How Long Is Too Long? The 4th Amendment and the Mosaic Theory

Curated on Posted on by Stefaan Verhulst

Law and Liberty Blog: “Volume 8.2 of the NYU Journal of Law and Liberty has been sent to the printer and physical copies will be available soon, but the articles in the issue are already available online here. One article that has gotten a lot of attention so far is by Steven Bellovin, Renee Hutchins, Tony Jebara, and Sebastian Zimmeck titled “When Enough is Enough: Location Tracking, Mosaic Theory, and Machine Learning.” A direct link to the article is here.
The mosaic theory is a modern corollary accepted by some academics – and the D.C. Circuit Court of Appeals in Maynard v. U.S. – as a twenty-first century extension of the Fourth Amendment’s prohibition on unreasonable searches of seizures. Proponents of the mosaic theory argue that at some point enough individual data collections, compiled and analyzed together, become a Fourth Amendment search. Thirty years ago the Supreme Court upheld the use of a tracking device for three days without a warrant, however the proliferation of GPS tracking in cars and smartphones has made it significantly easier for the police to access a treasure trove of information about our location at any given time.
It is easy to see why this theory has attracted some support. Humans are creatures of habit – if our public locations are tracked for a few days, weeks, or a month, it is pretty easy for machines to learn our ways and assemble a fairly detailed report for the government about our lives. Machines could basically predict when you will leave your house for work, what route you will take, when and where you go grocery shopping, all before you even do it, once it knows your habits. A policeman could observe you moving about in public without a warrant of course, but limited manpower will always reduce the probability of continuous mass surveillance. With current technology, a handful of trained experts could easily monitor hundreds of people at a time from behind a computer screen, and gather even more information than most searches requiring a warrant. The Supreme Court indicated a willingness to consider the mosaic theory in U.S. v. Jones, but has yet to embrace it…”

The article in Law & Liberty details the need to determine at which point machine learning creates an intrusion into our reasonable expectations of privacy, and even discusses an experiment that could be run to determine how long data collection can proceed before it is an intrusion. If there is a line at which individual data collection becomes a search, we need to discover where that line is. One of the articles’ authors, Steven Bollovin, has argued that the line is probably at one week – at that point your weekday and weekend habits would be known. The nation’s leading legal expert on criminal law, Professor Orin Kerr, fired back on the Volokh Conspiracy that Bollovin’s one week argument is not in line with previous iterations of the mosaic theory.

Open Government Will Reshape Latin America

Curated on Posted on by Stefaan Verhulst

Alejandro Guerrero at Medium: “When people think on the place for innovations, they typically think on innovation being spurred by large firms and small startups based in the US. And particularly in that narrow stretch of land and water called Silicon Valley.
However, the flux of innovation taking place in the intersection between technology and government is phenomenal and emerging everywhere. From the marble hallways of parliaments everywhere —including Latin America’s legislative houses— to office hubs of tech-savvy non-profits full of enthusiastic social changers —also including Latin American startups— a driving force is starting to challenge our conception of how government and citizens can and should interact. And few people are discussing or analyzing these developments.
Open Government in Latin America
The potential for Open Government to improve government’s decision-making and performance is huge. And it is particularly immense in middle income countries such as the ones in Latin America, where the combination of growing incomes, more sophisticated citizens’ demands, and broken public services is generating a large bottom-up pressure and requesting more creative solutions from governments to meet the enormous social needs, while cutting down corruption and improving governance.
It is unsurprising that citizens from all over Latin America are increasingly taking the streets and demanding better public services and more transparent institutions.
While these protests are necessarily short-lived and unarticulated —a product of growing frustration with government— they are a symptom with deeper causes that won’t go easily away, and these protests will most likely come back with increasing frequency and the unresolved frustration may eventually transmute in political platforms with more radical ideas to challenge the status quo.
Behind the scene, governments across the region still face enormous weaknesses in public management, ill-prepared and underpaid public officials carry on with their duties as the platonic idea of a demotivated workforce, and the opportunities for corruption, waste, and nepotism are plenty. The growing segment of more affluent citizens simply opt out from government and resort to private alternatives, thus exacerbating inequalities in the already most unequal region in the world. The crumbling middle classes and the poor can just resort to voicing their complaints. And they are increasingly doing so.
And here is where open government initiatives might play a transformative role, disrupting the way governments make decisions and work while empowering citizens in the process.
The preconditions for OpenGov are almost here
In Latin America, connectivity rates are growing fast (reaching 61% in 2013 for the Americas as a whole), close to 90% of the population owns a cellphone, and access to higher levels of education keeps growing (as an example, the latest PISA report indicates that Mexico went from 58% in 2003 to 70% high-schoolers in 2012). The social conditions for a stronger role of citizens in government are increasingly there.
Moreover, most Latin American countries passed transparency laws during the 2000s, creating the enabling environment for open government initiatives to flourish. It is thus unsurprising that the next generation of young government bureaucrats, on average more internet-savvy and better educated than its predecessors, is taking over and embracing innovations in government. And they are finding echo (and suppliers of ideas and apps!) among local startups and civil society groups, while also being courted by large tech corporations (think of Google or Microsoft) behind succulent government contracts associated with this form of “doing good”.
This is an emerging galaxy of social innovators, technologically-savvy bureaucrats, and engaged citizens providing a large crowd-sourcing community and an opportunity to test different approaches. And the underlying tectonic shifts are pushing governments towards that direction. For a sampler, check out the latest developments for Brazil, Argentina, Peru, Mexico, Colombia, Paraguay, Chile, Panama, Costa Rica, Guatemala, Honduras, Dominican Republic, Uruguay and (why not?) my own country, which I will include in the review often for the surprisingly limited progress of open government in this OECD member, which shares similar institutions and challenges with Latin America.

A Road Full of Promise…and Obstacles

Most of the progress in Latin America is quite recent, and the real impact is still often more limited once you abandon the halls of the Digital Government directorates and secretarías or look if you look beyond the typical government data portal. The resistance to change is as human as laughing, but it is particularly intense among the public sector side of human beings. Politics also typically plays a enormous role in resisting transparency open government, and in a context of weak institutions and pervasive corruption, the temptation to politically block or water down open data/open government projects is just too high. Selective release of data (if any) is too frequent, government agencies often act as silos by not sharing information with other government departments, and irrational fears by policy-makers combined with adoption barriers (well explained here) all contribute to deter the progress of the open government promise in Latin America…”

Special Issue on Innovation through Open Data

Curated on Posted on by Stefaan Verhulst

A Review of the State-of-the-Art and an Emerging Research Agenda in the Journal of Theoretical and Applied Electronic Commerce Research:

  • Going Beyond Open Data: Challenges and Motivations for Smart Disclosure in Ethical Consumption (Djoko Sigit Sayogo, Jing Zhang, Theresa A. Pardo, Giri K. Tayi, Jana Hrdinova, David F. Andersen and Luis Felipe Luna-Reyes)
  • Shaping Local Open Data Initiatives: Politics and Implications (Josefin Lassinantti, Birgitta Bergvall-Kåreborn and Anna Ståhlbröst)
  • A State-of-the-Art Analysis of the Current Public Data Landscape from a Functional, Semantic and Technical Perspective (Michael Petychakis, Olga Vasileiou, Charilaos Georgis, Spiros Mouzakitis and John Psarras)
  • Using a Method and Tool for Hybrid Ontology Engineering: an Evaluation in the Flemish Research Information Space (Christophe Debruyne and Pieter De Leenheer)
  • A Metrics-Driven Approach for Quality Assessment of Linked Open Data (Behshid Behkamal, Mohsen Kahani, Ebrahim Bagheri and Zoran Jeremic)
  • Open Government Data Implementation Evaluation (Peter Parycek, Johann Höchtl and Michael Ginner)
  • Data-Driven Innovation through Open Government Data (Thorhildur Jetzek, Michel Avital and Niels Bjorn-Andersen)

Technological Innovations and Future Shifts in International Politics

Curated on Posted on by Stefaan Verhulst

Paper by Askar Akaev and Vladimir Pantin in International Studies Quaterly: “How are large technological changes and important shifts in international politics interconnected? It is shown in the article that primary technological innovations, which take place in each Kondratieff cycle, change the balance of power between the leading states and cause shifts in international politics. In the beginning of the twenty-first century, the genesis and initial development of the cluster of new technologies takes place in periods of crisis and depression. Therefore, the authors forecast that the period 2013–2020 will be marked by the advancement of important technological innovations and massive geopolitical shifts in many regions of the world.”

Who Influences Whom? Reflections on U.S. Government Outreach to Think Tanks

Curated on Posted on by Stefaan Verhulst

Jeremy Shapiro at Brookings: “The U.S. government makes a big effort to reach out to important think tanks, often through the little noticed or understood mechanism of small, private and confidential roundtables. Indeed, for the ambitious Washington think-tanker nothing quite gets the pulse racing like the idea of attending one of these roundtables with the most important government officials. The very occasion is full of intrigue and ritual.

When the Government Calls for Advice

First, an understated e-mail arrives from some polite underling inviting you in to a “confidential, off-the-record” briefing with some official with an impressive title—a deputy secretary or a special assistant to the president, maybe even (heaven forfend) the secretary of state or the national security advisor. The thinker’s heart leaps, “they read my article; they finally see the light of my wisdom, I will probably be the next national security advisor.”
He clears his schedule of any conflicting brown bags on separatism in South Ossetia and, after a suitable interval to keep the government guessing as to his availability, replies that he might be able to squeeze it in to his schedule. Citizenship data and social security numbers are provided for security purposes, times are confirmed and ground rules are established in a multitude of emails with a seemingly never-ending array of staffers, all of whose titles include the word “special.” The thinker says nothing directly to his colleagues, but searches desperately for opportunities to obliquely allude to the meeting: “I’d love to come to your roundtable on uncovered interest rate parity, but I unfortunately have a meeting with the secretary of defense.”
On the appointed day, the thinker arrives early as instructed at an impressively massive and well-guarded government building, clears his ways through multiple layers of redundant security, and is ushered into a wood-paneled room that reeks of power and pine-sol. (Sometimes it is a futuristic conference room filled with television monitors and clocks that give the time wherever the President happens to be.) Nameless peons in sensible suits clutch government-issue notepads around the outer rim of the room as the thinker takes his seat at the center table, only somewhat disappointed to see so many other familiar thinkers in the room—including some to whom he had been obliquely hinting about the meeting the day before.
At the appointed hour, an officious staffer arrives to announce that “He” (the lead government official goes only by personal pronoun—names are unnecessary at this level) is unfortunately delayed at another meeting on the urgent international crisis of the day, but will arrive just as soon as he can get break away from the president in the Situation Room. He is, in fact, just reading email, but his long career has taught him the advantage of making people wait.
After 15 minutes of stilted chit-chat with colleagues that the thinker has the misfortune to see at virtually every event he attends in Washington, the senior government official strides calmly into the room, plops down at the head of the table and declares solemnly what a honor it is to have such distinguished experts to help with this critical area of policy. He very briefly details how very hard the U.S. government is working on this highest priority issue and declares that “we are in listening mode and are anxious to hear your sage advice.” A brave thinker raises his hand and speaks truth to power by reciting the thesis of his latest article. From there, the group is off to races as the thinkers each struggle to get in the conversation and rehearse their well-worn positions.
Forty-three minutes later, the thinkers’ “hour” is up because, the officious staffer interjects, “He” must attend a Principals Committee meeting. The senior government official thanks the experts for coming, compliments them on their fruitful ideas and their full and frank debate, instructs a nameless peon at random to assemble “what was learned here” for distribution in “the building” and strides purposefully out of the room.
The pantomime then ends and the thinker retreats back to his office to continue his thoughts. But what precisely has happened behind the rituals? Have we witnessed the vaunted academic-government exchange that Washington is so famous for? Is this how fresh ideas re-invigorate stale government groupthink?..”

Blueprint on "The Open Data Era in Health and Social Care"

Curated on Posted on by Stefaan Verhulst

The GovLab Press Release:  NHS England and The Governance Lab at NYU (The GovLab) have today launched a blueprint – The Open Data Era in Health and Social Care – for accelerating the use of open data in health and care settings.
The availability of open data can empower citizens and help care providers, patients and researchers make better decisions, spur new innovations and identify efficiencies. The report was commissioned by NHS England and written by The GovLab, part of New York University and world leaders in the field of open data usage. It puts forward a proposal for how the health and care system can maximise the impact of sharing open data through establishing priorities and clear ways of measuring benefits.
Tim Kelsey, National Director for Patients and Information for NHS England, said:
“There’s an urgent need for the NHS to use better information and evidence to guide decision-making and investment. We know with scientific and medical research, the rate of discovery is accelerated by better access to data. This report will kick off a conversation about how we can use open data in the NHS to build a meaningful evidence base to support better investment in health and care services. Over the coming months, I’m keen to hear the views of colleagues on how we can take this forward and build an evidence base to improve outcomes for patients.”
Stefaan Verhulst, Co-founder and Chief Research and Development Officer of the GovLab:
“The blueprint lays out a detailed plan to start a conversation about how to gather the evidence needed to understand and assess the shape and size of the impact of open health data. It is important to pay a comparable level of attention to an analysis of open data’s potential benefits, as well as potential risks.”
Download the full report: thegovlab.org/nhs

US Secret Service seeks Twitter sarcasm detector

Curated on Posted on by Stefaan Verhulst

BBC: “The agency has put out a work tender looking for a software system to analyse social media data.
The software should have, among other things, the “ability to detect sarcasm and false positives”.
A spokesman for the service said it currently used the Federal Emergency Management Agency’s Twitter analytics and needed its own, adding: “We aren’t looking solely to detect sarcasm.”
The Washington Post quoted Ed Donovan as saying: “Our objective is to automate our social media monitoring process. Twitter is what we analyse.
“This is real-time stream analysis. The ability to detect sarcasm and false positives is just one of 16 or 18 things we are looking at.”…
The tender was put out earlier this week on the US government’s Federal Business Opportunities website.
It sets out the objectives of automating social media monitoring and “synthesising large sets of social media data”.
Specific requirements include “audience and geographic segmentation” and analysing “sentiment and trend”.
The software also has to have “compatibility with Internet Explorer 8”. The browser was released more than five years ago.
The agency does not detail the purpose of the analysis but does set out its mission, which includes “preserving the integrity of the economy and protecting national leaders and visiting heads of state and government”.

OSTP’s Own Open Government Plan

Curated on Posted on by Stefaan Verhulst

Nick Sinai and Corinna Zarek: “The White House Office of Science and Technology Policy (OSTP) today released its 2014 Open Government Plan. The OSTP plan highlights three flagship efforts as well as the team’s ongoing work to embed the open government principles of transparency, participation, and collaboration into its activities.
OSTP advises the President on the effects of science and technology on domestic and international affairs. The work of the office includes policy efforts encompassing science, environment, energy, national security, technology, and innovation. This plan builds off of the 2010 and 2012 Open Government Plans, updating progress on past initiatives and adding new subject areas based on 2014 guidance.
Agencies began releasing biennial Open Government Plans in 2010, with direction from the 2009 Open Government Directive. These plans serve as a roadmap for agency openness efforts, explaining existing practices and announcing new endeavors to be completed over the coming two years. Agencies build these plans in consultation with civil society stakeholders and the general public. Open government is a vital component of the President’s Management Agenda and our overall effort to ensure the government is expanding economic growth and opportunity for all Americans.
OSTP’s 2014 flagship efforts include:

  • Access to Scientific Collections: OSTP is leading agencies in developing policies that will improve the management of and access to scientific collections that agencies own or support. Scientific collections are assemblies of physical objects that are valuable for research and education—including drilling cores from the ocean floor and glaciers, seeds, space rocks, cells, mineral samples, fossils, and more. Agency policies will help make scientific collections and information about scientific collections more transparent and accessible in the coming years.
  • We the Geeks: We the Geeks Google+ Hangouts feature informal conversations with experts to highlight the future of science, technology, and innovation in the United States. Participants can join the conversation on Twitter by using the hashtag #WeTheGeeks and asking questions of the presenters throughout the hangout.
  • “All Hands on Deck” on STEM Education: OSTP is helping lead President Obama’s commitment to an “all-hands-on-deck approach” to providing students with skills they need to excel in science, technology, engineering, and math (STEM). In support of this goal, OSTP is bringing together government, industry, non-profits, philanthropy, and others to expand STEM education engagement and awareness through events like the annual White House Science Fair and the upcoming White House Maker Faire.

OSTP looks forward to implementing the 2014 Open Government Plan over the coming two years to continue building on its strong tradition of transparency, participation, and collaboration—with and for the American people.”

Cataloging the World

Curated on Posted on by Stefaan Verhulst

New book on “Paul Otlet and the Birth of the Information Age”: “The dream of capturing and organizing knowledge is as old as history. From the archives of ancient Sumeria and the Library of Alexandria to the Library of Congress and Wikipedia, humanity has wrestled with the problem of harnessing its intellectual output. The timeless quest for wisdom has been as much about information storage and retrieval as creative genius.
In Cataloging the World, Alex Wright introduces us to a figure who stands out in the long line of thinkers and idealists who devoted themselves to the task. Beginning in the late nineteenth century, Paul Otlet, a librarian by training, worked at expanding the potential of the catalog card, the world’s first information chip. From there followed universal libraries and museums, connecting his native Belgium to the world by means of a vast intellectual enterprise that attempted to organize and code everything ever published. Forty years before the first personal computer and fifty years before the first browser, Otlet envisioned a network of “electric telescopes” that would allow people everywhere to search through books, newspapers, photographs, and recordings, all linked together in what he termed, in 1934, a réseau mondial–essentially, a worldwide web.
Otlet’s life achievement was the construction of the Mundaneum–a mechanical collective brain that would house and disseminate everything ever committed to paper. Filled with analog machines such as telegraphs and sorters, the Mundaneum–what some have called a “Steampunk version of hypertext”–was the embodiment of Otlet’s ambitions. It was also short-lived. By the time the Nazis, who were pilfering libraries across Europe to collect information they thought useful, carted away Otlet’s collection in 1940, the dream had ended. Broken, Otlet died in 1944.
Wright’s engaging intellectual history gives Otlet his due, restoring him to his proper place in the long continuum of visionaries and pioneers who have struggled to classify knowledge, from H.G. Wells and Melvil Dewey to Vannevar Bush, Ted Nelson, Tim Berners-Lee, and Steve Jobs. Wright shows that in the years since Otlet’s death the world has witnessed the emergence of a global network that has proved him right about the possibilities–and the perils–of networked information, and his legacy persists in our digital world today, captured for all time…”

Open Data Is Open for Business

Curated on Posted on by Stefaan Verhulst

Jeffrey Stinson at Stateline: ” Last month, web designer Sean Wittmeyer and colleague Wojciech Magda walked away with a $25,000 prize from the state of Colorado for designing an online tool to help businesses decide where to locate in the state.
The tool, called “Beagle Score,” is a widget that can be embedded in online commercial real estate listings. It can rate a location by taxes and incentives, zoning, even the location of possible competitors – all derived from about 30 data sets posted publicly by the state of Colorado and its municipalities.
The creation of Beagle Score is an example of how states, cities, counties and the federal government are encouraging entrepreneurs to take raw government data posted on “open data” websites and turn the information into products the public will buy.
“The (Colorado contest) opened up a reason to use the data,” said Wittmeyer, 25, of Fort Collins. “It shows how ‘open data’ can solve a lot of challenges. … And absolutely, we can make it commercially viable. We can expand it to other states, and fairly quickly.”
Open-data advocates, such as President Barack Obama’s former information chief Vivek Kundra, estimate a multibillion-dollar industry can be spawned by taking raw government data files on sectors such as weather, population, energy, housing, commerce or transportation and turn them into products for the public to consume or other industries to pay for.
They can be as simple as mobile phone apps identifying every stop sign you will encounter on a trip to a different town, or as intricate as taking weather and crops data and turning it into insurance policies farmers can buy.

States, Cities Sponsor ‘Hackathons’

At least 39 states and 46 cities and counties have created open-data sites since the federal government, Utah, California and the cities of San Francisco and Washington, D.C., began opening data in 2009, according to the federal site, Data.gov.
Jeanne Holm, the federal government’s Data.gov “evangelist,” said new sites are popping up and new data are being posted almost daily. The city of Los Angeles, for example, opened a portal last week.
In March, Democratic New York Gov. Andrew Cuomo said that in the year since it was launched, his state’s site has grown to some 400 data sets with 50 million records from 45 agencies. Available are everything from horse injuries and deaths at state race tracks to maps of regulated child care centers. The most popular data: top fishing spots in the state.
State and local governments are sponsoring “hackathons,” “data paloozas,” and challenges like Colorado’s, inviting businesspeople, software developers, entrepreneurs or anyone with a laptop and a penchant for manipulating data to take part. Lexington, Kentucky, had a civic hackathon last weekend. The U.S. Transportation Department and members of the Geospatial Transportation Mapping Association had a three-day data palooza that ended Wednesday in Arlington, Virginia.
The goals of the events vary. Some, like Arlington’s transportation event, solicit ideas for how government can present its data more effectively. Others seek ideas for mining it.
Aldona Valicenti, Lexington’s chief information officer, said many cities want advice on how to use the data to make government more responsive to citizens, and to communicate with them on issues ranging from garbage pickups and snow removal to upcoming civic events.
Colorado and Wyoming had a joint hackathon last month sponsored by Google to help solve government problems. Colorado sought apps that might be useful to state emergency personnel in tracking people and moving supplies during floods, blizzards or other natural disasters. Wyoming sought help in making its tax-and-spend data more understandable and usable by its citizens.
Unless there’s some prize money, hackers may not make a buck from events like these, and participate out of fun, curiosity or a sense of public service. But those who create an app that is useful beyond the boundaries of a particular city or state, or one that is commercially valuable to business, can make serious money – just as Beagle Score plans to do. Colorado will hold onto the intellectual property rights to Beagle Score for a year. But Wittmeyer and his partner will be able to profit from extending it to other states.

States Trail in Open Data

Open data is an outgrowth of the e-government movement of the 1990s, in which government computerized more of the data it collected and began making it available on floppy disks.
States often have trailed the federal government or many cities in adjusting to the computer age and in sharing information, said Emily Shaw, national policy manager for the Sunlight Foundation, which promotes transparency in government. The first big push to share came with public accountability, or “checkbook” sites, that show where government gets its revenue and how it spends it.
The goal was to make government more transparent and accountable by offering taxpayers information on how their money was spent.
The Texas Comptroller of Public Accounts site, established in 2007, offers detailed revenue, spending, tax and contracts data. Republican Comptroller Susan Combs’ office said having a one-stop electronic site also has saved taxpayers about $12.3 million in labor, printing, postage and other costs.
Not all states’ checkbook sites are as openly transparent and detailed as Texas, Shaw said. Nor are their open-data sites. “There’s so much variation between the states,” she said.
Many state legislatures are working to set policies for releasing data. Since the start of 2010, according to the National Conference of State Legislatures, nine states have enacted open-data laws, and more legislation is pending. But California, for instance, has been posting open data for five years without legislation setting policies.
Just as states have lagged in getting data out to the public, less of it has been turned into commercial use, said Joel Gurin, senior adviser at the Governance Lab at New York University and author of the book “Open Data Now.”
Gurin leads Open Data 500, which identifies firms that that have made products from open government data and turned them into regional or national enterprises. In April, it listed 500. It soon may expand. “We’re finding more and more companies every day,” he said. “…