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
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
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)”
Global Standards in National Contexts: The Role of Transnational Multi-Stakeholder Initiatives in Public Sector Governance Reform
Paper by Brandon Brockmyer: “Multi-stakeholder initiatives (i.e., partnerships between governments, civil society, and the private sector) are an increasingly prevalent strategy promoted by multilateral, bilateral, and nongovernmental development organizations for addressing weaknesses in public sector governance. Global public sector governance MSIs seek to make national governments more transparent and accountable by setting shared standards for information disclosure and multi- stakeholder collaboration. However, research on similar interventions implemented at the national or subnational level suggests that the effectiveness of these initiatives is likely to be mediated by a variety of socio-political factors.
This dissertation examines the transnational evidence base for three global public sector governance MSIs — the Extractive Industries Transparency Initiative, the Construction Sector Transparency Initiative, and the Open Government Partnership — and investigates their implementation within and across three shared national contexts — Guatemala, the Philippines, and Tanzania — in order to determine whether and how these initiatives lead to improvements in proactive transparency (i.e., discretionary release of government data), demand-driven transparency (i.e., reforms that increase access to government information upon request), and accountability (i.e., the extent to which government officials are compelled to publicly explain their actions and/or face penalties or sanction for them), as well as the extent to which they provide participating governments with an opportunity to project a public image of transparency and accountability, while maintaining questionable practices in these areas (i.e., openwashing).
The evidence suggests that global public sector governance MSIs often facilitate gains in proactive transparency by national governments, but that improvements in demand-driven transparency and accountability remain relatively rare. Qualitative comparative analysis reveals that a combination of multi-stakeholder power sharing and civil society capacity is sufficient to drive improvements in proactive transparency, while the absence of visible, high-level political support is sufficient to impede such reforms. The lack of demand-driven transparency or accountability gains suggests that national-level coalitions forged by global MSIs are often too narrow to successfully advocate for broader improvements to public sector governance. Moreover, evidence for openwashing was found in one-third of cases, suggesting that national governments sometimes use global MSIs to deliberately mislead international observers and domestic stakeholders about their commitment to reform….(More)”
New Tech Helps Tenants Make Their Case in Court
Corinne Ramey at the Wall Street Journal: “Tenants and their advocates are using new technology to document a lack of heat in apartment buildings, a condition they say has been difficult to prove in housing-court cases.
Small sensors provided by the New York City-based nonprofit Heat Seek, now installed in some city apartments, measure temperatures and transmit the data to a server. Tenant advocates say the data buttress their contention that some landlords withhold heat as a way to oust rent-regulated tenants.
“It’s really exciting to be able to track this information and hopefully get the courts to accept it, so we can show what everybody knows to be true,” said Sunny Noh, a supervising attorney at the Legal Aid Society’s Tenant Rights Coalition, which filed a civil suit using Heat Seek’s data.
…The smaller device, called a cell, transmits hourly temperature readings to the larger device, called a hub, through a radio signal. The hub is equipped with a small modem, which it uses to send data to a web server. The nonprofit typically places a hub in each building and the cells inside individual apartments.
Last winter, Heat Seek’s data were used in eight court cases representing a total of about 20 buildings, all of which were settled, Ms. Francois said. Currently, the sensors are in about six buildings and she anticipates about 50 buildings will have them by the end of the winter.
Data from Heat Seek haven’t been admitted at a trial yet, said Ms. Noh, the Legal Aid lawyer.
The nonprofit, with help from housing lawyers, has chosen to focus on gentrifying neighborhoods because they expect landlords there have more incentives to force out rent-regulated tenants….(More)
Artificial Intelligence Could Help Colleges Better Plan What Courses They Should Offer
Jeffrey R. Young at EdSsurge: Big data could help community colleges better predict how industries are changing so they can tailor their IT courses and other programs. After all, if Amazon can forecast what consumers will buy and prestock items in their warehouses to meet the expected demand, why can’t colleges do the same thing when planning their curricula, using predictive analytics to make sure new degree or certificates programs are started just in time for expanding job opportunities?
That’s the argument made by Gordon Freedman, president of the nonprofit National Laboratory for Education Transformation. He’s part of a new center that will do just that, by building a data warehouse that brings together up-to-date information on what skills employers need and what colleges currently offer—and then applying artificial intelligence to attempt to predict when sectors or certain employment needs might be expanding.
He calls the approach “opportunity engineering,” and the center boasts some heavy-hitting players to assist in the efforts, including the University of Chicago, the San Diego Supercomputing Center and Argonne National Laboratory. It’s called the National Center for Opportunity Engineering & Analysis.
Ian Roark, vice president of workforce development at Pima Community College in Arizona, is among those eager for this kind of “opportunity engineering” to emerge.
He explains when colleges want to start new programs, they face a long haul—it takes time to develop a new curriculum, put it through an internal review, and then send it through an accreditor….
Other players are already trying to translate the job market into a giant data set to spot trends. LinkedIn sits on one of the biggest troves of data, with hundreds of millions of job profiles, and ambitions to create what it calls the “economic graph” of the economy. But not everyone is on LinkedIn, which attracts mainly those in white-collar jobs. And companies such as Burning Glass Technologies have scanned hundreds of thousands of job listings and attempt to provide real-time intelligence on what employers say they’re looking for. Those still don’t paint the full picture, Freedman argues, such as what jobs are forming at companies.
“We need better information from the employer, better information from the job seeker and better information from the college, and that’s what we’re going after,” Freedman says…(More)”.