Report by Daniel Castro: “Data protection laws and regulations can contain restrictive provisions, which limit data sharing and use, as well as permissive provisions, which increase it. Data portability is an example of a permissive provision that allows consumers to obtain a digital copy of their personal information from an online service and provide this information to other services. By carefully crafting data portability provisions, policymakers can enable consumers to obtain more value from their data, create new opportunities for businesses to innovate with data, and foster competition….(More)”.
What Biden’s Democracy Summit Is Missing
Essay by Hélène Landemore: “U.S. President Joe Biden is set to host a virtual summit this week for leaders from government, civil society, and the private sector to discuss the renewal of democracy. We can expect to see plenty of worthy yet predictable issues discussed: the threat of foreign agents interfering in elections, online disinformation, political polarization, and the temptation of populist and authoritarian alternatives. For the United States specifically, the role of money in politics, partisan gerrymandering, endless gridlock in Congress, and the recent voter suppression efforts targeting Black communities in the South should certainly be on the agenda.
All are important and relevant topics. Something more fundamental, however, is needed.
The clear erosion of our political institutions is just the latest evidence, if any more was needed, that it’s past time to discuss what democracy actually means—and why we should care about it. We have to question, moreover, whether the political systems we have are even worth restoring or if we should more substantively alter them, including through profound constitutional reforms.
Such a discussion has never been more vital. The systems in place today once represented a clear improvement on prior regimes—monarchies, theocracies, and other tyrannies—but it may be a mistake to call them adherents of democracy at all. The word roughly translates from its original Greek as “people’s power.” But the people writ large don’t hold power in these systems. Elites do. Consider that in the United States, according to a 2014 study by the political scientists Martin Gilens and Benjamin Page, only the richest 10 percent of the population seems to have any causal effect on public policy. The other 90 percent, they argue, is left with “democracy by coincidence”—getting what they want only when they happen to want the same thing as the people calling the shots.
This discrepancy between reality—democracy by coincidence—and the ideal of people’s power is baked in as a result of fundamental design flaws dating back to the 18th century. The only way to rectify those mistakes is to rework the design—to fully reimagine what it means to be democratic. Tinkering at the edges won’t do….(More)”
The Promise of Community-Driven Science
Article by Louise Lief: “Powered by thousands of early-career scientists and students, a global movement to transform scientific practice has emerged in recent years. The objective is to “expand the boundaries of what we consider science,” says Rajul Pandya, senior director of Thriving Earth Exchange at the American Geophysical Union (AGU), “to fundamentally transform science and the way we use it.”
These scientists have joined forces with community leaders and members of the public to establish new protocols and methods for doing community-driven science in an effort to make civic science even more inclusive and accessible to the public. Community science is an outgrowth of two earlier movements that emerged in response to the democratizing forces of the internet: open science, the push to make scientific research accessible and to encourage sharing and collaboration throughout the research cycle; and open data, the support for data that anyone can freely use, reuse, and share.
For open-science advocates, a reset of scientific practice is long overdue. For decades, the field has been dominated by what some experts call the “science-push” model, a top-down approach in which scientists decide which investigations to pursue, what questions to ask, how to do the science, and which results are significant. If members of the public are involved at all, they serve as research subjects or passive consumers of knowledge curated and presented to them by scientists.
The traditional approach to science has resulted in the public’s increasing distrust of scientists—their motives, values, and business interests. Science is a process that explores the world through observation and experiment, looking for evidence that may reveal larger patterns, often producing new discoveries. However, science itself does not decide the effects or outcomes of these results. The devastating opioid epidemic—in which manufacturers have aggressively promoted the highly addictive drugs, downplaying risks and misinforming doctors—has shown that the values and motives of those who practice science make all the difference.
Instead, open-science advocates believe science should be a joint enterprise between scientists and the public to demonstrate the value of science in people’s lives. Such collaboration will change the way scientists, communities, regulatory agencies, policy makers, academia, and funders work individually and collectively. Each player will be able to integrate science more easily into civic decision-making and target problems more efficiently and at lower costs. This collaborative work will create new opportunities for civic action and give the public a greater sense of ownership—making it their science….(More)”.
Contracting and Contract Law in the Age of Artificial Intelligence
Book edited by Martin Ebers, Cristina Poncibò, and Mimi Zou: “This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors.
The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field.
The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws….(More)”.
How digital minilaterals can revive international cooperation
Blog by Tanya Filer and Antonio Weiss: “From London to the Organisation for Economic Co-operation and Development, calls to “reimagine” or “revive” multilateralism have been a dime a dozen this year. The global upheaval of COVID-19 and emerging megatrends—from the climate crisis to global population growth—have afforded a new urgency to international cooperation and highlighted a growing sclerosis within multilateralism that even its greatest proponents admit.
While these calls—and the rethinking they are beginning to provoke—are crucial, a truly new and nuanced multilateralism will require room for other models too. As we described in a paper published last year at the Bennett Institute for Public Policy at the University of Cambridge, digital minilaterals are providing a new model for international cooperation. Made up of small, trust-based, innovation-oriented networks, digital minilaterals use digital culture, practices, processes, and technologies as tools to advance peer learning, support, and cooperation between governments.
Though far removed from great power politics, digital minilaterals are beginning to help nation-states navigate an environment of rapid technological change and problems of complex systems, including through facilitating peer-learning, sharing code base, and deliberating on major ethical questions, such as the appropriate use of artificial intelligence in society. Digital minilateralism is providing a decentralized form of global cooperation and could help revive multilateralism. To be truly effective, digital minilaterals must place as much emphasis on common values as on pooled knowledge, but it remains to be seen whether these new diplomatic groupings will deliver on their promise….(More)”.
Data Powered Positive Deviance Handbook
Handbook by GIZ and UNDP: “Positive Deviance (PD) is based on the observation that in every community or organization, there are a few individuals who achieve significantly better outcomes than their peers, despite having similar challenges and resources. These individuals are referred to as positive deviants, and adopting their solutions is what is referred to as the PD approach.
The method described in this Handbook follows the same logic as the PD approach but uses pre-existing, non-traditional data sources instead of — or in conjunction with — traditional data sources. Non-traditional data in this context broadly refers to data that is digitally captured (e.g. mobile phone records and financial data), mediated (e.g. social media and online data), or observed (e.g. satellite imagery). The integration of such data to complement traditional data sources generally used in PD is what we refer to as Data Powered Positive Deviance (DPPD)…(More)”.
Perspectives on Platform Regulation
Open Access Book edited by Judit Bayer, Bernd Holznage, Päivi Korpisaari and Lorna Woods: “Concepts and Models of Social Media GovernanceOnline social media platforms set the agenda and structure for public and private communication in our age. Their influence and power is beyond any traditional media empire. Their legal regulation is a pressing challenge, but currently, they are mainly governed by economic pressures. There are now diverse legislative attempts to regulate platforms in various parts of the world. The European Union and most of its Member States have historically relied on soft law, but are now looking to introduce regulation.
Leading researchers of the field analyse the hard questions and the responses given by various states. The book offers legislative solutions from various parts of the world, compares regulatory concepts and assesses the use of algorithms….(More)”.
The Birth of Digital Human Rights
Book by Rebekah Dowd on “Digitized Data Governance as a Human Rights Issue in the EU”: “…This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance – the human rights of digital data use by the public and private sectors….(More)”.
Decolonizing Innovation
Essay by Tony Roberts and Andrea Jimenez Cisneros: “In order to decolonize global innovation thinking and practice, we look instead to indigenous worldviews such as Ubuntu in Southern Africa, Swaraj in South Asia, and Buen Vivir in South America. Together they demonstrate that a radically different kind of innovation is possible.
The fate of Kenya’s Silicon Savannah should serve as a cautionary tale about exporting Western models to the Global South.
The fate of Kenya’s Silicon Savannah should serve as a cautionary tale about exporting Western models to the Global South. The idea of an African Silicon Valley emerged around 2011 amidst the digital technology ecosystem developing in Nairobi. The success of Nairobi’s first innovation hub inspired many imitators and drove ambitious plans by the government to build a new innovation district in the city. The term “Silicon Savannah” captured these aspirations and featured in a series of blog posts, white papers, and consultancy reports. Advocates argued that Nairobi could leapfrog other innovation centers due to lower entry barriers and cost advantages.
These promises caught the attention of many tech entrepreneurs and policymakers—including President Barack Obama, who cohosted the 2015 Global Entrepreneurship Summit in Kenya. As part of its Silicon Savannah vision, the Kenyan government proposed to build a “smart city” called Konza Technopolis in the south of Nairobi. This government-led initiative—designed with McKinsey consultants—was supposed to help turn Kenya into a “middle-income country providing a high quality life to all its citizens by the year 2030.” The city was proposed to attract investors, create jobs at a mass scale, and use technology to manage the city effectively and efficiently. Its website identified Konza as the place where “Africa’s silicon savannah begins.” Years later, the dream remains unfulfilled. As Kenyan writer Carey Baraka’s has recently detailed, the plan has only reinforced existing inequalities as it caters mainly to international multinationals and the country’s wealthy elite.
One of the most important lessons to be derived from studying such efforts to import foreign technologies and innovation models is that they inevitably come with ideological baggage. Silicon Valley is not just a theoretical model for economic growth: it represents a whole way of life, carrying with it all kinds of implications for how people think about themselves, each other, and their place in the world. Venture capital pitching sessions prize what is most monetizable, what stands to deliver the greatest return on investment, and what offers the earliest exit opportunities. Breznitz is right to criticize this way of thinking, but similar worries arise about his own examples, which say little about environmental sustainability or maintaining the integrity of local communities. Neoliberal modes of private capital accumulation are not value neutral, and we must be sensitive to the way innovation models are situated in uneven structures of power, discourse, and resource distribution…(More)”.
Automating Decision-making in Migration Policy: A Navigation Guide
Report by Astrid Ziebarth and Jessica Bither: “Algorithmic-driven or automated decision-making models (ADM) and programs are increasingly used by public administrations to assist human decision-making processes in public policy—including migration and refugee policy. These systems are often presented as a neutral, technological fix to make policy and systems more efficient. However, migration policymakers and stakeholders often do not understand exactly how these systems operate. As a result, the implications of adopting ADM technology are still unclear, and sometimes not considered. In fact, automated decision-making systems are never neutral, nor is their employment inevitable. To make sense of their function and decide whether or how to use them in migration policy will require consideration of the specific context in which ADM systems are being employed.
Three concrete use cases at core nodes of migration policy in which automated decision-making is already either being developed or tested are examined: visa application processes, placement matching to improve integration outcomes, and forecasting models to assist for planning and preparedness related to human mobility or displacement. All cases raise the same categories of questions: from the data employed, to the motivation behind using a given system, to the action triggered by models. The nuances of each case demonstrate why it is crucial to understand these systems within a bigger socio-technological context and provide categories and questions that can help policymakers understand the most important implications of any new system, including both technical consideration (related to accuracy, data questions, or bias) as well as contextual questions (what are we optimizing for?).
Stakeholders working in the migration and refugee policy space must make more direct links to current discussions surrounding governance, regulation of AI, and digital rights more broadly. We suggest some first points of entry toward this goal. Specifically, for next steps stakeholders should:
- Bridge migration policy with developments in digital rights and tech regulation
- Adapt emerging policy tools on ADM to migration space
- Create new spaces for exchange between migration policymakers, tech regulators, technologists, and civil society
- Include discussion on the use of ADM systems in international migration fora
- Increase the number of technologists or bilinguals working in migration policy
- Link tech and migration policy to bigger questions of foreign policy and geopolitics…(More)”.