The Rule of Technology – How Technology Is Used to Disturb Basic Labor Law Protections

Curated on Posted on by Stefaan Verhulst

Paper by Tammy Katsabian: “Much has been written on technology and the law. Leading scholars are occupied with the power dynamics between capital, technology, and the law, along with their implications for society and human rights. Alongside that, various labor law scholars focus on the implications of smart technology on employees’ rights throughout the recruitment and employment periods and on workers’ status and rights in the growing phenomenon of platform-based work. This article aims to contribute to the current scholarship by zooming it out and observing from a bird’s-eye view how certain actors use technology to manipulate and challenge basic legal categories in labor today. This is done by referring to legal, sociological, and internet scholarship on the matter.

The main argument elaborated throughout this article is that digital technology is used to blur and distort many of the basic labor law protections. Because of this, legal categories and rights in the labor field seem to be outdated and need to be adjusted to this new reality.
By providing four detailed examples, the article unpacks how employers, giant high-tech companies, and society use various forms of technology to constantly disturb legal categories in the labor field regarding time, sphere, and relations. In this way, the article demonstrates how social media sites, information communication technologies, and artificial intelligence are used to blur the traditional concepts of privacy, working time and place, the employment contract, and community. This increased blurriness and fragility in labor have created many new difficulties that require new ways of thinking about regulation. Therefore, the article argues that both law and technology have to be modified to cope with the new challenges. Following this, the article proposes three possible ways in which to start considering the regulation of labor in the digital reality: (1) embrace flexibility as part of the legal order and use it as an interpretive tool and not just as an obstacle, (2) broaden the current legal protection and add a procedural layer to the legal rights at stake, and (3) use technology as part of the solution to the dilemmas that technology itself has emphasized. By doing so, this article seeks to enable more accurate thinking on law and regulation in the digital reality, particularly in the labor field, as well as in other fields and contexts….(More)”.

Improved targeting for mobile phone surveys: A public-private data collaboration

Curated on Posted on by Stefaan Verhulst

Blogpost by Kristen Himelein and Lorna McPherson: “Mobile phone surveys have been rapidly deployed by the World Bank to measure the impact of COVID-19 in nearly 100 countries across the world. Previous posts on this blog have discussed the sampling and  implementation challenges associated with these efforts, and coverage errors are an inherent problem to the approach. The survey methodology literature has shown mobile phone survey respondents in the poorest countries are more likely to be male, urban, wealthier, and more highly educated. This bias can stem from phone ownership, as mobile phone surveys are at best representative of mobile phone owners, a group which, particularly in poor countries, may differ from the overall population; or from differential response rates among these owners, with some groups more or less likely to respond to a call from an unknown number. In this post, we share our experiences in trying to improve representativeness and boost sample sizes for the poor in Papua New Guinea (PNG)….(More)”.

The Nudge Puzzle: Matching Nudge Interventions to Cybersecurity Decisions

Curated on Posted on by Stefaan Verhulst

Paper by Verena Zimmermann and Karen Renaud: “Nudging is a promising approach, in terms of influencing people to make advisable choices in a range of domains, including cybersecurity. However, the processes underlying the concept and the nudge’s effectiveness in different contexts, and in the long term, are still poorly understood. Our research thus first reviewed the nudge concept and differentiated it from other interventions before applying it to the cybersecurity area. We then carried out an empirical study to assess the effectiveness of three different nudge-related interventions on four types of cybersecurity-specific decisions. Our study demonstrated that the combination of a simple nudge and information provision, termed a “hybrid nudge,” was at least as, and in some decision contexts even more effective in encouraging secure choices as the simple nudge on its own. This indicates that the inclusion of information when deploying a nudge, thereby increasing the intervention’s transparency, does not necessarily diminish its effectiveness.

A follow-up study explored the educational and long-term impact of our tested nudge interventions to encourage secure choices. The results indicate that the impact of the initial nudges, of all kinds, did not endure. We conclude by discussing our findings and their implications for research and practice….(More)”.

We need a new era of international data diplomacy

Curated on Posted on by Stefaan Verhulst

Rohinton P. Medhora at the Financial Times: “From contact-tracing apps to telemedicine, digital health innovations that can help tackle coronavirus have been adopted swiftly during the pandemic. Lagging far behind, however, are any investigations of their reliability and the implications for privacy and human rights.

In the wake of this surge in “techno-solutionism”, the world needs a new era of data diplomacy to catch up.

Big data holds great promise in improving health outcomes. But it requires norms and standards to govern collection, storage and use, for which there is no global consensus. 

The world broadly comprises four data zones — China, the US, the EU and the remainder. The state-centric China zone, where individuals have no control over their personal data, is often portrayed as the poster child of the long-threatened Orwellian society.A woman scans a QR code of a local app to track personal data for the Covid-19 containment in Zouping in east China’s Shandong province © Barcroft Media via Getty Images

Yet the corporation-centric US zone is also disempowering. The “consent” that users provide to companies is meaningless. Most consumers do not read the endless pages of fine print before “agreeing”, while not consenting means opting out of the digital world and is seldom useful.

The EU’s General Data Protection Regulation goes furthest in entrenching the rights of EU citizens to safeguard their privacy and provide a measure of control over personal data.

But it is not without drawbacks. Costs of compliance are high, with small and medium-sized companies facing a disproportionately large bill that strengthens the large companies that the regulation was designed to rein in. There are also varying interpretations of the rules by different national data protection authorities.

The rest of the world does not have the capacity to create meaningful data governance. Governments are either de facto observers of others’ rules or stumble along with a non-regime. One-fifth of countries have no data protection and privacy legislation, according to figures from Unctad, the UN’s trade and development agency.

Global diplomacy is needed to bring some harmony in norms and practices between these four zones, but the task is not easy. Data straddles our prosperity, health, commerce, quality of democracy, security and safety.

A starting point could be a technology charter of principles, such as the Universal Declaration of Human Rights. It may not be fully applied everywhere, but it could serve as a beacon of hope — particularly for citizens in countries with oppressive regimes — and could guide the drafting of national and subnational legislation.

A second focus should be the equitable taxation of multinational digital platforms that use canny accounting practices to cut their tax bill. While the largest share of users — and one that is growing fast — are in populous poorer parts of the world, the value created from their data goes to richer countries.

This imbalance, coupled with widespread use of tax havens by multinational technology companies, is exacerbating government funding gaps already under pressure because of the pandemic.

A third priority is to revisit statistics. Just as the UN System of National Accounts was introduced in the 1950s, today we need a set of universally accepted definitions and practices to categorise data.

That would allow us to measure and understand the nature of the new data-driven economy. National statistical agencies must be strengthened to gather information and to act as stewards of ever greater quantities of personal data.

Finally, just as the financial crisis of 2007-08 led to the creation of the Financial Stability Forum (a global panel of regulators now called the Financial Stability Board), the Covid-19 crisis is an opportunity to galvanise action through a digital stability board….(More)”

Government digital services and children: pathways to digital transformation

Curated on Posted on by Stefaan Verhulst

Report by UNICEF and United Nations University (UNU-EGOV): “Digital technologies continue to change the dynamics of our economies and societies and, in so doing, have the potential to alter the character of modern government permanently. The ‘digital revolution’ has come with the promise of improved governance and more inclusive and responsive service delivery and there are now many public websites, digital platforms and applications through which governments inform and assist citizens using information and communication technologies (ICT).

A central tenet of the transition to e-government is the digitization of public health, education, social and identity management services offered by national and local governments. Digitization in these areas is undertaken to expand service access to the public and, in particular, to traditionally underserved groups. The 2020 United Nations E-Government Development Index finds that 80 per cent of 193 United Nations (UN) Member States now offer some digital content or online services for youth, women, older people, persons with disabilities, migrants and/or those living in poverty.

While these services are increasingly common in the 21st century, they have become essential during the global COVID-19 pandemic — not least, for children and families. Amidst the digital transformation of government, technology has an increasing impact on a child’s ability to enjoy the benefits of public health care, education and welfare initiatives, and the COVID-19 pandemic has now brought the potential — and challenges — of digital services for children to the fore of policy planning discussions. As a result of school closures in over 190 countries and the suspension of many vital face-to-face services, more than two-thirds of countries have introduced a national online learning platform for children during the pandemic, leading to a re-examination of the efficacy of these services for continuity of learning.

Despite this, there is surprisingly little systematic exploration of the discourse and practices that ensure that
e-government services can advance and protect the rights of children and young people…(More)”.

Chief information officers’ perceptions about artificial intelligence

Curated on Posted on by Stefaan Verhulst

Article by J. Ignacio Criado et al: “This article presents a study about artificial intelligence (AI) policy based on the perceptions, expectations, and challenges/opportunities given by chief information officers (CIOs). In general, publications about AI in the public sector relies on experiences, cases, ideas, and results from the private sector. Our study stands out from the need of defining a distinctive approach to AI in the public sector, gathering primary (and comparative) data from different countries, and assessing the key role of CIOs to frame federal/national AI policies and strategies. This article reports three research questions, including three dimensions of analysis: (1) perceptions regarding to the concept of AI in the public sector; (2) expectations about the development of AI in the public sector; and, (3) challenges and opportunities of AI in the public sector. This exploratory study presents the results of a survey administered to federal/national ministerial government CIOs in ministries of Mexico and Spain. Our descriptive statistical (and exploratory) analysis provides an overall approach to our dimensions, exploratory answering the research questions of the study. Our data supports the existence of different governance models and policy priorities in different countries. Also, these results might inform research in this same area and will help senior officials to assess the national AI policies actually in process of design and implementation in different national/federal, regional/state, and local/municipal contexts….(More)”.

Anticipatory innovation governance

Curated on Posted on by Stefaan Verhulst

OECD Working Paper: “This working paper introduces the key concepts and features of anticipatory innovation governance– i.e. the structures and mechanisms to allow and promote anticipatory innovation alongside other types of innovation in the public sector. This paper draws on academic literature and OECD work on a range of areas including public sector innovation, foresight, anticipatory governance and emerging technologies. The paper starts outlining an emerging framework to guide policy making in complex and uncertain contexts and sets out some questions for further research in the area of anticipatory innovation governance….(More)”

Nowcasting Gentrification Using Airbnb Data

Curated on Posted on by Stefaan Verhulst

Paper by Shomik Jain, Davide Proserpio, Giovanni Quattrone, and Daniele Quercia: “There is a rumbling debate over the impact of gentrification: presumed gentrifiers have been the target of protests and attacks in some cities, while they have been welcome as generators of new jobs and taxes in others. Census data fails to measure neighborhood change in real-time since it is usually updated every ten years. This work shows that Airbnb data can be used to quantify and track neighborhood changes. Specifically, we consider both structured data (e.g. number of listings, number of reviews, listing information) and unstructured data (e.g. user-generated reviews processed with natural language processing and machine learning algorithms) for three major cities, New York City (US), Los Angeles (US), and Greater London (UK). We find that Airbnb data (especially its unstructured part) appears to nowcast neighborhood gentrification, measured as changes in housing affordability and demographics. Overall, our results suggest that user-generated data from online platforms can be used to create socioeconomic indices to complement traditional measures that are less granular, not in real-time, and more costly to obtain….(More)”.

Switzerland to Hold Referendum on Covid-19 Lockdown

Curated on Posted on by Stefaan Verhulst

James Hookway at the Wall Street Journal: “Switzerland’s system of direct democracy will be put to the test again later this year, this time with a referendum on whether to roll back the government’s powers to impose lockdowns and other measures to slow the Covid-19 pandemic.

The landlocked Alpine nation of 8.5 million people is unusual in providing its people a say on important policy moves by offering referendums if enough people sign a petition for a vote. Last year, Swiss voted on increasing the stock of low-cost housing, tax allowances for children and hunting wolves.

The idea is to provide citizens a check on the power of the federal government, and it is a throwback to the fiercely independent patchwork of cantons, or districts, that were meshed in the medieval period.

Now, the country is set for a referendum on whether to remove the government’s legal authority to order lockdowns and other pandemic restrictions after campaigners submitted a petition of some 86,000 signatures this week—higher than the 50,000 required—triggering a nationwide vote to repeal last year’s Covid-19 Act….(More)”.

A Taxonomy for Data Ecosystems

Curated on Posted on by Stefaan Verhulst

Conference paper by Joshua Gelhaar et al: “In the increasingly interconnected business world, economic value is less and less created by one company alone but rather through the combination and enrichment of data by various actors in so-called data ecosystems. The research field around data ecosystems is, however, still in its infancy. With this study, we want to address this issue and contribute to a deeper understanding of data ecosystems. Therefore, we develop a taxonomy for data ecosystems which is grounded both theoretically through the linkage to the scientific knowledge base and empirically through the analyses of data ecosystem use cases. The resulting taxonomy consists of key dimensions and characteristics of data ecosystems and contributes to a better scientific understanding of this concept. Practitioners can use the taxonomy as an instrument to further understand, design and manage the data ecosystems their organizations are involved in….(More)”.