Fudging Nudging: Why ‘Libertarian Paternalism’ is the Contradiction It Claims It’s Not


Paper by Heidi M. Hurd: “In this piece I argue that so-called “libertarian paternalism” is as self-contradictory as it sounds. The theory of libertarian paternalism originally advanced by Richard Thaler and Cass Sunstein, and given further defense by Sunstein alone, is itself just a sexy ad campaign designed to nudge gullible readers into thinking that there is no conflict between libertarianism and welfare utilitarianism. But no one should lose sight of the fact that welfare utilitarianism just is welfare utilitarianism only if it sacrifices individual liberty whenever it is at odds with maximizing societal welfare. And thus no one who believes that people have rights to craft their own lives through the exercise of their own choices ought to be duped into thinking that just because paternalistic nudges are cleverly manipulative and often invisible, rather than overtly coercive, standard welfare utilitarianism can lay claim to being libertarian.

After outlining four distinct strains of libertarian theory and sketching their mutual incompatibility with so-called “libertarian paternalism,” I go on to demonstrate at some length how the two most prevalent strains — namely, opportunity set libertarianism and motivational libertarianism — make paternalistically-motivated nudges abuses of state power. As I argue, opportunity set libertarians should recognize nudges for what they are — namely, state incursions into the sphere of liberty in which individual choice is a matter of moral right, the boundaries of which are rightly defined, in part, by permissions to do actions that do not maximize welfare. And motivational libertarians should similarly recognize nudges for what they are — namely, illicitly motivated forms of legislative intervention that insult autonomy no less than do flat bans that leave citizens with no choice but to substitute the state’s agenda for their own. As I conclude, whatever its name, a political theory that recommends to state officials the use of “nudges” as means of ensuring that citizens’ advance the state’s understanding of their own best interests is no more compatible with libertarianism than is a theory that recommends more coercive means of paternalism….(More)”

Of Remixology: Ethics and Aesthetics after Remix


New book by David J. Gunkel : “Remix—or the practice of recombining preexisting content—has proliferated across media both digital and analog. Fans celebrate it as a revolutionary new creative practice; critics characterize it as a lazy and cheap (and often illegal) recycling of other people’s work. In Of Remixology, David Gunkel argues that to understand remix, we need to change the terms of the debate. The two sides of the remix controversy, Gunkel contends, share certain underlying values—originality, innovation, artistic integrity. And each side seeks to protect these values from the threat that is represented by the other. In reevaluating these shared philosophical assumptions, Gunkel not only provides a new way to understand remix, he also offers an innovative theory of moral and aesthetic value for the twenty-first century.

In a section called “Premix,” Gunkel examines the terminology of remix (including “collage,” “sample,” “bootleg,” and “mashup”) and its material preconditions, the technology of recording. In “Remix,” he takes on the distinction between original and copy; makes a case for repetition; and considers the question of authorship in a world of seemingly endless recompiled and repurposed content. Finally, in “Postmix,” Gunkel outlines a new theory of moral and aesthetic value that can accommodate remix and its cultural significance, remixing—or reconfiguring and recombining—traditional philosophical approaches in the process….(More)”

Tackling quality concerns around (volunteered) big data


University of Twente: “… Improvements in online information communication and mobile location-aware technologies have led to a dramatic increase in the amount of volunteered geographic information (VGI) in recent years. The collection of volunteered data on geographic phenomena has a rich history worldwide. For example, the Christmas Bird Count has studied the impacts of climate change on spatial distribution and population trends of selected bird species in North America since 1900. Nowadays, several citizen observatories collect information about our environment. This information is complementary or, in some cases, essential to tackle a wide range of geographic problems.

Despite the wide applicability and acceptability of VGI in science, many studies argue that the quality of the observations remains a concern. Data collected by volunteers does not often follow scientific principles of sampling design, and levels of expertise vary among volunteers. This makes it hard for scientists to integrate VGI in their research.

Low quality, inconsistent, observations can bias analysis and modelling results because they are not representative for the variable studied, or because they decrease the ratio of signal to noise. Hence, the identification of inconsistent observations clearly benefits VGI-based applications and provide more robust datasets to the scientific community.

In their paper the researchers describe a novel automated workflow to identify inconsistencies in VGI. “Leveraging a digital control mechanism means we can give value to the millions of observations collected by volunteers” and “it allows a new kind of science where citizens can directly contribute to the analysis of global challenges like climate change” say Hamed Mehdipoor and Dr. Raul Zurita-Milla, who work at the Geo-Information Processing department of ITC….

While some inconsistent observations may reflect real, unusual events, the researchers demonstrated that these observations also bias the trends (advancement rates), in this case of the date of lilac flowering onset. This shows that identifying inconsistent observations is a pre-requisite for studying and interpreting the impact of climate change on the timing of life cycle events….(More)”

How Big Data is Helping to Tackle Climate Change


Bernard Marr at DataInformed: “Climate scientists have been gathering a great deal of data for a long time, but analytics technology’s catching up is comparatively recent. Now that cloud, distributed storage, and massive amounts of processing power are affordable for almost everyone, those data sets are being put to use. On top of that, the growing number of Internet of Things devices we are carrying around are adding to the amount of data we are collecting. And the rise of social media means more and more people are reporting environmental data and uploading photos and videos of their environment, which also can be analyzed for clues.

Perhaps one of the most ambitious projects that employ big data to study the environment is Microsoft’s Madingley, which is being developed with the intention of creating a simulation of all life on Earth. The project already provides a working simulation of the global carbon cycle, and it is hoped that, eventually, everything from deforestation to animal migration, pollution, and overfishing will be modeled in a real-time “virtual biosphere.” Just a few years ago, the idea of a simulation of the entire planet’s ecosphere would have seemed like ridiculous, pie-in-the-sky thinking. But today it’s something into which one of the world’s biggest companies is pouring serious money. Microsoft is doing this because it believes that analytical technology has finally caught up with the ability to collect and store data.

Another data giant that is developing tools to facilitate analysis of climate and ecological data is EMC. Working with scientists at Acadia National Park in Maine, the company has developed platforms to pull in crowd-sourced data from citizen science portals such as eBird and iNaturalist. This allows park administrators to monitor the impact of climate change on wildlife populations as well as to plan and implement conservation strategies.

Last year, the United Nations, under its Global Pulse data analytics initiative, launched the Big Data Climate Challenge, a competition aimed to promote innovate data-driven climate change projects. Among the first to receive recognition under the program is Global Forest Watch, which combines satellite imagery, crowd-sourced witness accounts, and public datasets to track deforestation around the world, which is believed to be a leading man-made cause of climate change. The project has been promoted as a way for ethical businesses to ensure that their supply chain is not complicit in deforestation.

Other initiatives are targeted at a more personal level, for example by analyzing transit routes that could be used for individual journeys, using Google Maps, and making recommendations based on carbon emissions for each route.

The idea of “smart cities” is central to the concept of the Internet of Things – the idea that everyday objects and tools are becoming increasingly connected, interactive, and intelligent, and capable of communicating with each other independently of humans. Many of the ideas put forward by smart-city pioneers are grounded in climate awareness, such as reducing carbon dioxide emissions and energy waste across urban areas. Smart metering allows utility companies to increase or restrict the flow of electricity, gas, or water to reduce waste and ensure adequate supply at peak periods. Public transport can be efficiently planned to avoid wasted journeys and provide a reliable service that will encourage citizens to leave their cars at home.

These examples raise an important point: It’s apparent that data – big or small – can tell us if, how, and why climate change is happening. But, of course, this is only really valuable to us if it also can tell us what we can do about it. Some projects, such as Weathersafe, which helps coffee growers adapt to changing weather patterns and soil conditions, are designed to help humans deal with climate change. Others are designed to tackle the problem at the root, by highlighting the factors that cause it in the first place and showing us how we can change our behavior to minimize damage….(More)”

Data protection in a big data society. Ideas for a future regulation


Paper by Alessandro Mantelero and Giuseppe Vaciago at Digital Investigation: “Big data society has changed the traditional forms of data analysis and created a new predictive approach to knowledge and investigation. In this light, it is necessary to consider the impact of this new paradigm on the traditional notion of data protection and its regulation.

Focussing on the individual and communal dimension of data use, encompassing digital investigations, the authors outline the challenges that big data poses for individual information self-determination, reasonable suspicion and collective interests. Therefore, the article suggests some innovative proposals that may update the existing data protection legal framework and contribute to make it respondent to the present algorithmic society….(More)”

The Behavioral Divide: A Critique of the Differential Implementation of Behavioral Law and Economics in the US and the EU


 at the European Review of Contract Law: “A behavioral divide cuts across the Atlantic. Despite the recent surge of behavioral analysis in European academia, a scrutiny of decisions by courts and regulatory agencies in the US and the EU reveals striking differences. While in the US rulings by courts and regulatory agencies progressively take insights from behavioral economics into account, EU courts and agencies still, and even increasingly, cling to the rational actor model. These inverse trends can be uncovered in the interpretation of legal concepts of human agency, ie, of those elements in a legal order which refer, implicitly or explicitly, to a model of rationality of human actors. More particularly, this paper reviews the concepts of consumers and of users, in consumer law and product liability respectively, to underscore the claim of the behavioral divide. Importantly, the divergence between EU and US private law practice calls for a normative evaluation. In the face of empirical uncertainty about the existence, direction and intensity of biases, the most attractive legal concept of human agency is a pluralistic one, assuming the simultaneous presence of boundedly and fully rational actors. In concrete applications, this paper shows that a pluralistic perspective urges a revision of the concept of the reasonable consumer, both in US and EU consumer law. Furthermore, such a view leads to the adoption of a more boundedly rational user concept in product liability. The pluralistic, yet more boundedly rational concepts thus have far-reaching consequences both for private law theory and its concomitant case law….(More)”

Anonymous hackers could be Islamic State’s online nemesis


 at the Conversation: “One of the key issues the West has had to face in countering Islamic State (IS) is the jihadi group’s mastery of online propaganda, seen in hundreds of thousands of messages celebrating the atrocities against civilians and spreading the message of radicalisation. It seems clear that efforts to counter IS online are missing the mark.

A US internal State Department assessment noted in June 2015 how the violent narrative of IS had “trumped” the efforts of the world’s richest and most technologically advanced nations. Meanwhile in Europe, Interpol was to track and take down social media accounts linked to IS, as if that would solve the problem – when in fact doing so meant potentially missing out on intelligence gathering opportunities.

Into this vacuum has stepped Anonymous, a fragmented loose network of hacktivists that has for years launched occasional cyberattacks against government, corporate and civil society organisations. The group announced its intention to take on IS and its propaganda online, using its networks to crowd-source the identity of IS-linked accounts. Under the banner of #OpIsis and #OpParis, Anonymous published lists of thousands of Twitter accounts claimed to belong to IS members or sympathisers, claiming more than 5,500 had been removed.

The group pursued a similar approach following the attacks on Charlie Hebdo magazine in January 2015, with @OpCharlieHebdo taking down more than 200 jihadist Twitter acounts, bringing down the website Ansar-Alhaqq.net and publishing a list of 25,000 accounts alongside a guide on how to locate pro-IS material online….

Anonymous has been prosecuted for cyber attacks in many countries under cybercrime laws, as their activities are not seen as legitimate protest. It is worth mentioning the ethical debate around hacktivism, as some see cyber attacks that take down accounts or websites as infringing on others’ freedom of expression, while others argue that hacktivism should instead create technologies to circumvent censorship, enable digital equality and open access to information….(More)”

Crowdsourced phone camera footage maps conflicts


Springwise: “The UN requires accurate proof when investigating possible war crimes, but with different sides of a conflict providing contradicting evidence, and the unsafe nature of the environment, gaining genuine insight can be problematic. A team based at Goldsmith’s University in the UK are using amateur footage to investigate.

Forensic Architecture makes use of the increasingly prevalent smartphone footage on social media networks. By crowdsourcing several viewpoints around a given location on an accurately 3D rendered map, the team are able to determine where explosive devices were used, and of what calibre. Key resources are smoke plumes from explosions, which provide a unique shape at any moment, allowing the team to map them and identify the smoke at the exact moment from various viewpoints, providing a dossier of evidence to build up evidence against a war crime.

While Forensic Architecture’s method has been developed to validate war crime atrocities, the potential uses in other areas where satellite data are not available are numerous — forest fire sources could be located based on smoke plumes, and potential crowd crush scenarios may be spotted before they occur….(More)”

Public Participation Organizations and Open Policy


Paper by Helen Pallett at Science Communication: “This article builds on work in Science and Technology Studies and cognate disciplines concerning the institutionalization of public engagement and participation practices. It describes and analyses ethnographic qualitative research into one “organization of participation,” the UK government–funded Sciencewise program. Sciencewise’s interactions with broader political developments are explored, including the emergence of “open policy” as a key policy object in the UK context. The article considers what the new imaginary of openness means for institutionalized forms of public participation in science policymaking, asking whether this is illustrative of a “constitutional moment” in relations between society and science policymaking….(More)

The War on Campus Sexual Assault Goes Digital


As the problem of sexual assault on college campuses has become a hot-button issue for school administrators and federal education regulators, one question keeps coming up: Why don’t more students report attacks?

According to a recent study of 27 schools, about one-quarter of female undergraduates and students who identified as queer or transgender said they had experienced nonconsensual sex or touching since entering college, but most of the students said they did not report it to school officials or support services.

Some felt the incidents weren’t serious enough. Others said they did not think anyone would believe them or they feared negative social consequences. Some felt it would be too emotionally difficult.

Now, in an effort to give students additional options — and to provide schools with more concrete data — a nonprofit software start-up in San Francisco called Sexual Health Innovations has developed an online reporting system for campus sexual violence.

Students at participating colleges can use its site, called Callisto, to record details of an assault anonymously. The site saves and time-stamps those records. That allows students to decide later whether they want to formally file reports with their schools — identifying themselves by their school-issued email addresses — or download their information and take it directly to the police. The site also offers a matching system in which a user can elect to file a report with the school electronically only if someone else names the same assailant.

Callisto’s hypothesis is that some college students — who already socialize, study and shop online — will be more likely initially to document a sexual assault on a third-party site than to report it to school officials on the phone or in person.

“If you have to walk into a building to report, you can only go at certain times of day and you’re not certain who you have to talk to, how many people you have to talk to, what they will ask,” Jessica Ladd, the nonprofit’s founder and chief executive, said in a recent interview in New York. “Whereas online, you can fill out a form at any time of day or night from anywhere and push a button.”

Callisto is part of a wave of apps and sites that tackle different facets of the sexual assault problem on campus. Some colleges and universities have introduced third-party mobile apps that enable students to see maps of local crime hot spots, report suspicious activity, request a ride from campus security services or allow their friends to track their movements virtually as they walk home. Many schools now ask students to participate in online or in-person training programs that present different situations involving sexual assault, relationship violence and issues of consent…..(More)”