ARTICLE
Caught inside the black box: Criminalization, opaque technology, and the New York subway MetroCard
McClain, N. 2019.
This article investigates how an account of hidden, internal properties of an everyday technology became a framework to interpret human action as a serious crime. Using a case study situated in the New York subway system, I examine the criminalization of a practice of New York’s poor known as “selling swipes” performed by so-called “swipers”. A high court came to classify the practice as felony forgery, interpreting it though an expert-witness account of how objects physically manipulated by swipers interact with a secretive, proprietary digital information system. Thousands of felony arrests – overwhelmingly of nonwhite men – have been legitimated under this theory, in which the crime occurs on a plane of technical interactions to which swipers have no access. Through close examination of the underlying technology (known as MetroCard), however, I show considerable problems in the authorities’ understanding of the technology, illustrating the hazards of interpreting human action through proprietary or complex systems, especially as they are represented solely through expert accounts. The case demonstrates fresh connections between technology and unequal outcomes in the U.S. criminal justice system, and suggests an emerging form of social vulnerability, to interpretations of our actions through the logic of technologies black-boxed to us.