Making a 21st Century Constitution: Playing Fair in Modern Democracies


Making a 21st Century Constitution

Book by Frank Vibert: “Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured…

Democratic governments are increasingly under pressure from populists, and distrust of governmental authority is on the rise. Economic causes are often blamed. Making a 21st Century Constitution proposes instead that constitutions no longer provide the kind of support that democracies need in today’s conditions, and outlines ways in which reformers can rectify this.

Frank Vibert addresses key sources of constitutional obsolescence, identifies the main challenges for constitutional updating and sets out the ways in which constitutions may be made suitable for the the 21st century. The book highlights the need for reformers to address the deep diversity of values in today’s urbanized societies, the blind spots and content-lite nature of democratic politics, and the dispersion of authority among new chains of intermediaries.

This book will be invaluable for students of political science, public administration and policy, law and constitutional economics. Its analysis of how constitutions can be made fit for purpose again will appeal to all concerned with governance, practitioners and reformers alike…(More)”.

‘Mayor for a Day’ – Is Gamified Urban Management the Way Forward?


Paper by Gianluca Sgueo: “…aims at describing the use, exploring the potential – but also at understanding the limits – of the use of ‘gamification’ strategies into urban management. Commonly defined as the introduction of game-design elements into non-game contexts, with the former aimed at making the latter more fun, gamification is recognised among the technological paradigms that are shaping the evolution of public administrations.

The paper is divided in three sections.

SECTION I discusses the definition (and appropriateness of) gamification in urban management, and locates it conceptually at the crossroads between nudging, democratic innovations, and crowdsourcing.

SECTION II analyses the potentials of gamified urban management. Four benefits are assessed: first, gamified urban management seems to encourage adaptation of policy-making to structural/societal changes; second, it offers a chance to local administrators to (re-)gain trust from citizens, and thus be perceived as legitimate; third, it adapts policy-making to budgetary challenges; fourth, it helps to efficiently tackle complex regulatory issues.

SECTION III of this paper turns to consider the risks related with the use of gamification in urban management. The first consists of the obstacles faced by participatory rights within gamified policies; the second risk is defined ‘paradox of incentives’; the third is related with privacy issues. In the concluding section, this paper advances some proposals (or, alternatively, highlight valuable theoretical and empirical research efforts) aimed at solving some of the most pressing threats posed by gamified urban management.

The main features of the case studies described in SECTIONS II and III are summarised in a table at the end of the paper….(More)”.

On the Bumpy Road Towards Open Government: The Not-Invented-Here Syndrome as a Major Pothole


Paper by Lisa Schmidthuber, David Antons and Dennis Hilgers: “This paper investigates the role of public employees in absorbing external knowledge. Triggered by open government initiatives and open calls for participation, external actors are invited to integrate ideas, solutions, or experience into public organizations. Such exploitation of valuable external knowledge across organizational interfaces might, however, be hindered by negative attitudes of public employees towards external input. The rejection of outside knowledge by internal actors is known as the Not-Invented-Here syndrome. This paper sheds light on NIH attitudes in public organizations. After reviewing the state of the art of research on NIH, it emphasizes rethinking NIH in the public sector. The in-depth discussion of previous work thus serves to derive an extensive agenda for future research….(More)”

Cloud Communities: The Dawn of Global Citizenship?


Robert Schuman Centre for Advanced Studies Research Paper by Liav Orgad and Rainer Baubock: “New digital technologies are rapidly changing the global economy and have connected billions of people in deterritoralised social network. Will they also create new opportunities for global citizenship and alternatives to state-based political communities?

In his kick-off essay, Liav Orgad takes an optimistic view. Blockchain technology permits to give every human being a unique legal persona and allows individuals to associate in ‘cloud communities’ that may take on several functions of territorial states. 14 commentators discuss this vision.

Sceptics assume that states or business corporations have always found ways to capture and use new technologies for their purposes. They emphasise that the political functions of states, including their task to protect human rights, require territorial monopolies of legitimate coercion that cannot be provided by cloud communities.

Others point out that individuals would sort themselves out into cloud communities that are internally homogenous which risks to deepen political cleavages within territorial societies.

Finally, some authors are concerned that digital political communities will enhance global social inequalities through excluding from access those who are already worse off in the birthright lottery of territorial citizenship.

Optimists see instead the great potential of blockchain technology to overcome exclusion and marginalisation based on statelessness or sheer lack of civil registries; they regard it as a tool for enhancing individual freedom, since people are self-sovereign in controlling their personal data; and they emphasise the possibilities for emancipatory movements to mobilise for global justice across territorial borders or to create their own internally democratic political utopias.

In the boldest vision, the deficits of cloud communities as voluntary political associations with limited scope of power could be overcome in a global cryptodemocracy that lets all individuals participate on a one-person-one-vote basis in global political decisions….(More)”.

The ‘Datasphere’, Data Flows Beyond Control, and the Challenges for Law and Governance


Paper by Jean-Sylvestre Bergé, Stephane Grumbach and Vincenzo Zeno-Zencovich: “The flows of people, goods and capital, which have considerably increased in recent history, are leading to crises (e.g., migrants, tax evasion, food safety) which reveal the failure to control them. Much less visible, and not yet included in economic measurements, data flows have increased exponentially in the last two decades, with the digitisation of social and economic activities. A new space – Datasphere – is emerging, mostly supported by digital platforms which provide essential services reaching half of the world’s population directly. Their control over data flows raises new challenges to governance, and increasingly conflicts with public administration.

In this paper, we consider the need and the difficulty of regulating this emerging space and the different approaches followed on both sides of the Atlantic. We distinguish between three situations. We first consider data at rest, which is from the point of view of the location where data are physically stored. We then consider data in motion, and the issues related to their combination. Finally, we investigate data in action, that is data as vectors of command of legal or illegal activities over territories, with impacts on economy and society as well as security, and raise governance challenges.

The notion of ‘Datasphere’ proposes a holistic comprehension of all the ‘information’ existing on earth, originating both in natural and socio-economic systems, which can be captured in digital form, flows through networks, and is stored, processed and transformed by machines. It differs from the ‘Cyberspace’, which is mostly concerned with the networks, the technical instruments (from software and protocols to cables and data centers) together with the social activities it allows, and to what extent they could/should be allowed.

The paper suggests one – out of the many possible – approach to this new world. Clearly it would be impossible to delve in depth into all its facets, which are as many as those of the physical world. Rather, it attempts to present how traditional legal notions could be usefully managed to put order in a highly complex environment, avoiding a piecemeal approach that looks only at details….(More)”.

Algorithms are taking over – and woe betide anyone they class as a ‘deadbeat’


Zoe Williams at The Guardian: “The radical geographer and equality evangelist Danny Dorling tried to explain to me once why an algorithm could be bad for social justice.

Imagine if email inboxes became intelligent: your messages would be prioritised on arrival, so if the recipient knew you and often replied to you, you’d go to the top; I said that was fine. That’s how it works already. If they knew you and never replied, you’d go to the bottom, he continued. I said that was fair – it would teach me to stop annoying that person.

If you were a stranger, but typically other people replied to you very quickly – let’s say you were Barack Obama – you’d sail right to the top. That seemed reasonable. And if you were a stranger who others usually ignored, you’d fall off the face of the earth.

“Well, maybe they should get an allotment and stop emailing people,” I said.

“Imagine how angry those people would be,” Dorling said. “They already feel invisible and they [would] become invisible by design.”…

All our debates about the use of big data have centred on privacy, and all seem a bit distant: I care, in principle, whether or not Ocado knows what I bought on Amazon. But in my truest heart, I don’t really care whether or not my Frube vendor knows that I also like dystopian fiction of the 1970s.

I do, however, care that a program exists that will determine my eligibility for a loan by how often I call my mother. I care if landlords are using tools to rank their tenants by compliant behaviour, to create a giant, shared platform of desirable tenants, who never complain about black mould and greet each rent increase with a basket of muffins. I care if the police in Durham are using Experian credit scores to influence their custodial decisions, an example – as you may have guessed by its specificity – that is already real. I care that the same credit-rating company has devised a Mosaic score, which splits households into comically bigoted stereotypes: if your name is Liam and you are an “avid texter”, that puts you in “disconnected youth”, while if you’re Asha you’re in “crowded kaleidoscope”. It’s not a privacy issue so much as a profiling one, although, as anyone who has ever been the repeated victim of police stop-and-search could have told me years ago, these are frequently the same thing.

Privacy isn’t the right to keep secrets: it’s the right to be an individual, not a type; the right to make a choice that’s entirely your own; the right to be private….(More)”.

The Magic of “Multisolving”


Elizabeth Sawin at Stanford Social Innovation Review: “In Japan, manufacturing facilities use “green curtains”—living panels of climbing plants—to clean the air, provide vegetables for company cafeterias, and reduce energy use for cooling. A walk-to-school program in the United Kingdom fights a decline in childhood physical activity while reducing traffic congestion and greenhouse gas emissions from transportation. A food-gleaning program staffed by young volunteers and families facing food insecurity in Spain addresses food waste, hunger, and a desire for sustainability.

Each of these is a real-life example of what I call “multisolving”—where people pool expertise, funding, and political will to solve multiple problems with a single investment of time and money. It’s an approach with great relevance in this era of complex, interlinked, social and environmental challenges. But what’s the best formula for implementing projects that tackle many problems at once?

Climate Interactive, which uses systems analysis to help people address climate change, recently completed a year-long study of multisolving for climate and health. We learned there is no one-size-fits-all recipe, but we did identify three operating principles and three practices that showed up again and again in the projects we studied. What’s more, anyone wanting to access the power of cross-sectoral partnership can adopt them….(More)”.

Information Asymmetries, Blockchain Technologies, and Social Change


Reflections by Stefaan Verhulst on “the potential (and challenges) of Distributed Ledgers for “Market for Lemons” Conditions: We live in a data age, and it has become common to extol the transformative power of data and information. It is now conventional to assume that many of our most pressing public problems—everything from climate change to terrorism to mass migration—are amenable to a “data fix.”

The truth, though, is a little more complicated. While there is no doubt that data—when analyzed and used responsibly—holds tremendous potential, many factors affect whether, and to what extent, that potential will ultimately be fulfilled.

Our ability to address complex public problems using data depends vitally on how our respective data ecosystems is designed (as well as ongoing questions of representation in, power over, and stewardship of these ecosystems).

Flaws in our data ecosystem that prevent us from addressing problems; may also be responsible for many societal failures and inequalities result from the fact that:

  • some actors have better access to data than others;
  • data is of poor quality (or even “fake”); contains implicit bias; and/or is not validated and thus not trusted;
  • only easily accessible data are shared and integrated (“open washing”) while important data remain carefully hidden or without resources for relevant research and analysis; and more generally that
  • even in an era of big and open data, information too often remains stove-piped, siloed, and generally difficult to access.

Several observers have pointed to the relationship between these information asymmetries and, for example, corruption, financial exclusion, global pandemics, forced mass migration, human rights abuses, and electoral fraud.

Consider the transaction costs, power inequities and other obstacles that result from such information asymmetries, namely:

–     At the individual level: too often someone who is trying to open a bank account (or sign up for new cell phone service) is unable to provide all the requisite information, such as credit history, proof of address or other confirmatory and trusted attributes of identity. As such, information asymmetries are in effect limiting this individual’s access to financial and communications services.

–     At the corporate level, a vast body of literature in economics has shown how uncertainty over the quality and trustworthiness of data can impose transaction costs, limit the development of markets for goods and services, or shut them down altogether. This is the well-known “market for lemons” problem made famous in a 1970 paper of the same name by George Akerlof.

–     At the societal or governance level, information asymmetries don’t just affect the efficiency of markets or social inequality. They can also incentivize unwanted behaviors that cause substantial public harm. Tyrants and corrupt politicians thrive on limiting their citizens’ access to information (e.g., information related to bank accounts, investment patterns or disbursement of public funds). Likewise, criminals, operate and succeed in the information-scarce corners of the underground economy.

Blockchain technologies and Information Asymmetries

This is where blockchain comes in. At their core, blockchain technologies are a new type of disclosure mechanism that have the potential to address some of the information asymmetries listed above. There are many types of blockchain technologies, and while I use the blanket term ‘blockchain’ in the below for simplicity’s sake, the nuances between different types of blockchain technologies can greatly impact the character and likelihood of success of a given initiative.

By leveraging a shared and verified database of ledgers stored in a distributed manner, blockchain seeks to redesign information ecosystems in a more transparent, immutable, and trusted manner. Solving information asymmetries may be the real potential of blockchain, and this—much more than the current hype over virtual currencies—is the real reason to assess its potential….(More)”.

The Case for Accountability: How it Enables Effective Data Protection and Trust in the Digital Society


Centre for Information Policy Leadership: “Accountability now has broad international support and has been adopted in many laws, including in the EU General Data Protection Regulation (GDPR), regulatory policies and organisational practices. It is essential that there is consensus and clarity on the precise meaning and application of organisational accountability among all stakeholders, including organisations implementing accountability and data protection authorities (DPAs) overseeing accountability.

Without such consensus, organisations will not know what DPAs expect of them and DPAs will not know how to assess organisations’ accountability-based privacy programs with any degree of consistency and predictability. Thus, drawing from the global experience with accountability to date and from the Centre for Information Policy Leadership’s (CIPL) own extensive prior work on accountability, this paper seeks to explain the following issues:

  • The concept of organisational accountability and how it is reflected in the GDPR;
  • The essential elements of accountability and how the requirements of the GDPR (and of other normative frameworks) map to these elements;
  • Global acceptance and adoption of accountability;
  • How organisations can implement accountability (including by and between controllers and processors) through comprehensive internal privacy programs that implement external rules or the organisation’s own data protection policies and goals, or through verified or certified accountability mechanisms, such as Binding Corporate Rules (BCR), APEC Cross-Border Privacy Rules (CBPR), APEC Privacy Recognition for Processors (PRP), other seals and certifications, including future GDPR certifications and codes of conduct; and
  • The benefits that accountability can deliver to each stakeholder group.

In addition, the paper argues that accountability exists along a spectrum, ranging from basic accountability requirements required by law (such as under the GDPR) to stronger and more granular accountability measures that may not be required by law but that organisations may nevertheless want to implement because they convey substantial benefits….(More)”.

Ethics as Methods: Doing Ethics in the Era of Big Data Research—Introduction


Introduction to the Special issue of Social Media + Society on “Ethics as Methods: Doing Ethics in the Era of Big Data Research”: Building on a variety of theoretical paradigms (i.e., critical theory, [new] materialism, feminist ethics, theory of cultural techniques) and frameworks (i.e., contextual integrity, deflationary perspective, ethics of care), the Special Issue contributes specific cases and fine-grained conceptual distinctions to ongoing discussions about the ethics in data-driven research.

In the second decade of the 21st century, a grand narrative is emerging that posits knowledge derived from data analytics as true, because of the objective qualities of data, their means of collection and analysis, and the sheer size of the data set. The by-product of this grand narrative is that the qualitative aspects of behavior and experience that form the data are diminished, and the human is removed from the process of analysis.

This situates data science as a process of analysis performed by the tool, which obscures human decisions in the process. The scholars involved in this Special Issue problematize the assumptions and trends in big data research and point out the crisis in accountability that emerges from using such data to make societal interventions.

Our collaborators offer a range of answers to the question of how to configure ethics through a methodological framework in the context of the prevalence of big data, neural networks, and automated, algorithmic governance of much of human socia(bi)lity…(More)”.