected documentary films using a historical inquiry approach. Findings indicate that by joining documentary film and historical inquiry in elementary social studies education, teacher educators can foster preservice teachers' engagement with perspective recognition while developing historical content knowledge. This study also documents White preservice teachers' acceptance of racism and resistance towards unpacking their White privilege and racism as status quo. (...) Implications for using this approach with preservice teachers and the dilemma of White avoidance in social studies education are discussed. (shrink)

Although much has been written about the property of rationality, its requirements, and whether it is normative, rationality attributions themselves have not received much attention. The main aim of this paper is to address this oversight by focussing directly on rationality attributions and their complexities. After offering a diagnosis for why attributions have been largely overlooked, the paper introduces three problems that have plagued the rationality debate as a result: implausible symmetry, conflicts within rationality, and with reasons. Brunero’s (2012) answer (...) to the symmetry problem provides the beginnings of a solution but makes it harder to compare the rationality of agents. The remainder of the paper is dedicated to spelling out the new approach: to understand rationality attributions as relative to specific sets of attitudes. This approach circumvents the previous problems and meets a number of desiderata, resulting in a more nuanced and complete understanding of rationality that can enhance our practices of praising or criticising agents based on their rational performance. (shrink)

The pervasive effects of early childhood experiences on health at older ages, documented with methods from life course epidemiology, have served to refocus many public health efforts towards understanding the impact of both cumulative disadvantage and what are known as "sensitive periods" and "critical periods" in shaping health trajectories. While the impact of early childhood experiences has been well-studied, much less attention has been focused on other periods of the life course that might also serve as critical junctures in shaping (...) exposures and risks, periods that may also influence biological pathways leading to poor health in late life. This is especially important as we examine social and economic... (shrink)

In _Law’s Rule_, Gerald Postema provides a robust theoretical framework of the rule of law that technology scholars can use to analyze power in the digital world. He articulates how the rule of law can be concerned with private power, and not just public power. His emphasis on the ethos of fidelity allows us to see how the rule of law of law may be degraded in the digital era through the erosion of the informal institutions and practices needed to (...) sustain the rule of law. In addition to outlining these contributions, this paper argues that Postema’s account of digital power needs to focus more on digital power structures rather than digital power wielding, that digital power structures erode many informal constraints on power, and that addressing sociotechnical systems might require rethinking law’s distinctive instrumentalities in order to embrace the use of digital technologies to increase transparency and compliance. (shrink)

Legal minds have utilized the principle of double effect as proposed by St. Thomas Aquinas for centuries to shape legal authority in cases where moral judgment and legal reasoning meet. The U.S. Supreme Court had uti­lized double-effect reasoning in the realm of self-defense cases. This article discusses more recent use of double-effect reasoning in the landmark Supreme Court case Vacco v. Quill and its companion case, Washington v. Glucksberg. Chief Justice William Rehnquist, writing for the Court in Vacco, introduced double-effect (...) reasoning to identify the distinctions between palliative care and assisted suicide in an effort to uphold the constitutionality of the ban on assisted suicide in New York. National Catholic Bioethics Quarterly 11.1 (Spring 2011): 41–48. (shrink)

This open access book offers an exploration of delusions--unusual beliefs that can significantly disrupt people's lives. Experts from a range of disciplinary backgrounds, including lived experience, clinical psychiatry, philosophy, clinical psychology, and cognitive neuroscience, discuss how delusions emerge, why it is so difficult to give them up, what their effects are, how they are managed, and what we can do to reduce the stigma associated with them. Taken as a whole, the book proposes that there is continuity between delusions and (...) everyday beliefs. It is essential reading for researchers working on delusions and mental health more generally, and will also appeal to anybody who wants to gain a better understanding of what happens when the way we experience and interpret the world is different from that of the people around us. (shrink)

The possibility of genetic enhancement to increase the likelihood of success in sport and life’s prospects raises questions for accounts of sport and theories of justice. These questions obviously include the fairness of such enhancement and its relationship to the goals of sport and demands of justice. Of equal interest, however, is the effect on our understanding of individual effort, merit, and desert of either discovering genetic contributions to components of such effort or recognizing the influence of social factors on (...) the development and exercise of individual effort. This paper analyzes arguments about genetic enhancement with the goal of raising questions about how sport and justice regard unchosen, undeserved inequalities and what is assumed to be their opposite—namely, the exercise and results of individual effort. It is suggested that contemplating enhancement of natural assets previously outside human control may reinforce recognition of responsibility to intervene with regard to social advantages so as to support individual effort and improve individuals’ life prospects. (shrink)

ABSTRACT A recent issue of the journal Design and Culture included Lucy Kimbell's interview of object-oriented ontology philosopher Graham Harman. The invitation was premised on Harman's ability to counter the contemporary focus on user-centered design with an object orientation. Harman's appearance in the world of design discourse presents a paradox. To ask what object-oriented ontology that explicitly rejects anthropocentrism can offer user-centered and decidedly anthropocentric design practice seems to miss the point of an object orientation. An answer to the paradox (...) may reside in Ian Bogost's account of the metaphorism of object-oriented ontology. This essay explores Bogost's Alien Phenomenology, or What It's like to Be a Thing, which uses Harman's metaphor of black noise as “the background noise of peripheral objects,” and considers the design implications of Bogost's call to amplify black noise and linger in the speculative fiction of things, such as roasted green chile peppers, udon noodles, and pound cake. (shrink)

This volume introduces the most important ideas in animal ethics and builds on a critical dialogue emerging at the intersection of animal rights, environmental ethics, and religious studies. In search of Consistency examines the work of influential scholars Tom Regan (animal rights), Peter Singer (utilitarian ethics), Andrew Linzey (theologian), and Paul Taylor (environmental ethics), and explores ethics and animals across six world religions (Indigenous faiths, Hinduism, Buddhism, Christianity, Judaism, and Islam). In Search of Consistency sheds light on 'the sanctity of (...) life' by means of an intriguing moral theory, 'The Minimize Harm Maxim', rooted in the time-honoured moral ideals of impartiality and consistency. This volume questions what it means to be human and challenges our assumed place in the universe. . . . worth every penny and then some! It is never for a moment boring. The author has created something of lasting value. . . (Norm Phelps). (shrink)

Social policy questions in the U.S. are often framed in terms of individual rights, valorizing individual freedom and self‐determination. But this focus obscures the social and economic bases of health and disease. U.S. bioethics, as its counterparts in Africa and Asia have done, needs to restructure its philosophical framework and expand its moral criteria to consider how to define a global ethics.

Examination of the fluidity of communal and individual identity in the Middle East and North Africa suggests that such identities are not stable, singular or mutually exclusive but shaped by circumstances, particularly political and economic duress. An approach that adopts the uncertainty principle of quantum mechanics may be more productive in understanding identity politics in the region and in general.

This article examines the use of dialogues in two texts which functioned superficially as scientific handbooks for women: Aphra Behn's translation of Bernard le Bovier de Fontenelle's Entretien sur la pluralité des Mondes and Elizabeth Carter's Sir Isaac Newton's Philosophy Explained for the Use of Ladies (1739) translated from Francesco Algarotti's Il Newtoniasnismo Per le Dame (1737). Original texts exploit the female figure for the scientific cause, but at first glance, both of the original texts appeared generous to the ‘fair (...) sex’. However, neither text is as sympathetic as it initially appears. The confused gender messages emitted by these texts are further complicated by the fact that they were translated by women. (shrink)

Contemporary privacy debates regarding new technologies often define privacy in terms of control over personal information such that the privacy “problem” is a lack of control and the privacy “solution” is increased control. This article questions the control-paradigm by pointing to its parallels with earlier debates in the philosophy of technology regarding technology that was out-of-control. What first-generation philosophers of technology understood was that at the root of the questioning of technology lay a need to question the modern self itself. (...) Legal debates regarding privacy renew the importance of this question, for the control-paradigm perpetuates a view of the self as an individual with an inner core transparent to itself on solitary introspection and revealed to others through self-conscious acts of disclosure. Increasingly, this model fails to account for the challenges raised by new technologies and calls for rethinking. (shrink)

In this Article I argue that the emerging public/private nexus of surveillance involves the augmentation of state power and calls for new models of constitutional constraint. The key phenomenon is the role played by communications intermediaries in collecting the information that the state subsequently accesses. These intermediaries are not just powerful companies engaged in collecting and analyzing the information of users and the information they hold are not just business records. The key feature of these companies is that, through their (...) information practices and architecture, they mediate other relationships. I argue that this mediating function, and its underlying technological form, interacts with legal and social norms in ways that can lead to the erosion of constraints on state power. This Article maps two stories of erosion, rooted in two kinds of community displacement. The first involves the displacement of community participation in law enforcement and the emergence of “technological tattletales” where intermediaries cooperate with the state. Unlike citizen cooperation, this practice augments state power and undermines more traditional informal modes of constraint on state power. The second involves the displacement of national legal and political community. Communications intermediaries are often large multinational companies that operate in multiple jurisdictions and move their data to various datacenters across the world even as the individual data subject remains in one geographical location. Laws that treat nonresident aliens differently from residents and citizens can create “constitutional black holes” where the communications data of an individual is not protected by any constitutional constraints. (shrink)