The Emergence of a Post-Fact World


Francis Fukuyama in Project Syndicate: “One of the more striking developments of 2016 and its highly unusual politics was the emergence of a “post-fact” world, in which virtually all authoritative information sources were called into question and challenged by contrary facts of dubious quality and provenance.

The emergence of the Internet and the World Wide Web in the 1990s was greeted as a moment of liberation and a boon for democracy worldwide. Information constitutes a form of power, and to the extent that information was becoming cheaper and more accessible, democratic publics would be able to participate in domains from which they had been hitherto excluded.

The development of social media in the early 2000s appeared to accelerate this trend, permitting the mass mobilization that fueled various democratic “color revolutions” around the world, from Ukraine to Burma (Myanmar) to Egypt. In a world of peer-to-peer communication, the old gatekeepers of information, largely seen to be oppressive authoritarian states, could now be bypassed.

While there was some truth to this positive narrative, another, darker one was also taking shape. Those old authoritarian forces were responding in dialectical fashion, learning to control the Internet, as in China, with its tens of thousands of censors, or, as in Russia, by recruiting legions of trolls and unleashing bots to flood social media with bad information. These trends all came together in a hugely visible way during 2016, in ways that bridged foreign and domestic politics….

The traditional remedy for bad information, according to freedom-of-information advocates, is simply to put out good information, which in a marketplace of ideas will rise to the top. This solution, unfortunately, works much less well in a social-media world of trolls and bots. There are estimates that as many as a third to a quarter of Twitter users fall into this category. The Internet was supposed to liberate us from gatekeepers; and, indeed, information now comes at us from all possible sources, all with equal credibility. There is no reason to think that good information will win out over bad information….

The inability to agree on the most basic facts is the direct product of an across-the-board assault on democratic institutions – in the US, in Britain, and around the world. And this is where the democracies are headed for trouble. In the US, there has in fact been real institutional decay, whereby powerful interest groups have been able to protect themselves through a system of unlimited campaign finance. The primary locus of this decay is Congress, and the bad behavior is for the most part as legal as it is widespread. So ordinary people are right to be upset.

And yet, the US election campaign has shifted the ground to a general belief that everything has been rigged or politicized, and that outright bribery is rampant. If the election authorities certify that your favored candidate is not the victor, or if the other candidate seemed to perform better in a debate, it must be the result of an elaborate conspiracy by the other side to corrupt the outcome. The belief in the corruptibility of all institutions leads to a dead end of universal distrust. American democracy, all democracy, will not survive a lack of belief in the possibility of impartial institutions; instead, partisan political combat will come to pervade every aspect of life….(More)”

The Signal Code


The Signal Code: “Humanitarian action adheres to the core humanitarian principles of impartiality, neutrality, independence, and humanity, as well as respect for international humanitarian and human rights law. These foundational principles are enshrined within core humanitarian doctrine, particularly the Red Cross/NGO Code of Conduct5 and the Humanitarian Charter.6 Together, these principles establish a duty of care for populations affected by the actions of humanitarian actors and impose adherence to a standard of reasonable care for those engaged in humanitarian action.

Engagement in HIAs, including the use of data and ICTs, must be consistent with these foundational principles and respect the human rights of crisis-affected people to be considered “humanitarian.” In addition to offering potential benefits to those affected by crisis, HIAs, including the use of ICTs, can cause harm to the safety, wellbeing, and the realization of the human rights of crisis-affected people. Absent a clear understanding of which rights apply to this context, the utilization of new technologies, and in particular experimental applications of these technologies, may be more likely to harm communities and violate the fundamental human rights of individuals.

The Signal Code is based on the application of the UDHR, the Nuremberg Code, the Geneva Convention, and other instruments of customary international law related to HIAs and the use of ICTs by crisis affected-populations and by humanitarians on their behalf. The fundamental human rights undergirding this Code are the rights to life, liberty, and security; the protection of privacy; freedom of expression; and the right to share in scientific advancement and its benefits as expressed in Articles 3, 12, 19, and 27 of the UDHR.7

The Signal Code asserts that all people have fundamental rights to access, transmit, and benefit from information as a basic humanitarian need; to be protected from harms that may result from the provision of information during crisis; to have a reasonable expectation of privacy and data security; to have agency over how their data is collected and used; and to seek redress and rectification when data pertaining to them causes harm or is inaccurate.

These rights are found to apply specifically to the access, collection, generation, processing, use, treatment, and transmission of information, including data, during humanitarian crises. These rights are also found herein to be interrelated and interdependent. To realize any of these rights individually requires realization of all of these rights in concert.

These rights are found to apply to all phases of the data lifecycle—before, during, and after the collection, processing, transmission, storage, or release of data. These rights are also found to be elastic, meaning that they apply to new technologies and scenarios that have not yet been identified or encountered by current practice and theory.

Data is, formally, a collection of symbols which function as a representation of information or knowledge. The term raw data is often used with two different meanings, the first being uncleaned data, that is, data that has been collected in an uncontrolled environment, and unprocessed data, which is collected data that has not been processed in such a way as to make it suitable for decision making. Colloquially, and in the humanitarian context, data is usually thought of solely in the machine readable or digital sense. For the purposes of the Signal Code, we use the term data to encompass information both in its analog and digital representations. Where it is necessary to address data solely in its digital representation, we refer to it as digital data.

No right herein may be used to abridge any other right. Nothing in this code may be interpreted as giving any state, group, or person the right to engage in any activity or perform any act that destroys the rights described herein.

The five human rights that exist specific to information and HIAs during humanitarian crises are the following:

The Right to Information
The Right to Protection
The Right to Data Security and Privacy
The Right to Data Agency
The Right to Redress and Rectification…(More)”

Crowdsourcing, Citizen Science, and Data-sharing


Sapien Labs: “The future of human neuroscience lies in crowdsourcing, citizen science and data sharing but it is not without its minefields.

A recent Scientific American article by Daniel Goodwin, “Why Neuroscience Needs Hackers,makes the case that neuroscience, like many fields today, is drowning in data, begging for application of advances in computer science like machine learning. Neuroscientists are able to gather realms of neural data, but often without big data mechanisms and frameworks to synthesize them.

The SA article describes the work of Sebastian Seung, a Princeton neuroscientist, who recently mapped the neural connections of the human retina from an “overwhelming mass” of electron microscopy data using state of the art A.I. and massive crowd-sourcing. Seung incorporated the A.I. into a game called “Eyewire” where 1,000s of volunteers scored points while improving the neural map.   Although the article’s title emphasizes advanced A.I., Dr. Seung’s experiment points even more to crowdsourcing and open science, avenues for improving research that have suddenly become easy and powerful with today’s internet. Eyewire perhaps epitomizes successful crowdsourcing — using an application that gathers, represents, and analyzes data uniformly according to researchers’ needs.

Crowdsourcing is seductive in its potential but risky for those who aren’t sure how to control it to get what they want. For researchers who don’t want to become hackers themselves, trying to turn the diversity of data produced by a crowd into conclusive results might seem too much of a headache to make it worthwhile. This is probably why the SA article title says we need hackers. The crowd is there but using it depends on innovative software engineering. A lot of researchers could really use software designed to flexibly support a diversity of crowdsourcing, some AI to enable things like crowd validation and big data tools.

The Potential

The SA article also points to Open BCI (brain-computer interface), mentioned here in other posts, as an example of how traditional divisions between institutional and amateur (or “citizen”) science are now crumbling; Open BCI is a community of professional and citizen scientists doing principled research with cheap, portable EEG-headsets producing professional research quality data. In communities of “neuro-hackers,” like NeurotechX, professional researchers, entrepreneurs, and citizen scientists are coming together to develop all kinds of applications, such as “telepathic” machine control, prostheses, and art. Other companies, like Neurosky sell EEG headsets and biosensors for bio-/neuro-feedback training and health-monitoring at consumer affordable pricing. (Read more in Citizen Science and EEG)

Tan Le, whose company Emotiv Lifesciences, also produces portable EEG head-sets, says, in an article in National Geographic, that neuroscience needs “as much data as possible on as many brains as possible” to advance diagnosis of conditions such as epilepsy and Alzheimer’s. Human neuroscience studies have typically consisted of 20 to 50 participants, an incredibly small sampling of a 7 billion strong humanity. For a single lab to collect larger datasets is difficult but with diverse populations across the planet real understanding may require data not even from thousands of brains but millions. With cheap mobile EEG-headsets, open-source software, and online collaboration, the potential for anyone can participate in such data collection is immense; the potential for crowdsourcing unprecedented. There are, however, significant hurdles to overcome….(More)”

Towards a sociology of institutional transparency: openness, deception, and the problem of public trust


S. Moore in Sociology: “Transparency has become the watchword of twenty-first century liberal democracies. It refers to a project of ‘opening up’ the state by providing online access to public sector data. This article puts forward a sociological critique of the transparency agenda and the purported relationship between institutional openness and public trust. Drawing upon Simmel’s (1906) work, the article argues that open government initiatives routinely prize visibility over intelligibility and ignore the communicative basis of trust. The result is a non-reciprocal form of openness that obscures more than it reveals. In making this point, the article suggests that transparency embodies the ethos of a now-discredited mode of ‘instrumental politics’, reliant on the idea that the state constitutes a ‘domain of plain public facts’ (Ezrahi, 2004: 106). The article examines how alternative mechanisms for achieving government openness might better respond to the distinctive needs of citizens living in late modern societies….(More)”.

Notable Privacy and Security Books from 2016


Daniel J. Solove at Technology, Academics, Policy: “Here are some notable books on privacy and security from 2016….

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy

From my blurb: “Chris Hoofnagle has written the definitive book about the FTC’s involvement in privacy and security. This is a deep, thorough, erudite, clear, and insightful work – one of the very best books on privacy and security.”

My interview with Hoofnagle about his book: The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

My further thoughts on the book in my interview post above: “This is a book that all privacy and cybersecurity lawyers should have on their shelves. The book is the most comprehensive scholarly discussion of the FTC’s activities in these areas, and it also delves deep in the FTC’s history and activities in other areas to provide much-needed context to understand how it functions and reasons in privacy and security cases. There is simply no better resource on the FTC and privacy. This is a great book and a must-read. It is filled with countless fascinating things that will surprise you about the FTC, which has quite a rich and storied history. And it is an accessible and lively read too – Chris really makes the issues come alive.”

Gary T. Marx, Windows into the Soul: Surveillance and Society in an Age of High Technology

From Peter Grabosky: “The first word that came to mind while reading this book was cornucopia. After decades of research on surveillance, Gary Marx has delivered an abundant harvest indeed. The book is much more than a straightforward treatise. It borders on the encyclopedic, and is literally overflowing with ideas, observations, and analyses. Windows into the Soul commands the attention of anyone interested in surveillance, past, present, and future. The book’s website contains a rich abundance of complementary material. An additional chapter consists of an intellectual autobiography discussing the author’s interest in, and personal experience with, surveillance over the course of his career. Because of its extraordinary breadth, the book should appeal to a wide readership…. it will be of interest to scholars of deviance and social control, cultural studies, criminal justice and criminology. But the book should be read well beyond the towers of academe. The security industry, broadly defined to include private security and intelligence companies as well as state law enforcement and intelligence agencies, would benefit from the book’s insights. So too should it be read by those in the information technology industries, including the manufacturers of the devices and applications which are central to contemporary surveillance, and which are shaping our future.”

Susan C. Lawrence, Privacy and the Past: Research, Law, Archives, Ethics

From the book blurb: “When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work.”

Ronald J. Krotoszynski, Privacy Revisited: A Global Perspective on the Right to Be Left Alone

From Mark Tushnet: “Professor Krotoszynski provides a valuable overview of how several constitutional systems accommodate competing interests in privacy, speech, and democracy. He shows how scholarship in comparative law can help one think about one’s own legal system while remaining sensitive to the different cultural and institutional settings of each nation’s law. A very useful contribution.”

Laura K. Donohue, The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age

Gordon Corera, Cyberspies: The Secret History of Surveillance, Hacking, and Digital Espionage

J. Macgregor Wise, Surveillance and Film…(More; See also Nonfiction Privacy + Security Books).

Results of early Open Government Partnership initiatives


The Open Government Partnership: “The search for these stories ended with finding seven very different reform initiatives in different regions and covering a broad range of open government topics.

In Costa Rica, we learn about how the government is using its participation in OGP to restart a process halted for 23 years to create a consultation mechanism that will allow indigenous groups to participate in all policy making decisions that affect them, and the results of the dialogue leading to an improvement in the delivery of public services.

The Chilean story documents how a 10-year campaign to regulate influence peddling was given a boost by an explicit commitment included in the first Chilean action plan to introduce legislation to regulate lobbying – a commitment since fulfilled. The resulting Lobbying Act sheds new light on the relationship between officials and influence groups and is beginning to democratize access to authorities.

Italy’s OpenCoesione and its spin-off initiatives show how top-down open data initiatives on public spending can be combined with bottom-up, data-driven monitoring to promote accountability and public participation in the policy-making process, including promoting civic engagement amongst school students.

The Tanzanian case study tells the story of how the “How Do I?” – or “Nifanyeje?” – website is making information on basic public services available to citizens and cutting down transaction times and costs, but it also highlights the need to still reach the last mile in a country where Internet penetration remains low.

Indonesia’s initiative to create a One Map portal with official base maps for the country, part of a much larger initiative of synchronizing various maps for the country that when completed could help resolve land-related conflicts and address illegal deforestation, shows technical progress and some improvements in inter-agency cooperation.

In Macedonia, we learn how opening up data on air quality has acted as an engine for civic activism and about short and medium-term policy options being implemented and explored by the relevant authorities as a result.

Finally, the case from Israel shows how collaboration between civil society and champions within the Parliament is helping make data on the state budget accessible to citizens, journalists, and the parliamentarians themselves.

Each story demonstrates measurable progress and the added value of the collaboration between government and civil society that is at the very heart of OGP. The stories also show the immense importance of political will, bureaucratic buy-in, adequate resourcing, and demand-side calls for accountability in ensuring that the reforms take root and continue into the future, so that their impact can be felt by a broader range of citizens. In that sense, the last chapter for each story is still to be written. In a majority of the cases, these commitments’ inclusion in the OGP National Action Plans gave prominence and momentum to the envisioned reforms, helping them along. We hope to be able to continue to track these reforms in the years to come….(More)”.

The melting down of government: A multidecade perspective


Bert A. Rockman in the Special 30th Anniversary Issue of Governance: “The editors of Governance have asked me to assess the extent and nature of change in the governing process since the origins of the journal 30 years ago. This is an engaging task but a difficult one. It is difficult because trend lines rarely have a definitive beginning point—or at least if similar tendencies are seen across national boundaries, they rarely begin at the same time. It is also difficult because states and nations have different traditions and may be more or less willing to accept lessons from elsewhere. As well, national entities and even regional ones may react differently to similar problems. Old Europe, as Donald Rumsfeld the former U.S. Defense Secretary once disparagingly referred to the more democratically stable and prosperous countries of Western Europe, still seems more likely to adhere to globalization, freedom of movement across national borders, and at least some tolerance of immigration than has been the case in the Eastern and Central parts of the continent or, for that matter, in the United States.

Because it is so difficult to see uniformities across all states, I shall concentrate my attention on the case of the United States with which I am most familiar while recognizing that all developed states have been facing challenges to their industrial base and all have been facing complicated problems of labor displacement through technology and absorption of immigrant populations in the midst of diminished economic growth and modest recovery from the financial crisis of 2008. To put it simply, there have been greater challenges and fewer financial and political resources.

I see four very different tendencies at work in the process of governing and the limitations that they may impose on government. Thinking of these in terms of a series of concentric circles and moving in succession from those with the broadest radius (sociopolitical) to those with the narrowest (machinery and fiscal capabilities of government), I will characterize them accordingly as (a) the confidence in government problem; (b) the frozen political alignment problem—or as it is known in the United States, political polarization; (c) the cult of efficiency in government and also private enterprise, which has resulted in substantial outsourcing and privatization; and (d) public austerity that, among other things, has altered the balance of power between governmental authority and powerful business and nonprofit organizations. I cannot be certain that these elements interact with one another. How they do and if they do is a matter for some further endeavor….(More)”

Developing transparency through digital means? Examining institutional responses to civic technology in Latin America


Rebecca Rumbul at Journal of eDemocracy and Open Government: A number of NGOs across the world currently develop digital tools to increase citizen interaction with official information. The successful operation of such tools depends on the expertise and efficiency of the NGO, and the willingness of institutions to disclose suitable information and data. It is this institutional interaction with civic technology that this study  examines. The research explores empirical interview data gathered from government officials, public servants, campaigners and NGO’s involved in the development and implementation of civic technologies in Chile, Argentina and Mexico. The findings identify the impact these technologies have had upon government bureaucracy, and the existing barriers to openness created by institutionalised behaviours and norms. Institutionalised attitudes to information rights and conventions are shown to inform the approach that government bureaucracy takes in the provision of information, and institutionalised procedural behaviour is shown to be a factor in frustrating NGOs attempting to implement civic technology….(More)”.

Making Citizen-Generated Data Work


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Danny Lämmerhirt at Open Knowledge: “We are pleased to announce a new research series investigating how citizens and civil society create data to drive sustainable development. The series follows on from earlier papers on Democratising The Data Revolution and how citizen-generated data can change what public institutions measure. The first report “Making Citizen-Generated Data Work” asks what makes citizens and others want to produce and use citizen-generated data. It was written by myself, Shazade Jameson, and Eko Prasetyo.

“The goal of Citizen-Generated Data is to monitor, advocate for, or drive change around an issue important to citizens”

The report demonstrates that citizen-generated data projects are rarely the work of individual citizens. Instead, they often depend on partnerships to thrive and are supported by civil society organisations, community-based organisations, governments, or business. These partners play a necessary role to provide resources, support, and knowledge to citizens. In return, they can harness data created by citizens to support their own mission. Thus, citizens and their partners often gain mutual benefits from citizen-generated data.

But if CGD projects rely on partnerships, who has to be engaged, and through which incentives, to enable CGD projects to achieve their goals? How are such multi-stakeholder projects organised, and which resources and expertise do partners bring into a project? What can other projects do to support and benefit their own citizen-generated data initiatives? This report offers recommendations to citizens, civil society organisations, policy-makers, donors, and others on how to foster stronger collaborations….(Read the full report here).

How Does Civil Society Use Budget Information? Mapping Fiscal Transparency Gaps and Needs in Developing Countries


Paolo de Renzio and Massimo Mastruzzi at International Budget Partnership (IBP): “Governments sometimes complain that the budget information they make publicly available is seldom accessed and utilized. On the other hand, civil society organizations (CSOs) often claim that the information governments make available is very difficult to understand and not detailed enough to allow for meaningful analysis and advocacy. Is there a mismatch between the budget information supplied by governments and demand among civil society?

This paper examines the “demand side” of fiscal transparency using findings from a global survey of 176 individuals working in civil society that use budget information for analysis and advocacy activities. Based on the responses, the authors identify a “fiscal transparency effectiveness gap” between the fiscal information that governments often provide and the information that CSOs need.

These findings are used to develop a set of recommendations to help governments ensure their transparency practices deliver increased citizen engagement, improved oversight, and enhanced accountability….(More)”