Order Without Intellectual Property Law: Open Science in Influenza


Amy Kapczynski at Cornell Law Review: “Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on “intellectual production without IP” (or “IP without IP”) has emerged to explore this question, but its examples and explanations have yet to convince skeptics.

This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group — all without recourse to IP. I analyze the Network as an example of “open science,” a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need.

The theory and example developed here refute the most powerful criticisms of the emerging “IP without IP” literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a “supply side” rather than “demand side” model. In its most important instances, “order without IP” is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives….(More)”.

Democracy Needs a Reboot for the Age of Artificial Intelligence


Katharine Dempsey at The Nation: “…A healthy modern democracy requires ordinary citizens to participate in public discussions about rapidly advancing technologies. We desperately need new policies, regulations, and safety nets for those displaced by machines. With computing power accelerating exponentially, the scale of AI’s significance is still not being fully internalized. The 2017 McKinsey Global Initiative report “A Future that Works” predicts that AI and advanced robotics could automate roughly half of all work globally by 2055, but, McKinsey notes, “this could happen up to 20 years earlier or later depending on the various factors, in addition to other wider economic conditions.”

Granted, the media are producing more articles focused on artificial intelligence, but too often these pieces veer into hysterics. Wired magazine labeled this year’s coverage “The Great Tech Panic of 2017.” We need less fear-mongering and more rational conversation. Dystopian narratives, while entertaining, can also be disorienting. Skynet from the Terminatormovies is not imminent. But that doesn’t mean there aren’t hazards ahead….

Increasingly, to thoughtfully discuss ethics, politics, or business, the general population needs to pay attention to AI. In 1989, Ursula Franklin, the distinguished German-Canadian experimental physicist, delivered a series of lectures titled “The Real World of Technology.” Franklin opened her lectures with an important observation: “The viability of technology, like democracy, depends in the end on the practice of justice and on the enforcements of limits to power.”

For Franklin, technology is not a neutral set of tools; it can’t be divorced from society or values. Franklin further warned that “prescriptive technologies”—ones that isolate tasks, such as factory-style work—find their way into our social infrastructures and create modes of compliance and orthodoxy. These technologies facilitate top-down control….(More)”.

Once Upon an Algorithm: How Stories Explain Computing


Book by Martin Erwig: “Picture a computer scientist, staring at a screen and clicking away frantically on a keyboard, hacking into a system, or perhaps developing an app. Now delete that picture. In Once Upon an Algorithm, Martin Erwig explains computation as something that takes place beyond electronic computers, and computer science as the study of systematic problem solving. Erwig points out that many daily activities involve problem solving. Getting up in the morning, for example: You get up, take a shower, get dressed, eat breakfast. This simple daily routine solves a recurring problem through a series of well-defined steps. In computer science, such a routine is called an algorithm.

Erwig illustrates a series of concepts in computing with examples from daily life and familiar stories. Hansel and Gretel, for example, execute an algorithm to get home from the forest. The movie Groundhog Day illustrates the problem of unsolvability; Sherlock Holmes manipulates data structures when solving a crime; the magic in Harry Potter’s world is understood through types and abstraction; and Indiana Jones demonstrates the complexity of searching. Along the way, Erwig also discusses representations and different ways to organize data; “intractable” problems; language, syntax, and ambiguity; control structures, loops, and the halting problem; different forms of recursion; and rules for finding errors in algorithms.

This engaging book explains computation accessibly and shows its relevance to daily life. Something to think about next time we execute the algorithm of getting up in the morning…(More)”.

Randomized Controlled Trials: How Can We Know ‘What Works’?


Nick Cowen et al at Critical Review: “We attempt to map the limits of evidence-based policy through an interactive theoretical critique and empirical case-study. We outline the emergence of an experimental turn in EBP among British policymakers and the limited, broadly inductive, epistemic approach that underlies it. We see whether and how field professionals identify and react to these limitations through a case study of teaching professionals subject to a push to integrate research evidence into their practice. Results suggest that many of the challenges of establishing evidential warrant that EBP is supposed to streamline re-appear at the level of choice of locally effective policies and implementation…(More)”.

Most of the public doesn’t know what open data is or how to use it


Jason Shueh at Statescoop: “New survey results show that despite the aggressive growth of open data, there is a drastic need for greater awareness and accessibility.

Results of a global survey published last month by Singapore’s Government Technology agency (GovTech) and the Economist Intelligence Unit, a British forecasting and advisory firm, show that open data is not being utilized as effectively as it could be. Researchers surveyed more than 1,000 residents in the U.S. and nine other leading open data counties and found that “an overwhelming” number of respondents say the primary barrier to open data’s use and effectiveness is a lack of public awareness.

The study reports that 50 percent of respondents said that national and local governments need to expand their civic engagements efforts on open data.

“Half of respondents say there is not enough awareness in their country about open government data initiatives and their benefits or potential uses,” the reports notes. “This is seen as the biggest barrier to more open government data use, particularly by citizens in India and Mexico.”

Accessibility is named as the second largest hurdle, with 31 percent calling for more relevant data. Twenty-five percent say open data is difficult to use due to a lack of standardized formats and another 25 percent say they don’t have the skills to understand open data.

Those calling for more relevant data say they wanted to see more information on crime, the economy and the environment, yet report they are happy with the availability and use of open data related to transportation….

When asked to name the main benefit of open data, 70 percent say greater transparency, 78 percent say to drive a better quality of life, and 53 percent cite better decision making….(More)”.

Crowdsourced Smart Cities


Paper by Robert A Iannucci and Anthony Rowe: “The vision of applying computing and communication technologies to enhance life in our cities is fundamentally appealing. Pervasive sensing and computing can alert us to imminent dangers, particularly with respect to the movement of vehicles and pedestrians in and around crowded streets. Signaling systems can integrate knowledge of city-scale traffic congestion. Self-driving vehicles can borrow from and contribute to a city-scale information collaborative. Achieving this vision will require significant coordination among the creators of sensors, actuators, and application-level software systems. Cities will invest in such smart infrastructure if and only if they are convinced that the value can be realized. Investment by technology providers in creation of the infrastructure depends to a large degree on their belief in a broad and ready market. To accelerate innovation, this stalemate must be broken. Borrowing a page from the evolution of the internet, we put forward the notion that an initially minimalist networking infrastructure that is well suited to smart city concepts can break this cycle and empower co-development of both clever city-sensing devices and valuable city-scale applications, with players large and small being empowered in the process. We call this the crowdsourced smart city concept. We illustrate the concept via an examination of our ongoing project to crowdsource real-time traffic data, arguing that this can rapidly generalize to many more smart city applications. This exploration motivates study of a number of smart city challenges, crowdsourced or otherwise, leading to a paradigm shift we call edgeless computing….(More)”.

No risk, no innovation: the double-bind for the public sector


Apolitical: “The political incentives to risk public money are non-existent – it’s too easy to see the short-term political consequences of initiatives gone wrong and debate whether taxpayers’ money is going down the drain. Public money is to be spent according to rules and regulations.”

This is how Jon Simonsson, Head of Innovation, Research and Capital at Sweden’s Ministry for Enterprise and Innovation, sees the potential for public servants to take risks. You may think that someone in Simonsson’s line of work – government innovation – would assume a more entrepreneurial mindset, but he’s hardly alone….

Government incentives for risk, meanwhile, don’t really exist. If you pull off a major improvement in service delivery, you don’t get a bump in compensation or promoted faster. It can feel really scary because any time you take a risk, you know that if you fail you’ll deal with criticism from the public,” said Reed.

Reed believes that the best way for governments to champion innovation is for them to institute programs and spaces designated for experimentation. San Francisco does this with several projects designed for collaboration between startups and government employees, like Startup in Residence, through which public agencies work with entrepreneurs. The startup employees give city officials a fresh perspective on long-standing civic problems, and help them prototype and user-test solutions. “[The government] tells public servants that this is sanctioned risk, and they’ll have moral support,” said Reed.

The City of West Hollywood, in Los Angeles, takes a similar approach. It recently instituted a two-person innovation division to act as consultants for its entire staff.

“Working with an innovation lab challenges your assumptions. That journey can be confronting and quite challenging to many people”

“I think government has a responsibility to take risks – we need to cultivate a culture of innovation, and sometimes that means spending money on projects that support staff ideas,” said Kate Mayerson, the city’s Innovation Analyst. “There’s something a little magical here: leadership that supports innovation and risk-taking from the top down.”…(More)”.

External validity and policy adaptation. From impact evaluation to policy design


Paper by Martin J. Williams: “With the growing number of rigorous impact evaluations worldwide, the question of how best to apply this evidence to policymaking processes has arguably become the main challenge for evidence-based policymaking. How can policymakers predict whether a policy will have the same impact in their context as it did elsewhere, and how should this influence the design and implementation of policy? This paper introduces a simple and flexible framework to address these questions of external validity and policy adaptation. I show that failures of external validity arise from an interaction between a policy’s theory of change and a dimension of the context in which it is being implemented, and develop a method of “mechanism mapping” that maps a policy’s theory of change against salient contextual assumptions to identify external validity problems and suggest appropriate policy adaptations. In deciding whether and how to adapt a policy in a new context, I show there is a fundamental informational trade-o↵ between the strength and relevance of evidence on the policy from other contexts and the policymaker’s knowledge of the local context. This trade-o↵ can guide policymakers’ judgments about whether policies should be copied exactly from elsewhere, adapted, or invented anew….(More)”

Ethical questions in data journalism and the power of online discussion


David Craig, Stan Ketterer and Mohammad Yousuf at Data Driven Journalism: “One common element uniting data journalism projects, across different stories and locations, is the ethical challenges they present.

As scholars and practitioners of data journalism have pointed out, main issues include flawed datamisrepresentation from a lack of context, and privacy concerns. Contributors have discussed the ethics of data journalism on this site in posts about topics such as the use of pervasive datatransparency about editorial processes in computational journalism, and best practices for doing data journalism ethically.

Our research project looked at similar ethical challenges by examining journalists’ discussion of the controversial handling of publicly accessible gun permit data in two communities in the United States. The cases are not new now, but the issues they raise persist and point to opportunities – both to learn from online discussion of ethical issues and to ask a wide range of ethical questions about data journalism

The cases

Less than two weeks after the 2012 shooting deaths of 20 children and six staff members at Sandy Hook Elementary School in Newtown, Connecticut, a journalist at The Journal News in White Plains, New York, wrote a story about the possible expansion of publicly accessible gun permit data. The article was accompanied by three online maps with the locations of gun permit holders. The clickable maps of a two-county area in the New York suburbs also included the names and addresses of the gun permit holders. The detailed maps with personal information prompted a public outcry both locally and nationally, mainly involving privacy and safety concerns, and were subsequently taken down.

Although the 2012 case prompted the greatest attention, another New York newspaper reporter’s Freedom of Information request for a gun permit database for three counties sparked an earlier public outcry in 2008. The Glen Falls Post-Star’s editor published an editorial in response. “We here at The Post-Star find ourselves in the unusual position of responding to the concerns of our readers about something that has not even been published in our newspaper or Web site,” the editorial began. The editor said the request “drew great concern from members of gun clubs and people with gun permits in general, a concern we totally understand.”

Both of these cases prompted discussion among journalists, including participants in NICAR-L, the listserv of the National Institute for Computer-Assisted Reporting, whose subscribers include data journalists from major news organizations in the United States and around the world. Our study examined the content of three discussion threads with a total of 119 posts that focused mainly on ethical issues.

Key ethical issues

Several broad ethical issues, and specific themes related to those issues, appeared in the discussion.

1. Freedom versus responsibility and journalistic purpose..

2. Privacy and verification..

3. Consequences..

….(More)”

See also: David Craig, Stan Ketterer and Mohammad Yousuf, “To Post or Not to Post: Online Discussion of Gun Permit Mapping and the Development of Ethical Standards in Data Journalism,” Journalism & Mass Communication Quarterly

How Americans Perceive Government in 2017


Gallup: “Overall, Americans’ views of government remain negative. Most U.S. adults are dissatisfied with how the executive and legislative branches are doing their jobs, and majorities hold unfavorable views of both major political parties. Even Republicans rate Congress negatively, despite their party being in control of both chambers.

  1. Americans’ frustration with government is focused on Washington, D.C. This is seen in trust and approval ratings they give to the executive and legislative branches — especially Congress. U.S. adults maintain higher levels of trust in the judicial branch as well as state and local government.
  2. Barely a quarter of Americans, 28%, currently say they are satisfied with the way the nation is being governed. This is below the average of 38% found in the 22 times Gallup has asked this question since 1971 but still above the low point of 18%, recorded during the federal government shutdown in October 2013.
  3. Americans’ low trust in many aspects of their government is part of a general trend of declining trust in U.S. institutions. But even in this broad context, the government is particularly suspect in the public’s eyes. The federal government has the least positive image of any business or industry sector measured, Congress engenders the lowest confidence of any institution that Gallup tests, and Americans rate the honesty and ethics of members of Congress as the lowest among 22 professions in Gallup’s most recent update.
  4. Another longtime indicator of citizen frustration with government comes from Gallup’s monthly updates on the most important problem facing the nation. Government was the most frequently occurring single problem mentioned during all of 2014 and 2015, was the second most frequently mentioned problem in 2016, and has been at the top or near the top of the list throughout 2017.
  5. The issues that Americans raise when they talk about government as the top problemcenter more on the process of government and political personalities — particularly infighting and bickering — than on worries about government power, size, or specific policies or tendencies.
  6. Americans continue to have more trust in the government to handle international than domestic problems, although both are down substantially since Gallup began measuring them routinely 17 years ago. Even with these overall declines, a majority continue to have at least a fair amount of trust in the government to handle international issues.
  7. Americans’ declining trust in the government is also reflected in the finding that both presidential and congressional job approval ratings are low on a historical basis. Just 13% say they approve of Congress, slightly above the all-time low of 9% recorded in the fall of 2013. Rank-and-file Republicans are essentially as down on the legislative branch of government as are Democrats, even though the GOP is in control of both houses. Presidential job approval is in the 35% to 40% range, well below historical averages as well as averages for elected presidents in their first year in office.
  8. One consistent finding in recent decades: Americans have a relatively higher level of trust in the judicial branch than either the executive or legislative branch. The higher regard in which Americans hold the judicial branch is also reflected in the approval rating they give the Supreme Court — now 49%, and the highest in five years. Still, trust in all three branches is down on a longer-term basis.
  9. Trust in the men and women in political office is also low. The majority of Americans, however, continue to have trust in the people of the country themselves, in essence the bedrock of democracy, and this is up slightly this year….(More)”.