Paper by Howard M. Erichson: “In Ashcroft v. Iqbal, building on Bell Atlantic v. Twombly, the Supreme Court instructed district courts to treat a complaint’s conclusions differently from allegations of fact. Facts, but not conclusions, are assumed true for purposes of a motion to dismiss. The Court did little to help judges or lawyers understand the elusive distinction, and, indeed, obscured the distinction with its language. The Court said it was distinguishing “legal conclusions” from factual allegations. The application in Twombly and Iqbal, however, shows that the relevant distinction is not between law and fact, but rather between different types of factual assertions. This essay, written for a symposium on the tenth anniversary of Ashcroft v. Iqbal, explores the definitional problem with the conclusion-fact distinction and examines how district courts have applied the distinction in recent cases….(More)”.
Assessing employer intent when AI hiring tools are biased
Report by Caitlin Chin at Brookings: “When it comes to gender stereotypes in occupational roles, artificial intelligence (AI) has the potential to either mitigate historical bias or heighten it. In the case of the Word2vec model, AI appears to do both.
Word2vec is a publicly available algorithmic model built on millions of words scraped from online Google News articles, which computer scientists commonly use to analyze word associations. In 2016, Microsoft and Boston University researchers revealed that the model picked up gender stereotypes existing in online news sources—and furthermore, that these biased word associations were overwhelmingly job related. Upon discovering this problem, the researchers neutralized the biased word correlations in their specific algorithm, writing that “in a small way debiased word embeddings can hopefully contribute to reducing gender bias in society.”
Their study draws attention to a broader issue with artificial intelligence: Because algorithms often emulate the training datasets that they are built upon, biased input datasets could generate flawed outputs. Because many contemporary employers utilize predictive algorithms to scan resumes, direct targeted advertising, or even conduct face- or voice-recognition-based interviews, it is crucial to consider whether popular hiring tools might be susceptible to the same cultural biases that the researchers discovered in Word2vec.
In this paper, I discuss how hiring is a multi-layered and opaque process and how it will become more difficult to assess employer intent as recruitment processes move online. Because intent is a critical aspect of employment discrimination law, I ultimately suggest four ways upon which to include it in the discussion surrounding algorithmic bias….(More)”
This report from The Brookings Institution’s Artificial Intelligence and Emerging Technology (AIET) Initiative is part of “AI and Bias,” a series that explores ways to mitigate possible biases and create a pathway toward greater fairness in AI and emerging technologies.
Redesigning Organizations: Concepts for the Connected Society
Book by Denise Feldner: “This book offers readers a deeper understanding of the Cyberspace, of how institutions and industries are reinventing themselves, helping them excel in the transition to a fully digitally connected global economy. Though technology plays a key part in this regard, societal acceptance is the most important underlying condition, as it poses pressing challenges that cut across companies, developers, governments and workers.
The book explores the challenges and opportunities involved, current and potential future concepts, critical reflections and best practices. It addresses connected societies, new opportunities for governments, the role of trust in digital networks, and future education networks. In turn, a number of representative case studies demonstrate the current state of development in practice….(More)”.
Engaging citizens in determining the appropriate conditions and purposes for re-using Health Data
Beth Noveck at The GovLab: “…The term, big health data, refers to the ability to gather and analyze vast quantities of online information about health, wellness and lifestyle. It includes not only our medical records but data from apps that track what we buy, how often we exercise and how well we sleep, among many other things. It provides an ocean of information about how healthy or ill we are, and unsurprisingly, doctors, medical researchers, healthcare organizations, insurance companies and governments are keen to get access to it. Should they be allowed to?
It’s a huge question, and AARP is partnering with GovLab to learn what older Americans think about it. AARP is a non-profit organization — the largest in the nation and the world — dedicated to empowering Americans to choose how they live as they age. In 2018 it had more than 38 million members. It is a key voice in policymaking in the United States, because it represents the views of people aged over 50 in this country.
From today, AARP and the GovLab are using the Internet to capture what AARP members feel are the most urgent issues confronting them to try to discover what worries people most: the use of big health data or the failure to use it.
The answers are not simple. On the one hand, increasing the use and sharing of data could enable doctors to make better diagnoses and interventions to prevent disease and make us healthier. It could lead medical researchers to find cures faster, while the creation of health data businesses could strengthen the economy.
On the other hand, the collection, sharing, and use of big health data could reveal sensitive personal information over which we have little control. This data could be sold without our consent, and be used by entities for surveillance or discrimination, rather than to promote well-being….(More)”.
Civic tech, Data and Demos: exploring the interaction between democracy and technology
IAPP: “The French data protection authority, the CNIL, has published a report that explores emerging issues of data protection and freedoms in democracy, technology and citizen participation. The report discusses the emergence of civic technologies and data protection issues associated. The CNIL also uses the report to propose its recommendations for creating “an environment of trust” with civic tech “that allows everyone to exercise their citizenship while respecting their rights and freedoms.” Those recommendations include more implementation of EU General Data Protection Regulation principles and considerations for improved digital communication and participation….(More)”.
Exploring digital government transformation in the EU
Analysis of the state of the art and review of literature by Gianluca Misuraca et al: “This report presents the… results of the review of literature, based on almost 500 academic and grey literature sources, as well as the analysis of digital government policies in the EU Member States provide a synthetic overview of the main themes and topics of the digital government discourse.
The report depicts the variety of existing conceptualisations and definitions of the digital government phenomenon, measured and expected effects of the application of more disruptive innovations and emerging technologies in government, as well as key drivers and barriers for transforming the public sector. Overall, the literature review shows that many sources appear overly optimistic with regard to the impact of digital government transformation, although the majority of them are based on normative views or expectations, rather than empirically tested insights.
The authors therefore caution that digital government transformation should be researched empirically and with a due differentiation between evidence and hope. In this respect, the report paves the way to in-depth analysis of the effects that can be generated by digital innovation in public sector organisations. A digital transformation that implies the redesign of the tools and methods used in the machinery of government will require in fact a significant change in the institutional frameworks that regulate and help coordinate the governance systems in which such changing processes are implemented…(More)”.
Between Truth and Power The Legal Constructions of Informational Capitalism
Book by Julie Cohen: “Our current legal system is to a great extent the product of an earlier period of social and economic transformation. From the late nineteenth century through the mid-twentieth century, as accountability for industrial-age harms became a pervasive source of conflict, the U.S. legal system underwent profound, tectonic shifts. Today, ownership of information-age resources and accountability for information-age harms have become pervasive sources of conflict, and different kinds of change are emerging.
In Between Truth and Power, Julie E. Cohen explores the relationships between legal institutions and political and economic transformation. Systematically examining struggles over the conditions of information flow and the design of information architectures and business models, she argues that as law is enlisted to help produce the profound economic and socio-technical shifts that have accompanied the emergence of the informational economy, it is too is transforming in fundamental ways. Drawing on elements from legal theory, science and technology studies, information studies, communication studies and organization studies to develop a complex theory of institutional change, Cohen develops an account of the gradual emergence of legal institutions adapted to the information age and of the power relationships that such institutions reflect and reproduce….(More)”.
Sifting for Deeper Insights from Public Opinion: Towards Crowdsourcing and Big Data for Project Improvement
Paper by Jean Marie Tshimula et al: “Over the years, there seems to be a unidirectional top-down approach to decision-making in providing social services to the masses. This has often led to poor uninformed decisions being made with outcomes which do not necessarily match needs. Similarly from the grassroots level, it has been challenging to give opinions that reach the governing authorities (decision-making organs). The government consequently sets targets geared towards addressing societal concerns, but which do not often achieve desired results where such government endeavors are not in harmony with societal needs.
With public opinions being heard and given consideration, societal needs can be better known and priorities set to address these concerns. This paper therefore presents a priority-based voting model for governments to collect public opinion data that bring suggestions to boost their endeavors in the right direction using crowdsourcing and big data analytics….(More)”.
Dreamocracy – Collective Intelligence for the Common Good
About: “Dreamocracy is a think-and-do-tank that fosters collective intelligence / creativity for the common good through analysis, advice to organisations, and by developing and implementing innovative stakeholder management experiments.
Dreamocracy aims to contribute to democracy’s reinvention and future. As Harvard scholar Yascha Mounk stresses, democracy in many parts of the world is at risk of “deconsolidation.” Possible collapse is signalled by the convergence of people’s dissatisfaction with democracy; their willingness to consider non-democratic forms of government as possible alternatives; and the rise in populist parties, anti-system movements and demagogues in government.
In order to ensure a bright future for democracy in service to society, Dreamocracy believes collective intelligence done well is essential to address the following three terms of our proposed “trust-in-government equation”:
TRUST = Process legitimacy + Output legitimacy + Emotions legitimacy….(More)”.
Platform Urbanism: Negotiating Platform Ecosystems in Connected Cities
Book by Sarah Barns: “This book reflects on what it means to live as urban citizens in a world increasingly shaped by the business and organisational logics of digital platforms. Where smart city strategies promote the roll-out of internet of things (IoT) technologies and big data analytics by city governments worldwide, platform urbanism responds to the deep and pervasive entanglements that exist between urban citizens, city services and platform ecosystems today.
Recent years have witnessed a backlash against major global platforms, evidenced by burgeoning literatures on platform capitalism, the platform society, platform surveillance and platform governance, as well as regulatory attention towards the market power of platforms in their dominance of global data infrastructure.
This book responds to these developments and asks: How do platform ecosystems reshape connected cities? How do urban researchers and policy makers respond to the logics of platform ecosystems and platform intermediation? What sorts of multisensory urban engagements are rendered through platform interfaces and modalities? And what sorts of governance challenges and responses are needed to cultivate and champion the digital public spaces of our connected lives….(More)”.