Beyond Bias: Re-Imagining the Terms of ‘Ethical AI’ in Criminal Law


Paper by Chelsea Barabas: “Data-driven decision-making regimes, often branded as “artificial intelligence,” are rapidly proliferating across the US criminal justice system as a means of predicting and managing the risk of crime and addressing accusations of discriminatory practices. These data regimes have come under increased scrutiny, as critics point out the myriad ways that they can reproduce or even amplify pre-existing biases in the criminal justice system. This essay examines contemporary debates regarding the use of “artificial intelligence” as a vehicle for criminal justice reform, by closely examining two general approaches to, what has been widely branded as, “algorithmic fairness” in criminal law: 1) the development of formal fairness criteria and accuracy measures that illustrate the trade-offs of different algorithmic interventions and 2) the development of “best practices” and managerialist standards for maintaining a baseline of accuracy, transparency and validity in these systems.

The essay argues that attempts to render AI-branded tools more accurate by addressing narrow notions of “bias,” miss the deeper methodological and epistemological issues regarding the fairness of these tools. The key question is whether predictive tools reflect and reinforce punitive practices that drive disparate outcomes, and how data regimes interact with the penal ideology to naturalize these practices. The article concludes by calling for an abolitionist understanding of the role and function of the carceral state, in order to fundamentally reformulate the questions we ask, the way we characterize existing data, and how we identify and fill gaps in existing data regimes of the carceral state….(More)”

MegaPixels


About: “…MegaPixels is an art and research project first launched in 2017 for an installation at Tactical Technology Collective’s GlassRoom about face recognition datasets. In 2018 MegaPixels was extended to cover pedestrian analysis datasets for a commission by Elevate Arts festival in Austria. Since then MegaPixels has evolved into a large-scale interrogation of hundreds of publicly-available face and person analysis datasets, the first of which launched on this site in April 2019.

MegaPixels aims to provide a critical perspective on machine learning image datasets, one that might otherwise escape academia and industry funded artificial intelligence think tanks that are often supported by the several of the same technology companies who have created datasets presented on this site.

MegaPixels is an independent project, designed as a public resource for educators, students, journalists, and researchers. Each dataset presented on this site undergoes a thorough review of its images, intent, and funding sources. Though the goals are similar to publishing an academic paper, MegaPixels is a website-first research project, with an academic publication to follow.

One of the main focuses of the dataset investigations presented on this site is to uncover where funding originated. Because of our emphasis on other researcher’s funding sources, it is important that we are transparent about our own….(More)”.

Does Aid Effectiveness Differ per Political Ideologies?


Paper by Vincent Tawiah, Barnes Evans and Abdulrasheed Zakari: “Despite the extensive empirical literature on aid effectiveness, existing studies have not addressed directly how political ideology affects the use of foreign aid in the recipient country. This study, therefore, uses a unique dataset of 12 democratic countries in Africa to investigate the impact of political ideologies on aid effectiveness. Our results indicate that each political party uses aid differently in peruse of their political, ideological orientation. Further analyses suggest that rightist capitalist parties are likely to use aid to improve the private sector environment. Leftist socialist on the other hand, use aid effectively on pro-poor projects such as short-term poverty reduction, mass education and health services. Our additional analysis on the lines of colonialisation shows that the difference in the use of aid by political parties is much stronger in French colonies than Britain colonies. The study provides insight on how the recipient government are likely to use foreign aid….(More)”.

Virtual Briefing at the Supreme Court


Paper by Alli Orr Larsen and Jeffrey L. Fisher: “The open secret of Supreme Court advocacy in a digital era is that there is a new way to argue to the Justices. Today’s Supreme Court arguments are developed online: They are dissected and explored in blog posts, fleshed out in popular podcasts, and analyzed and re-analyzed by experts who do not represent parties or have even filed a brief in the case at all. This “virtual briefing” (as we call it) is intended to influence the Justices and their law clerks but exists completely outside of traditional briefing rules. This article describes virtual briefing and makes a case that the key players inside the Court are listening. In particular, we show that the Twitter patterns of law clerks indicate they are paying close attention to producers of virtual briefing, and threads of these arguments (proposed and developed online) are starting to appear in the Court’s decisions.

We argue that this “crowdsourcing” dynamic to Supreme Court decision-making is at least worth a serious pause. There is surely merit to enlarging the dialogue around the issues the Supreme Court decides – maybe the best ideas will come from new voices in the crowd. But the confines of the adversarial process have been around for centuries, and there are significant risks that come with operating outside of it particularly given the unique nature and speed of online discussions. We analyze those risks in this article and suggest it is time to think hard about embracing virtual briefing — truly assessing what can be gained and what will be lost along the way….(More)”.

Principles and Policies for “Data Free Flow With Trust”


Paper by Nigel Cory, Robert D. Atkinson, and Daniel Castro: “Just as there was a set of institutions, agreements, and principles that emerged out of Bretton Woods in the aftermath of World War II to manage global economic issues, the countries that value the role of an open, competitive, and rules-based global digital economy need to come together to enact new global rules and norms to manage a key driver of today’s global economy: data. Japanese Prime Minister Abe’s new initiative for “data free flow with trust,” combined with Japan’s hosting of the G20 and leading role in e-commerce negotiations at the World Trade Organization (WTO), provides a valuable opportunity for many of the world’s leading digital economies (Australia, the United States, and European Union, among others) to rectify the gradual drift toward a fragmented and less-productive global digital economy. Prime Minister Abe is right in proclaiming, “We have yet to catch up with the new reality, in which data drives everything, where the D.F.F.T., the Data Free Flow with Trust, should top the agenda in our new economy,” and right in his call “to rebuild trust toward the system for international trade. That should be a system that is fair, transparent, and effective in protecting IP and also in such areas as e-commerce.”

The central premise of this effort should be a recognition that data and data-driven innovation are a force for good. Across society, data innovation—the use of data to create value—is creating more productive and innovative economies, transparent and responsive governments, better social outcomes (improved health care, safer and smarter cities, etc.).3But to maximize the innovative and productivity benefits of data, countries that support an open, rules-based global trading system need to agree on core principles and enact common rules. The benefits of a rules-based and competitive global digital economy are at risk as a diverse range of countries in various stages of political and economic development have policy regimes that undermine core processes, especially the flow of data and its associated legal responsibilities; the use of encryption to protect data and digital activities and technologies; and the blocking of data constituting illegal, pirated content….(More)”.

Citizen, Science, and Citizen Science


Introduction by Shun-Ling and Chen Fa-ti Fan to special issue on citizen science: “The term citizen science has become very popular among scholars as well as the general public, and, given its growing presence in East Asia, it is perhaps not a moment too soon to have a special issue of EASTS on the topic. However, the quick expansion of citizen science, as a notion and a practice, has also spawned a mass of blurred meanings. The term is ill-defined and has been used in diverse ways. To avoid confusion, it is necessary to categorize the various and often ambiguous usages of the term and clarify their meanings.

As in any taxonomy, there are as many typologies as the particular perspectives, parameters, and criteria adopted for classification. There have been helpful attempts at classifying different modes of citizen science (Cooper and Lewenstein 2016Wiggins and Crowston 2012Haklay 2012). However, they focused primarily on the different approaches or methods in citizen science. Ottinger’s two categories of citizen science—“scientific authority driven” and “social movement based”—foreground the criteria of action and justification, but they unnecessarily juxtapose science and society; in any case, they may be too general and leaving out too much at the same time.1

In contrast, our classification will emphasize the different conceptions of citizen and citizenship in how we think about citizen science. We believe that this move can help us contextualize the ideas and practices of citizen science in the diverse socio-political conditions found in East Asia and beyond (Leach, Scoones, and Wynne 2005). To explain that point, we’ll begin with a few observations. First, the current discourse on citizen science tends to glide over such concepts as state, citizen, and the public and to assume that the reader will understand what they mean. This confidence originates in part from the fact that the default political framework of the discourse is usually Western (particularly Anglo-American). As a result, one often easily accepts a commonsense notion of participatory liberal democracy as the reference framework. However, one cannot assume that that is the de facto political framework for discussion of citizen science….(More)”.

A Symphony, Not a Solo: How Collective Management Organisations Can Embrace Innovation and Drive Data Sharing in the Music Industry


Paper by David Osimo, Laia Pujol Priego, Turo Pekari and Ano Sirppiniemi: “…data is becoming a fundamental source of competitive advantage in music, just as in other sectors, and streaming services in particular are generating large volume of new data offering unique insight around customer taste and behavior. (As Financial Times recently put it, the music
industry is having its “moneyball” moment) But how are the different players getting ready for this change?

This policy brief aims to look at the question from the perspective of CMOs, the organisations charged with redistributing royalties from music users to music rightsholders (such as musical authors and publishers).

The paper is divided in three sections. Part I will look at the current positioning of CMOs in this new data-intensive ecosystem. Part II will discuss how greater data sharing and reuse can maximize innovation, comparing the music industries with other industries. Part III will make policy and business-model reform recommendations for CMOs to stimulate data-driven innovation, internally and in the industry as a whole….(More)”

Airbnb and New York City Reach a Truce on Home-Sharing Data


Paris Martineau at Wired: “For much of the past decade, Airbnb and New York City have been embroiled in a high-profile feud. Airbnb wants legitimacy in its biggest market. City officials want to limit home-sharing platforms, which they argue exacerbate the city’s housing crisis and pose safety risks by allowing people to transform homes into illegal hotels.

Despite years of lawsuits, countersuits, lobbying campaigns, and failed attempts at legislation, progress on resolving the dispute has been incremental at best. The same could be said for many cities around the nation, as local government officials struggle to come to grips with the increasing popularity of short-term rental platforms like Airbnb, HomeAway, and VRBO in high-tourism areas.

In New York last week, there were two notable breaks in the logjam. On May 14, Airbnb agreed to give city officials partially anonymized host and reservation data for more than 17,000 listings. Two days later, a judge ordered Airbnb to turn over more detailed and nonanonymized information on dozens of hosts and hundreds of guests who have listed or stayed in more than a dozen buildings in Manhattan, Brooklyn, and Queens in the past seven years.

In both cases, the information will be used by investigators with the Mayor’s Office of Special Enforcement to identify hosts and property owners who may have broken the city’s notoriously strict short-term rental laws by converting residences into de facto hotels by listing them on Airbnb.

City officials originally subpoenaed Airbnb for the data—not anonymized—on the more than 17,000 listings in February. Mayor Bill de Blasio called the move an effort to force the company to “come clean about what they’re actually doing in this city.” The agreement outlining the data sharing was signed as a compromise on May 14, according to court records.

In addition to the 17,000 listings identified by the city, Airbnb will also share data on every listing rented through its platform between January 1, 2018, and February 18, 2019, that could have potentially violated New York’s short-term rental laws. The city prohibits rentals of an entire apartment or home for less than 30 days without the owner present in the unit, making many stays traditionally associated with services like Airbnb, HomeAway, and VRBO illegal. Only up to two guests are permitted in the short-term rental of an apartment or room, and they must be given “free and unobstructed access to every room and to each exit within the apartment,” meaning hosts can’t get around the ban on whole-apartment rentals by renting out three separate private rooms at once….(More)”.

Companies That Rely On Census Data Worry Citizenship Question Will Hurt


Hansi Lo Wang at NPR: “Some critics of the citizenship question the Trump administration wants to add to the 2020 census are coming from a group that tends to stay away from politically heated issues — business leaders.

From longtime corporations like Levi Strauss & Co. to upstarts like Warby Parker, some companies say that including the question — “Is this person a citizen of the United States?” — could harm not only next year’s national head count, but also their bottom line.

How governments use census data is a common refrain in the lead-up to a constitutionally mandated head count of every person living in the U.S. The new population counts, gathered once a decade, are used to determine how congressional seats and Electoral College votes are distributed among the states. They also guide how hundreds of billions in federal tax dollars are spread around the country to fund public services.

What is often less visible is how the census data undergird decisions made by large and small businesses across the country. The demographic information the census collects — including the age, sex, race, ethnicity and housing status of all U.S. residents — informs business owners about who their existing and future customers are, which new products and services those markets may want and where to build new locations.

Weeks before the Supreme Court heard oral arguments over the citizenship question last month, more than two dozen companies and business groups filed a friend-of-the-court brief against the question. Its potential impact on the accuracy of census data, especially about immigrants and people of color, is drawing concern from both Lyft and Uber, as well as Levi Strauss, Warby Parker and Univision.

“We don’t view this as a political situation at all,” says Christine Pierce, the senior vice president of data science at Nielsen — a major data analytics company in the business world that filed its own brief with the high court. “We see this as one that is around sound research and good science.”…(More)”.

Democracy in Retreat: Freedom in the World 2019


Freedom House: “In 2018, Freedom in the World recorded the 13th consecutive year of decline in global freedom. The reversal has spanned a variety of countries in every region, from long-standing democracies like the United States to consolidated authoritarian regimes like China and Russia. The overall losses are still shallow compared with the gains of the late 20th century, but the pattern is consistent and ominous. Democracy is in retreat.

In states that were already authoritarian, earning Not Free designations from Freedom House, governments have increasingly shed the thin façade of democratic practice that they established in previous decades, when international incentives and pressure for reform were stronger. More authoritarian powers are now banning opposition groups or jailing their leaders, dispensing with term limits, and tightening the screws on any independent media that remain. Meanwhile, many countries that democratized after the end of the Cold War have regressed in the face of rampant corruption, antiliberal populist movements, and breakdowns in the rule of law. Most troublingly, even long-standing democracies have been shaken by populist political forces that reject basic principles like the separation of powers and target minorities for discriminatory treatment.

Some light shined through these gathering clouds in 2018. Surprising improvements in individual countries—including Malaysia, Armenia, Ethiopia, Angola, and Ecuador—show that democracy has enduring appeal as a means of holding leaders accountable and creating the conditions for a better life. Even in the countries of Europe and North America where democratic institutions are under pressure, dynamic civic movements for justice and inclusion continue to build on the achievements of their predecessors, expanding the scope of what citizens can and should expect from democracy. The promise of democracy remains real and powerful. Not only defending it but broadening its reach is one of the great causes of our time….(More)”.