Under which conditions can civic monitoring be admitted as a source of evidence in courts?

Curated on Posted on by Stefaan Verhulst

Blog by Anna Berti Suman: “The ‘Sensing for Justice’ (SensJus) research project – running between 2020 and 2023 – explored how people use monitoring technologies or just their senses to gather evidence of environmental issues and claim environmental justice in a variety of fora. Among the other research lines, we looked at successful and failed cases of civic-gathered data introduced in courts. The guiding question was: what are the enabling factors and/or barriers for the introduction of civic evidence in environmental litigation?

Civic environmental monitoring is the use by ordinary people of monitoring devices (e.g., a sensor) or their bare senses (e.g., smell, hearing) to detect environmental issues. It can be regarded as a form of reaction to environmental injustices, a form of political contestation through data and even as a form of collective care. The practice is fast growing, especially thanks to the widespread availability of audio and video-recording devices in the hand of diverse publics, but also due to the increase in public literacy and concern on environmental matters.

Civic monitoring can be a powerful source of evidence for law enforcement, especially when it sheds light on official informational gaps associated with the shortages of public agencies’ resources to detect environmental wrongdoings. Both legal scholars and practitioners as well as civil society organizations and institutional actors should look at the practice and its potential applications with attention.

Among the cases explored for the SensJus project, the Formosa case, Texas, United States, stands out as it sets a key precedent: issued in June 2019, the landmark ruling found a Taiwanese petrochemical company liable for violating the US Clean Water Act, mostly on the basis of citizen-collected evidence involving volunteer observations of plastic contamination over years. The contamination could not be proven through existing data held by competent authorities because the company never filed any record of pollution. Our analysis of the case highlights some key determinants of the case’s success…(More)”.

Data Protection Law and Emotion

Curated on Posted on by Stefaan Verhulst

Book by Damian Clifford: “Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as ‘data subjects’. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control rights and by relying on those who process our data to do so fairly.

Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasizing the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues.

Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators…(More)”.

Relational ethics in health care automation

Curated on Posted on by Stefaan Verhulst

Paper by Frances Shaw and Anthony McCosker: “Despite the transformative potential of automation and clinical decision support technology in health care, there is growing urgency for more nuanced approaches to ethics. Relational ethics is an approach that can guide the responsible use of a range of automated decision-making systems including the use of generative artificial intelligence and large language models as they affect health care relationships. 

There is an urgent need for sector-wide training and scrutiny regarding the effects of automation using relational ethics touchstones, such as patient-centred health care, informed consent, patient autonomy, shared decision-making, empathy and the politics of care.

The purpose of this review is to offer a provocation for health care practitioners, managers and policy makers to consider the use automated tools in practice settings and examine how these tools might affect relationships and hence care outcomes…(More)”.

Modeling Cities and Regions as Complex Systems

Curated on Posted on by Stefaan Verhulst

Book by Roger White, Guy Engelen and Inge Uljee: “Cities and regions grow (or occasionally decline), and continuously transform themselves as they do so. This book describes the theory and practice of modeling the spatial dynamics of urban growth and transformation. As cities are complex, adaptive, self-organizing systems, the most appropriate modeling framework is one based on the theory of self-organizing systems—an approach already used in such fields as physics and ecology. The book presents a series of models, most of them developed using cellular automata (CA), which are inherently spatial and computationally efficient. It also provides discussions of the theoretical, methodological, and philosophical issues that arise from the models. A case study illustrates the use of these models in urban and regional planning. Finally, the book presents a new, dynamic theory of urban spatial structure that emerges from the models and their applications.

The models are primarily land use models, but the more advanced ones also show the dynamics of population and economic activities, and are integrated with models in other domains such as economics, demography, and transportation. The result is a rich and realistic representation of the spatial dynamics of a variety of urban phenomena. The book is unique in its coverage of both the general issues associated with complex self-organizing systems and the specifics of designing and implementing models of such systems…(More)”.

Constructing Valid Geospatial Tools for Environmental Justice

Curated on Posted on by Stefaan Verhulst

Report from the National Academies of Sciences, Engineering, and Medicine: “Decades of research have shown that the most disadvantaged communities exist at the intersection of high levels of hazard exposure, racial and ethnic marginalization, and poverty.

Mapping and geographical information systems have been crucial for analyzing the environmental burdens of marginalized communities, and several federal and state geospatial tools have emerged to help address environmental justice concerns — such as the Climate and Economic Justice Screening Tool developed in 2022 in response to Justice40 initiatives from the Biden administration.

Constructing Valid Geospatial Tools for Environmental Justice, a new report from the National Academies of Sciences, Engineering, and Medicine, offers recommendations for developing environmental justice tools that reflect the experiences of the communities they measure.

The report recommends data strategies focused on community engagement, validation, and documentation. It emphasizes using a structured development process and offers guidance for selecting and assessing indicators, integrating indicators, and incorporating cumulative impact scoring. Tool developers should choose measures of economic burden beyond the federal poverty level that account for additional dimensions of wealth and geographic variations in cost of living. They should also use indicators that measure the impacts of racism in policies and practices that have led to current disparities…(More)”.

Governing mediation in the data ecosystem: lessons from media governance for overcoming data asymmetries

Curated on Posted on by Stefaan Verhulst

Chapter by Stefaan Verhulst in Handbook of Media and Communication Governance edited by Manuel Puppis , Robin Mansell , and Hilde Van den Bulck: “The internet and the accompanying datafication were heralded to usher in a golden era of disintermediation. Instead, the modern data ecology witnessed a process of remediation, or ‘hyper-mediation’, resulting in governance challenges, many of which underlie broader socioeconomic difficulties. Particularly, the rise of data asymmetries and silos create new forms of scarcity and dominance with deleterious political, economic and cultural consequences. Responding to these challenges requires a new data governance framework, focused on unlocking data and developing a more data pluralistic ecosystem. We argue for regulation and policy focused on promoting data collaboratives, an emerging form of cross-sectoral partnership; and on the establishment of data stewards, individuals/groups tasked with managing and responsibly sharing organizations’ data assets. Some regulatory steps are discussed, along with the various ways in which these two emerging stakeholders can help alleviate data scarcities and their associated problems…(More)”

Regulating the Direction of Innovation

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Paper by Joshua S. Gans: “This paper examines the regulation of technological innovation direction under uncertainty about potential harms. We develop a model with two competing technological paths and analyze various regulatory interventions. Our findings show that market forces tend to inefficiently concentrate research on leading paths. We demonstrate that ex post regulatory instruments, particularly liability regimes, outperform ex ante restrictions in most scenarios. The optimal regulatory approach depends critically on the magnitude of potential harm relative to technological benefits. Our analysis reveals subtle insurance motives in resource allocation across research paths, challenging common intuitions about diversification. These insights have important implications for regulating emerging technologies like artificial intelligence, suggesting the need for flexible, adaptive regulatory frameworks…(More)”.

Civic Monitoring for Environmental Law Enforcement

Curated on Posted on by Stefaan Verhulst

Book by Anna Berti Suman: “This book presents a thought-provoking inquiry demonstrating how civic environmental monitoring can support law enforcement. It provides an in-depth analysis of applicable legal frameworks and conventions such as the Aarhus Convention, with an enlightening discussion on the civic right to contribute environmental information.

Civic Monitoring for Environmental Law Enforcement discusses multi- and interdisciplinary research into how civil society uses monitoring techniques to gather evidence of environmental issues. The book argues that civic monitoring is a constructive approach for finding evidence of environmental wrongdoings and for leveraging this evidence in different institutional fora, including judicial proceedings and official reporting for environmental protection agencies. It also reveals the challenges and implications associated with a greater reliance on civic monitoring practices by institutions and society at large.

Adopting original methodological approaches to drive inspiration for further research, this book is an invaluable resource for students and scholars of environmental governance and regulation, environmental law, politics and policy, and science and technology studies. It is also beneficial to civil society actors, civic initiatives, legal practitioners, and policymakers working in institutions engaged in the application of environmental law…(More)”

Using AI to Map Urban Change

Curated on Posted on by Stefaan Verhulst

Brief by Tianyuan Huang, Zejia Wu, Jiajun Wu, Jackelyn Hwang, Ram Rajagopal: “Cities are constantly evolving, and better understanding those changes facilitates better urban planning and infrastructure assessments and leads to more sustainable social and environmental interventions. Researchers currently use data such as satellite imagery to study changing urban environments and what those changes mean for public policy and urban design. But flaws in the current approaches, such as inadequately granular data, limit their scalability and their potential to inform public policy across social, political, economic, and environmental issues.

Street-level images offer an alternative source of insights. These images are frequently updated and high-resolution. They also directly capture what’s happening on a street level in a neighborhood or across a city. Analyzing street-level images has already proven useful to researchers studying socioeconomic attributes and neighborhood gentrification, both of which are essential pieces of information in urban design, sustainability efforts, and public policy decision-making for cities. Yet, much like other data sources, street-level images present challenges: accessibility limits, shadow and lighting issues, and difficulties scaling up analysis.

To address these challenges, our paper “CityPulse: Fine-Grained Assessment of Urban Change with Street View Time Series” introduces a multicity dataset of labeled street-view images and proposes a novel artificial intelligence (AI) model to detect urban changes such as gentrification. We demonstrate the change-detection model’s effectiveness by testing it on images from Seattle, Washington, and show that it can provide important insights into urban changes over time and at scale. Our data-driven approach has the potential to allow researchers and public policy analysts to automate and scale up their analysis of neighborhood and citywide socioeconomic change…(More)”.

Visualization for Public Involvement

Curated on Posted on by Stefaan Verhulst

Report by the National Academies of Sciences, Engineering, and Medicine: “Visualization methods have long been integral to the public involvement process for transportation planning and project development. From well-established methods such as conceptual sketches or photo simulations to the latest immersive technologies, state departments of transportation (DOTs) recognize that visualizations can significantly increase public understanding of a project’s appearance and physical impacts. Emerging methods such as interactive three-dimensional environments, virtual reality, and augmented reality can dramatically enhance public understanding of transportation options and design concepts…(More)”.