Guide to Good Practice on the Use of New Technologies for the Administration of Justice


Report by México Evalúa: “This document offers a brief review of decisions, initiatives and implementation processes of various policies designed by the judiciary to incorporate the use of new technologies in their work. We are interested in highlighting the role that these tools can play not only in diversifying the means through which the public accesses the service of imparting justice, but also in facilitating and improving the organization of work in the courts and tribunals. We also analyzed the way in which the application of certain technological developments in justiciary tasks, in particular tele or videoconferences, has redefined the traditional structure of the judicial proceeding by allowing remote, simultaneous and collective interaction of the subjects involved. We also reflect on the dilemmas, viability and not always intended effects of the use of new technologies in the administration of justice.

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We chose to analyze them from the focus of the procedural moment in which they intervene, that is, from the user’s perspective, because although technological solutions may have a wide range of objectives, it seems to us that, behind any technological development, the goal of facilitating, expanding and improving citizens’ access to justice should always prevail. We report several experiences aimed at reorganizing the processing of legal proceedings in the various phases that structure them, from the activation stage procedural (filing of lawsuit or judicialization of a criminal investigation) to the execution of court rulings (judgments, arbitral awards), passing through the processing of cases (hearings, proceedings). We would like to emphasize that access to justice includes everything from the processing of cases to the timely enforcement of court rulings. That vision can be summarized with the following figure:…(More)”.

Scholarly publishing needs regulation


Essay by Jean-Claude Burgelman: “The world of scientific communication has changed significantly over the past 12 months. Understandably, the amazing mobilisation of research and scholarly publishing in an effort to mitigate the effects of Covid-19 and find a vaccine has overshadowed everything else. But two other less-noticed events could also have profound implications for the industry and the researchers who rely on it.

On 10 January 2020, Taylor and Francis announced its acquisition of one of the most innovative small open-access publishers, F1000 Research. A year later, on 5 January 2021, another of the big commercial scholarly publishers, Wiley, paid nearly $300 million for Hindawi, a significant open-access publisher in London.

These acquisitions come alongside rapid change in publishers’ functions and business models. Scientific publishing is no longer only about publishing articles. It’s a knowledge industry—and it’s increasingly clear it needs to be regulated like one.

The two giant incumbents, Springer Nature and Elsevier, are already a long way down the road to open access, and have built up impressive in-house capacity. But Wiley, and Taylor and Francis, had not. That’s why they decided to buy young open-access publishers. Buying up a smaller, innovative competitor is a well-established way for an incumbent in any industry to expand its reach, gain the ability to do new things and reinvent its business model—it’s why Facebook bought WhatsApp and Instagram, for example.

New regulatory approach

To understand why this dynamic demands a new regulatory approach in scientific publishing, we need to set such acquisitions alongside a broader perspective of the business’s transformation into a knowledge industry. 

Monopolies, cartels and oligopolies in any industry are a cause for concern. By reducing competition, they stifle innovation and push up prices. But for science, the implications of such a course are particularly worrying. 

Science is a common good. Its products—and especially its spillovers, the insights and applications that cannot be monopolised—are vital to our knowledge societies. This means that having four companies control the worldwide production of car tyres, as they do, has very different implications to an oligopoly in the distribution of scientific outputs. The latter situation would give the incumbents a tight grip on the supply of knowledge.

Scientific publishing is not yet a monopoly, but Europe at least is witnessing the emergence of an oligopoly, in the shape of Elsevier, Springer Nature, Wiley, and Taylor and Francis. The past year’s acquisitions have left only two significant independent players in open-access publishing—Frontiers and MDPI, both based in Switzerland….(More)”.

Consensus or chaos? Pandemic response hinges on trust, experts say


Article by Catherine Cheney: “Trust is a key reason for the wide variance in how countries have fared during the COVID-19 pandemic, determining why some have succeeded in containing the virus while others have failed, according to new research on responses across 23 countries.

The work, supported by Schmidt Futures and the National Science Foundation and carried out by teams at Columbia, Harvard, and Cornell Universities, studied national responses to COVID-19 based on public health, economy, and politics.

It organizes countries into three categories: control, consensus, and chaos. The researchers call the United States the leading example of high levels of polarization, decentralized decision-making, and distrust in expertise leading to policy chaos. The category also includes Brazil, India, Italy, and the United Kingdom.

To prepare for future pandemics, countries must build trust in public health, government institutions, and expert advice, according to a range of speakers at last week’s Futures Forum on Preparedness. Schmidt Futures, which co-hosted the event, announced that it is launching a new challenge to source the best ideas from around the world for developing trust in public health interventions. This request for proposals is likely just the beginning as funders explore how to learn from the pandemic and build trust moving forward….(More)”.

From Journalistic Ethics To Fact-Checking Practices: Defining The Standards Of Content Governance In The Fight Against Disinformation


Paper by Paolo Cavaliere: “This article claims that the practices undertaken by digital platforms to counter disinformation, under the EU Action Plan against Disinformation and the Code of Practice, mark a shift in the governance of news media content. While professional journalism standards have been used for long, both within and outside the industry, to assess the accuracy of news content and adjudicate on media conduct, the platforms are now resolving to different fact-checking routines to moderate and curate their content.
The article will demonstrate how fact-checking organisations have different working methods than news operators and ultimately understand and assess ‘accuracy’ in different ways. As a result, this new and enhanced role for platforms and fact-checkers as curators of content impacts on how content is distributed to the audience and, thus, on media freedom. Depending on how the fact-checking standards and working routines will consolidate in the near future, however, this trend offers an actual opportunity to improve the quality of news and the right to receive information…(More)”.

The Hidden Cost of Using Amazon Mechanical Turk for Research


Paper by Antonios Saravanos: “This work shares unexpected findings obtained from the use of the Amazon Mechanical Turk platform as a source of participants for the study of technology adoption. Expressly, of the 564 participants from the United States, 126 (22.34%) failed at least one of three forms of attention check (logic, honesty, and time). We also examined whether characteristics such as gender, age, education, and income affected participant attention. Amongst all characteristics assessed, only prior experience with the technology being studied was found to be related to attentiveness. We conclude this work by reaffirming the need for multiple forms of attention checks to gauge participant attention. Furthermore, we propose that researchers adjust their budgets accordingly to account for the possibility of having to discard responses from participants determined not to be displaying adequate attention….(More)”.

The Rule of Technology – How Technology Is Used to Disturb Basic Labor Law Protections


Paper by Tammy Katsabian: “Much has been written on technology and the law. Leading scholars are occupied with the power dynamics between capital, technology, and the law, along with their implications for society and human rights. Alongside that, various labor law scholars focus on the implications of smart technology on employees’ rights throughout the recruitment and employment periods and on workers’ status and rights in the growing phenomenon of platform-based work. This article aims to contribute to the current scholarship by zooming it out and observing from a bird’s-eye view how certain actors use technology to manipulate and challenge basic legal categories in labor today. This is done by referring to legal, sociological, and internet scholarship on the matter.

The main argument elaborated throughout this article is that digital technology is used to blur and distort many of the basic labor law protections. Because of this, legal categories and rights in the labor field seem to be outdated and need to be adjusted to this new reality.
By providing four detailed examples, the article unpacks how employers, giant high-tech companies, and society use various forms of technology to constantly disturb legal categories in the labor field regarding time, sphere, and relations. In this way, the article demonstrates how social media sites, information communication technologies, and artificial intelligence are used to blur the traditional concepts of privacy, working time and place, the employment contract, and community. This increased blurriness and fragility in labor have created many new difficulties that require new ways of thinking about regulation. Therefore, the article argues that both law and technology have to be modified to cope with the new challenges. Following this, the article proposes three possible ways in which to start considering the regulation of labor in the digital reality: (1) embrace flexibility as part of the legal order and use it as an interpretive tool and not just as an obstacle, (2) broaden the current legal protection and add a procedural layer to the legal rights at stake, and (3) use technology as part of the solution to the dilemmas that technology itself has emphasized. By doing so, this article seeks to enable more accurate thinking on law and regulation in the digital reality, particularly in the labor field, as well as in other fields and contexts….(More)”.

We need a new era of international data diplomacy


Rohinton P. Medhora at the Financial Times: “From contact-tracing apps to telemedicine, digital health innovations that can help tackle coronavirus have been adopted swiftly during the pandemic. Lagging far behind, however, are any investigations of their reliability and the implications for privacy and human rights.

In the wake of this surge in “techno-solutionism”, the world needs a new era of data diplomacy to catch up.

Big data holds great promise in improving health outcomes. But it requires norms and standards to govern collection, storage and use, for which there is no global consensus. 

The world broadly comprises four data zones — China, the US, the EU and the remainder. The state-centric China zone, where individuals have no control over their personal data, is often portrayed as the poster child of the long-threatened Orwellian society.A woman scans a QR code of a local app to track personal data for the Covid-19 containment in Zouping in east China’s Shandong province © Barcroft Media via Getty Images

Yet the corporation-centric US zone is also disempowering. The “consent” that users provide to companies is meaningless. Most consumers do not read the endless pages of fine print before “agreeing”, while not consenting means opting out of the digital world and is seldom useful.

The EU’s General Data Protection Regulation goes furthest in entrenching the rights of EU citizens to safeguard their privacy and provide a measure of control over personal data.

But it is not without drawbacks. Costs of compliance are high, with small and medium-sized companies facing a disproportionately large bill that strengthens the large companies that the regulation was designed to rein in. There are also varying interpretations of the rules by different national data protection authorities.

The rest of the world does not have the capacity to create meaningful data governance. Governments are either de facto observers of others’ rules or stumble along with a non-regime. One-fifth of countries have no data protection and privacy legislation, according to figures from Unctad, the UN’s trade and development agency.

Global diplomacy is needed to bring some harmony in norms and practices between these four zones, but the task is not easy. Data straddles our prosperity, health, commerce, quality of democracy, security and safety.

A starting point could be a technology charter of principles, such as the Universal Declaration of Human Rights. It may not be fully applied everywhere, but it could serve as a beacon of hope — particularly for citizens in countries with oppressive regimes — and could guide the drafting of national and subnational legislation.

A second focus should be the equitable taxation of multinational digital platforms that use canny accounting practices to cut their tax bill. While the largest share of users — and one that is growing fast — are in populous poorer parts of the world, the value created from their data goes to richer countries.

This imbalance, coupled with widespread use of tax havens by multinational technology companies, is exacerbating government funding gaps already under pressure because of the pandemic.

A third priority is to revisit statistics. Just as the UN System of National Accounts was introduced in the 1950s, today we need a set of universally accepted definitions and practices to categorise data.

That would allow us to measure and understand the nature of the new data-driven economy. National statistical agencies must be strengthened to gather information and to act as stewards of ever greater quantities of personal data.

Finally, just as the financial crisis of 2007-08 led to the creation of the Financial Stability Forum (a global panel of regulators now called the Financial Stability Board), the Covid-19 crisis is an opportunity to galvanise action through a digital stability board….(More)”

Government digital services and children: pathways to digital transformation


Report by UNICEF and United Nations University (UNU-EGOV): “Digital technologies continue to change the dynamics of our economies and societies and, in so doing, have the potential to alter the character of modern government permanently. The ‘digital revolution’ has come with the promise of improved governance and more inclusive and responsive service delivery and there are now many public websites, digital platforms and applications through which governments inform and assist citizens using information and communication technologies (ICT).

A central tenet of the transition to e-government is the digitization of public health, education, social and identity management services offered by national and local governments. Digitization in these areas is undertaken to expand service access to the public and, in particular, to traditionally underserved groups. The 2020 United Nations E-Government Development Index finds that 80 per cent of 193 United Nations (UN) Member States now offer some digital content or online services for youth, women, older people, persons with disabilities, migrants and/or those living in poverty.

While these services are increasingly common in the 21st century, they have become essential during the global COVID-19 pandemic — not least, for children and families. Amidst the digital transformation of government, technology has an increasing impact on a child’s ability to enjoy the benefits of public health care, education and welfare initiatives, and the COVID-19 pandemic has now brought the potential — and challenges — of digital services for children to the fore of policy planning discussions. As a result of school closures in over 190 countries and the suspension of many vital face-to-face services, more than two-thirds of countries have introduced a national online learning platform for children during the pandemic, leading to a re-examination of the efficacy of these services for continuity of learning.

Despite this, there is surprisingly little systematic exploration of the discourse and practices that ensure that
e-government services can advance and protect the rights of children and young people…(More)”.

Anticipatory innovation governance


OECD Working Paper: “This working paper introduces the key concepts and features of anticipatory innovation governance– i.e. the structures and mechanisms to allow and promote anticipatory innovation alongside other types of innovation in the public sector. This paper draws on academic literature and OECD work on a range of areas including public sector innovation, foresight, anticipatory governance and emerging technologies. The paper starts outlining an emerging framework to guide policy making in complex and uncertain contexts and sets out some questions for further research in the area of anticipatory innovation governance….(More)”

Inaccurate Data, Half-Truths, Disinformation, and Mob Violence


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Image credit: Kayla Velasquez/Unsplash.

Selected Readings by Fiona Cece, Uma Kalkar, and Stefaan Verhulst: “The mob attack on the US Congress was alarming and the result of various efforts to undermine the trust in and legitimacy of longstanding democratic processes and institutions. In particular, the use of inaccurate data, half-truths, and disinformation to spread hate and division is considered a key driver behind last week’s attack. Altering data to support conspiracy theories or challenging and undermining the credibility of trusted data sources to allow for alternative narratives to flourish, if left unchallenged, has consequences — including the increased acceptance and use of violence both off-line and on-line.

Everyone working on data and information needs to be aware of the implications of altering or misusing data (including election results) to support malicious objectives. The January 6th riot is unfortunately not a unique event, nor is it contained to the US. Below, we provide a curation of findings and readings that illustrate the global danger of inaccurate data, half-truths, and willful disinformation….(Readings)”.