New Zealand explores machine-readable laws to transform government


Apolitical: “The team working to drive New Zealand’s government into the digital age believes that part of the problem is the ways that laws themselves are written. Earlier this year, over a three-week experiment, they’ve tested the theory by rewriting legislation itself as software code.

The team in New Zealand, led by the government’s service innovations team LabPlus, has attempted to improve the interpretation of legislation and vastly ease the creation of digital services by rewriting legislation as code.

Legislation-as-code means taking the “rules” or components of legislation — its logic, requirements and exemptions — and laying them out programmatically so that it can be parsed by a machine. If law can be broken down by a machine, then anyone, even those who aren’t legally trained, can work with it. It helps to standardise the rules in a consistent language across an entire system, giving a view of services, compliance and all the different rules of government.

Over the course of three weeks the team in New Zealand rewrote two sets of legislation as software code: the Rates Rebate Act, a tax rebate designed to lower the costs of owning a home for people on low incomes, and the Holidays Act, which was enacted to grant each employee in New Zealand a guaranteed four weeks a year of holiday.

The way that both policies are written makes them difficult to interpret, and, consequently, deliver. They were written for a paper-based world, and require different service responses from distinct bodies within government based on what the legal status of the citizen using them is. For instance, the residents of retirement villages are eligible to rebates through the Rates Rebate Act, but access it via different people and provide different information than normal ratepayers.

The teams worked to rewrite the legislation, first as “pseudocode” — the rules behind the legislation in a logical chain — then as human-readable legislation and finally as software code, designed to make it far easier for public servants and the public to work out who was eligible for what outcome. In the end, the team had working code for how to digitally deliver two policies.

A step towards digital government

The implications of such techniques are significant. Firstly, machine-readable legislation could speed up interactions between government and business, sparing private organisations the costs in time and money they currently spend interpreting the laws they need to comply with.

If legislation changes, the machine can process it automatically and consistently, saving the cost of employing an expert, or a lawyer, to do this job.

More transformatively for policymaking itself, machine-readable legislation allows public servants to test the impact of policy before they implement it.

“What happens currently is that people design the policy up front and wait to see how it works when you eventually deploy it,” said Richard Pope, one of the original pioneers in the UK’s Government Digital Service (GDS) and the co-author of the UK’s digital service standard. “A better approach is to design the legislation in such a way that gives the teams that are making and delivering a service enough wiggle room to be able to test things.”…(More)”.

The promise and peril of military applications of artificial intelligence


Michael C. Horowitz at the Bulletin of the Atomic Scientists: “Artificial intelligence (AI) is having a moment in the national security space. While the public may still equate the notion of artificial intelligence in the military context with the humanoid robots of the Terminatorfranchise, there has been a significant growth in discussions about the national security consequences of artificial intelligence. These discussions span academia, business, and governments, from Oxford philosopher Nick Bostrom’s concern about the existential risk to humanity posed by artificial intelligence to Tesla founder Elon Musk’s concern that artificial intelligence could trigger World War III to Vladimir Putin’s statement that leadership in AI will be essential to global power in the 21st century.

What does this really mean, especially when you move beyond the rhetoric of revolutionary change and think about the real world consequences of potential applications of artificial intelligence to militaries? Artificial intelligence is not a weapon. Instead, artificial intelligence, from a military perspective, is an enabler, much like electricity and the combustion engine. Thus, the effect of artificial intelligence on military power and international conflict will depend on particular applications of AI for militaries and policymakers. What follows are key issues for thinking about the military consequences of artificial intelligence, including principles for evaluating what artificial intelligence “is” and how it compares to technological changes in the past, what militaries might use artificial intelligence for, potential limitations to the use of artificial intelligence, and then the impact of AI military applications for international politics.

The potential promise of AI—including its ability to improve the speed and accuracy of everything from logistics to battlefield planning and to help improve human decision-making—is driving militaries around the world to accelerate their research into and development of AI applications. For the US military, AI offers a new avenue to sustain its military superiority while potentially reducing costs and risk to US soldiers. For others, especially Russia and China, AI offers something potentially even more valuable—the ability to disrupt US military superiority. National competition in AI leadership is as much or more an issue of economic competition and leadership than anything else, but the potential military impact is also clear. There is significant uncertainty about the pace and trajectory of artificial intelligence research, which means it is always possible that the promise of AI will turn into more hype than reality. Moreover, safety and reliability concerns could limit the ways that militaries choose to employ AI…(More)”,

Navigation by Judgment: Why and When Top Down Management of Foreign Aid Doesn’t Work


Book by Dan Honig: “Foreign aid organizations collectively spend hundreds of billions of dollars annually, with mixed results. Part of the problem in these endeavors lies in their execution. When should foreign aid organizations empower actors on the front lines of delivery to guide aid interventions, and when should distant headquarters lead?

In Navigation by Judgment, Dan Honig argues that high-quality implementation of foreign aid programs often requires contextual information that cannot be seen by those in distant headquarters. Tight controls and a focus on reaching pre-set measurable targets often prevent front-line workers from using skill, local knowledge, and creativity to solve problems in ways that maximize the impact of foreign aid. Drawing on a novel database of over 14,000 discrete development projects across nine aid agencies and eight paired case studies of development projects, Honig concludes that aid agencies will often benefit from giving field agents the authority to use their own judgments to guide aid delivery. This “navigation by judgment” is particularly valuable when environments are unpredictable and when accomplishing an aid program’s goals is hard to accurately measure.

Highlighting a crucial obstacle for effective global aid, Navigation by Judgment shows that the management of aid projects matters for aid effectiveness….(More)”.

Citizenship and democratic production


Article by Mara Balestrini and Valeria Right in Open Democracy: “In the last decades we have seen how the concept of innovation has changed, as not only the ecosystem of innovation-producing agents, but also the ways in which innovation is produced have expanded. The concept of producer-innovation, for example, where companies innovate on the basis of self-generated ideas, has been superseded by the concept of user-innovation, where innovation originates from the observation of the consumers’ needs, and then by the concept of consumer-innovation, where consumers enhanced by the new technologies are themselves able to create their own products. Innovation-related business models have changed too. We now talk about not only patent-protected innovation, but also open innovation and even free innovation, where open knowledge sharing plays a key role.

A similar evolution has taken place in the field of the smart city. While the first smart city models prioritized technology left in the hands of experts as a key factor for solving urban problems, more recent initiatives such as Sharing City (Seoul), Co-city (Bologna), or Fab City (Barcelona) focus on citizen participation, open data economics and collaborative-distributed processes as catalysts for innovative solutions to urban challenges. These initiatives could prompt a new wave in the design of more inclusive and sustainable cities by challenging existing power structures, amplifying the range of solutions to urban problems and, possibly, creating value on a larger scale.

In a context of economic austerity and massive urbanization, public administrations are acknowledging the need to seek innovative alternatives to increasing urban demands. Meanwhile, citizens, harnessing the potential of technologies – many of them accessible through open licenses – are putting their creative capacity into practice and contributing to a wave of innovation that could reinvent even the most established sectors.

Contributive production

The virtuous combination of citizen participation and abilities, digital technologies, and open and collaborative strategies is catalyzing innovation in all areas. Citizen innovation encompasses everything, from work and housing to food and health. The scope of work, for example, is potentially affected by the new processes of manufacturing and production on an individual scale: citizens can now produce small and large objects (new capacity), thanks to easy access to new technologies such as 3D printers (new element); they can also take advantage of new intellectual property licenses by adapting innovations from others and freely sharing their own (new rule) in response to a wide range of needs.

Along these lines, between 2015 and 2016, the city of Bristol launched a citizen innovation program aimed at solving problems related to the state of rented homes, which produced solutions through citizen participation and the use of sensors and open data. Citizens designed and produced themselves temperature and humidity sensors – using open hardware (Raspberry Pi), 3D printers and laser cutters – to combat problems related to home damp. These sensors, placed in the homes, allowed to map the scale of the problem, to differentiate between condensation and humidity, and thus to understand if the problem was due to structural failures of the buildings or to bad habits of the tenants. Through the inclusion of affected citizens, the community felt empowered to contribute ideas towards solutions to its problems, together with the landlords and the City Council.

A similar process is currently being undertaken in Amsterdam, Barcelona and Pristina under the umbrella of the Making Sense Project. In this case, citizens affected by environmental issues are producing their own sensors and urban devices to collect open data about the city and organizing collective action and awareness interventions….

Digital social innovation is disrupting the field of health too. There are different manifestations of these processes. First, platforms such as DataDonors or PatientsLikeMe show that there is an increasing citizen participation in biomedical research through the donation of their own health data…. projects such as OpenCare in Milan and mobile applications like Good Sam show how citizens can organize themselves to provide medical services that otherwise would be very costly or at a scale and granularity that the public sector could hardly afford….

The production processes of these products and services force us to think about their political implications and the role of public institutions, as they question the cities’ existing participation and contribution rules. In times of sociopolitical turbulence and austerity plans such as these, there is a need to design and test new approaches to civic participation, production and management which can strengthen democracy, add value and take into account the aspirations, emotional intelligence and agency of both individuals and communities.

In order for the new wave of citizen production to generate social capital, inclusive innovation and well-being, it is necessary to ensure that all citizens, particularly those from less-represented communities, are empowered to contribute and participate in the design of cities-for-all. It is therefore essential to develop programs to increase citizen access to the new technologies and the acquisition of the knowhow and skills needed to use and transform them….(More)

This piece is an excerpt from an original article published as part of the eBook El ecosistema de la Democracia Abierta.

Israeli, French Politicians Endorse Blockchain for Governance Transparency


Komfie Manolo at Cryptovest: “Blockchain is moving into the world’s political systems, with several influential political figures in Israel and France recently emerging as new believers in the technology. They are betting on blockchain for more transparent governance and have joined the decentralized platform developed by Coalichain.

Among the seven Israeli politicians to endorse the platform are former deputy minister and interior minister Eli Yishay, deputy defense minister Eli Ben-Dan, and HaBait HaYehudi leader Shulamit Mualem-Refaeli. The move for a more accountable democracy has also been supported by Frederic Lefebvre, the founder of French political party Agir.

Levi Samama, co-founder and CEO of Coalichain, said that support for the platform was “a positive indication that politicians are actively seeking ways to be transparent and direct in the way they communicate with the public. In order to impact existing governance mechanisms we need the support and engagement of politicians and citizens alike.”

Acceptance of blockchain is gaining traction in the world of politics.

During last month’s presidential election in Russia, blockchain was used by state-run public opinion research center VTSIOM to track exit polls.

In the US, budding political group Indie Party wants to redefine the country’s political environment by providing an alternative to the established two-party system with a political marketplace that uses blockchain and cryptocurrency….(More)”

Privacy by Design: Building a Privacy Policy People Actually Want to Read


Richard Mabey at the Artificial Lawyer: “…when it came to updating our privacy policy ahead of GDPR it was important to us from the get-go that our privacy policy was not simply a compliance exercise. Legal documents should not be written by lawyers for lawyers; they should be useful, engaging and designed for the end user. But it seemed that we weren’t the only ones to think this. When we read the regulations, it turned out the EU agreed.

Article 12 mandates that privacy notices be “concise, transparent, intelligible and easily accessible”. Legal design is not just a nice to have in the context of privacy; it’s actually a regulatory imperative. With this mandate, the team at Juro set out with a simple aim: design a privacy policy that people would actually want to read.

Here’s how we did it.

Step 1: framing the problem

When it comes to privacy notices, the requirements of GDPR are heavy and the consequences of non-compliance enormous (potentially 4% of annual turnover). We knew therefore that there would be an inherent tension between making the policy engaging and readable, and at the same time robust and legally watertight.

Lawyers know that when it comes to legal drafting, it’s much harder to be concise than wordy. Specifically, it’s much harder to be concise and preserve legal meaning than it is to be wordy. But the fact remains. Privacy notices are suffered as downside risk protections or compliance items, rather than embraced as important customer communications at key touchpoints. So how to marry the two.

We decided that the obvious route of striking out words and translating legalese was not enough. We wanted cakeism: how can we have an exceptionally robust privacy policy, preserve legal nuance and actually make it readable?

Step 2: changing the design process

The usual flow of creating a privacy policy is pretty basic: (1) management asks legal to produce privacy policy, (2) legal sends Word version of privacy policy back to management (back and forth ensues), (3) management checks Word doc and sends it on to engineering for implementation, (4) privacy policy goes live…

Rather than the standard process, we decided to start with the end user and work backwards and started a design sprint (more about this here) on our privacy notice with multiple iterations, rapid prototyping and user testing.

Similarly, this was not going to be a process just for lawyers. We put together a multi-disciplinary team co-led by me and, legal information designer Stefania Passera, with input from our legal counsel Adam, Tom (our content editor), Alice (our marketing manager) and Anton (our front-end developer).

Step 3: choosing design patterns...(More).

Bringing The Public Back In: Can the Comment Process be Fixed?


Remarks of Commissioner Jessica Rosenworcel, US Federal Communications Commission: “…But what we are facing now does not reflect what has come before.  Because it is apparent the civic infrastructure we have for accepting public comment in the rulemaking process is not built for the digital age.  As the Administrative Conference of the United States acknowledges, while the basic framework for rulemaking from 1946 has stayed the same, “the technological landscape has evolved dramatically.”

Let’s call that an understatement.  Though this problem may seem small in the scheme of things, the impact is big.  Administrative decisions made in Washington affect so much of our day-to-day life.  They involve everything from internet openness to retirement planning to the availability of loans and the energy sources that power our homes and businesses.  So much of the decision making that affects our future takes place in the administrative state.

The American public deserves a fair shot at participating in these decisions.  Expert agencies are duty bound to hear from everyone, not just those who can afford to pay for expert lawyers and lobbyists.  The framework from the Administrative Procedure Act is designed to serve the public—by seeking their input—but increasingly they are getting shut out.  Our agency internet systems are ill-equipped to handle the mass automation and fraud that already is corrupting channels for public comment.  It’s only going to get worse.  The mechanization and weaponization of the comment-filing process has only just begun.

We need to something about it.  Because ensuring the public has a say in what happens in Washington matters.  Because trust in public institutions matters.  A few months ago Edelman released its annual Trust Barometer and reported than only a third of Americans trust the government—a 14 percentage point decline from last year.

Fixing that decline is worth the effort.  We can start with finding ways that give all Americans—no matter who they are or where they live—a fighting chance at making Washington listen to what they think.

We can’t give in to the easy cynicism that results when our public channels are flooded with comments from dead people, stolen identities, batches of bogus filings, and commentary that originated from Russian e-mail addresses.  We can’t let this deluge of fake filings further delegitimize Washington decisions and erode public trust.

No one said digital age democracy was going to be easy.  But we’ve got to brace ourselves and strengthen our civic infrastructure to withstand what is underway.  This is true at regulatory agencies—and across our political landscape.  Because if you look for them you will find uneasy parallels between the flood of fake comments in regulatory proceedings and the barrage of posts on social media that was part of a conspicuous campaign to influence our last election.  There is a concerted effort to exploit our openness.  It deserves a concerted response….(More)”

Open data privacy and security policy issues and its influence on embracing the Internet of Things


Radhika Garg in First Monday: “Information and communication technologies (ICT) are changing the way people interact with each other. Today, every physical device can have the capability to connect to the Internet (digital presence) to send and receive data. Internet connected cameras, home automation systems, connected cars are all examples of interconnected Internet of Things (IoT). IoT can bring benefits to users in terms of monitoring and intelligent capabilities, however, these devices collect, transmit, store, and have a potential to share vast amount of personal and individual data that encroach private spaces and can be vulnerable to security breaches. The ecosystem of IoT comprises not only of users, various sensors, and devices but also other stakeholders of IoT such as data collectors, processors, regulators, and policy-makers. Even though the number of commercially available IoT devices is on steep rise, the uptake of these devices has been slow, and abandonment rapid. This paper explains how stakeholders (including users) and technologies form an assemblage in which these stakeholders are cumulatively responsible for making IoT an essential element of day-to-day living and connectivity. To this end, this paper examines open issues in data privacy and security policies (from perspectives of the European Union and North America), and its effects on stakeholders in the ecosystem. This paper concludes by explaining how these open issues, if unresolved, can lead to another wave of digital division and discrimination in the use of IoT….(More)”.

If, When and How Blockchain Technologies Can Provide Civic Change


By Stefaan G. Verhulst and Andrew Young

The hype surrounding the potential of blockchain technologies– the distributed ledger technology (DLT) undergirding cryptocurrencies like Bitcoin – to transform the way industries and sectors operate and exchange records is reaching a fever pitch.

Gartner Hype Cycle

Source: Top Trends in the Gartner Hype Cycle for Emerging Technologies, 2017

Governments and civil society have now also joined the quest and are actively exploring the potential of DLTs to create transformative social change. Experiments are underway to leverage blockchain technologies to address major societal challenges – from homelessness in New York City to the Rohyingya crisis in Myanmar to government corruption around the world. At the same time, a growing backlash to the newest ‘shiny object’ in the technology for good space is gaining ground.   

At this year’s The Impacts of Civic Technology Conference (TICTeC), organized by mySociety in Lisbon, the GovLab’s Stefaan Verhulst and Andrew Young joined the Engine Room’s Nicole Anand, the Natural Resource Governance Institute’s Anders Pedersen, and ITS-Rio’s Marco Konopacki to consider whether or not Blockchain can truly deliver on its promise for creating civic change.

For the GovLab’s contribution to the panel, we shared early findings from our Blockchange: Blockchain for Social Change initiative. Blockchange, funded by the Rockefeller Foundation, seeks to develop a deeper understanding of the promise and practice of DLTs tin addressing public problems – with a particular focus on the lack, the role and the establishment of trusted identities – through a set of detailed case-studies. Such insights may help us develop operational guidelines on when blockchain technology may be appropriate and what design principles should guide the future use of DLTs for good.

Our presentation covered four key areas (Full presentation here):

  1. The evolving package of attributes present in Blockchain technologies: on-going experimentation, development and investment has lead to the realization that there is no one blockchain technology. Rather there are several variations of attributes that provide for different technological scenarios. Some of these attributes remain foundational -– such as immutability, (guaranteed) integrity, and distributed resilience – while others have evolved as optional including disintermediation, transparency, and accessibility. By focusing on the attributes we can transcend the noise that is emerging from having too many well funded start-ups that seek to pitch their package of attributes as the solution;Attributes of DLT
  2. The three varieties of Blockchain for social change use cases: Most of the pilots and use cases where DLTs are being used to improve society and people’s lives can be categorized along three varieties of applications:
    • Track and Trace applications. For instance: 
      1. Versiart creates verifiable, digital certificates for art and collectibles which helps buyers ensure each piece’s provenance.
      2. Grassroots Cooperative along with Heifer USA created a blockchain-powered app that allows every package of chicken marketed and sold by Grassroots to be traced on the Ethereum blockchain.
      3. Everledger works with stakeholders across the diamond supply chain to track diamonds from mine to store.
      4. Ripe is working with Sweetgreen to use blockchain and IoT sensors to track crop growth, yielding higher-quality produce and providing better information for farmers, food distributors, restaurants, and consumers.    
    • Smart Contracting applications. For instance:
      1. In Indonesia, Carbon Conservation and Dappbase have created smart contracts that will distribute rewards to villages that can prove the successful reduction of incidences of forest fires.
      2. Alice has built Ethereum-based smart contracts for a donation project that supports 15 homeless people in London. The smart contracts ensure donations are released only when pre-determined project goals are met.
      3. Bext360 utilizes smart contracts to pay coffee farmers fairly and immediately based on a price determined through weighing and analyzing beans by the Bext360 machine at the source.  
    • Identity applications. For instance:
      1. The State of Illinois is working with Evernym to digitize birth certificates, thus giving individuals a digital identity from birth.
      2. BanQu creates an economic passport for previously unbanked populations by using blockchain to record economic and financial transactions, purchase goods, and prove their existence in global supply chains.
      3. In 2015, AID:Tech piloted a project working with Syrian refugees in Lebanon to distribute over 500 donor aid cards that were tied to non-forgeable identities.
      4. uPort provides digital identities for residents of Zug, Switzerland to use for governmental services.

Three Blockchange applications

  1. The promise of trusted Identity: the potential to establish a trusted identity turns out to be foundational for using blockchain technologies for social change. At the same time identity emerges from a process (involving, for instance, provisioning, authentication, administration, authorization and auditing) and it is key to assess at what stage of the ID lifecycle DLTs provide an advantage vis-a-vis other ID technologies; and how the maturity of the blockchain technology toward addressing the ID challenge. 

ID Lifecycle and DLT

  1. Finally, we seek to translate current findings into
    • Operational conditions that can enable the public and civic sector at-large to determine when “to blockchain” including:
      • The need for a clear problem definition (as opposed to certain situations where DLT solutions are in search of a problem);
      • The presence of information asymmetries and high transaction costs incentivize change. (“The Market of Lemons” problem);
      • The availability of (high quality) digital records;
      • The lack of availability of credible and alternative disclosure technologies;
      • Deficiency (or efficiency) of (trusted) intermediaries in the space.
    • Design principles that can increase the likelihood of societal benefit when using Blockchain for identity projects (see picture) .

Design Principles

In the coming months, we will continue to share our findings from the Blockchange project in a number of forms – including a series of case studies, additional presentations and infographics, and an operational field guide for designing and implementing Blockchain projects to address challenges across the identity lifecycle.

The GovLab, in collaboration with the National Resource Governance Institute, is also delighted to announce a new initiative aimed at taking stock of the promise, practice and challenge of the use of Blockchain in the extractives sector. The project is focused in particular on DLTs as they relate to beneficial ownership, licensing and contracting transparency, and commodity trading transparency. This fall, we will share a collection of Blockchain for extractives case studies, as well as a report summarizing if, when, and how Blockchain can provide value across the extractives decision chain.

If you are interested in collaborating on our work to increase our understanding of Blockchain’s real potential for social change, or if you have any feedback on this presentation of early findings, please contact blockchange@thegovlab.org.

 

Tending the Digital Commons: A Small Ethics toward the Future


Alan Jacobs at the Hedgehog Review: “Facebook is unlikely to shut down tomorrow; nor is Twitter, or Instagram, or any other major social network. But they could. And it would be a good exercise to reflect on the fact that, should any or all of them disappear, no user would have any legal or practical recourse….In the years since I became fully aware of the vulnerability of what the Internet likes to call my “content,” I have made some changes in how I live online. But I have also become increasingly convinced that this vulnerability raises wide-ranging questions that ought to be of general concern. Those of us who live much of our lives online are not faced here simply with matters of intellectual property; we need to confront significant choices about the world we will hand down to those who come after us. The complexities of social media ought to prompt deep reflection on what we all owe to the future, and how we might discharge this debt.

A New Kind of Responsibility

Hans Jonas was a German-born scholar who taught for many years at the New School for Social Research in New York City. He is best known for his 1958 book The Gnostic Religion, a pathbreaking study of Gnosticism that is still very much worth reading. Jonas was a philosopher whose interest in Gnosticism arose from certain questions raised by his mentor Martin Heidegger. Relatively late in his career, though he had repudiated Heidegger many years earlier for his Nazi sympathies, Jonas took up Heidegger’s interest in technology in an intriguing and important book called The Imperative of Responsibility….

What is required of a new ethics adequate to the challenge posed by our own technological powers? Jonas argues that the first priority is an expansion and complication of the notion of responsibility. Unlike our predecessors, we need always to be conscious of the effects of our actions on people we have never met and will never meet, because they are so far removed from us in space and time. Democratically elected governments can to some degree adapt to spatially extended responsibility, because our communications technologies link people who cannot meet face-to-face. But the chasm of time is far more difficult to overcome, and indeed our governments (democratic or otherwise) are all structured in such a way that the whole of their attention goes to the demands of the present, with scarcely a thought to be spared for the future. For Jonas, one of the questions we must face is this “What force shall represent the future in the present?”

I want to reflect on Jonas’s challenge in relation to our digital technologies. And though this may seem remote from the emphasis on care for the natural world that Jonas came to be associated with, there is actually a common theme concerning our experiences within and responsibility for certain environmental conditions. What forces, not in natural ecology but in media ecology, can best represent the future in the present?…(More)”.