Book by Benjamin van Rooij and Adam Fine: “Why do most Americans wear seatbelts but continue to speed even though speeding fines are higher? Why could park rangers reduce theft by removing “no stealing” signs? Why was a man who stole 3 golf clubs sentenced to 25 years in prison?
Some laws radically change behavior whereas others are consistently ignored and routinely broken. And yet we keep relying on harsh punishment against crime despite its continued failure.
Professors Benjamin van Rooij and Adam Fine draw on decades of research to uncover the behavioral code: the root causes and hidden forces that drive human behavior and our responses to society’s laws. In doing so, they present the first accessible analysis of behavioral jurisprudence, which will fundamentally alter how we understand the connection between law and human behavior.
The Behavioral Code offers a necessary and different approach to battling crime and injustice that is based in understanding the science of human misconduct—rather than relying on our instinctual drive to punish as a way to shape behavior. The book reveals the behavioral code’s hidden role through illustrative examples like:
• The illusion of the US’s beloved tax refund
• German walls that “pee back” at public urinators
• The $1,000 monthly “good behavior” reward that reduced gun violence
• Uber’s backdoor “Greyball” app that helped the company evade Seattle’s taxi regulators
• A $2.3 billion legal settlement against Pfizer that revealed how whistleblower protections fail to reduce corporate malfeasance
• A toxic organizational culture playing a core role in Volkswagen’s emissions cheating scandal
• How Peter Thiel helped Hulk Hogan sue Gawker into oblivion…(More)”.
Effective and Trustworthy Implementation of AI Soft Law Governance
Introduction by Carlos Ignacio Gutierrez, Gary E. Marchant and Katina Michael: “This double special issue (together with the IEEE Technology and Society Magazine, Dec 2021) is dedicated to examining the governance of artificial intelligence (AI) through soft law. This kind of law is considered “soft” as opposed to “hard” because it comes in the form of governance programs whose goal is to create substantive expectations that are not directly enforceable by government [1], [2]. Soft law materializes out of necessity to enable a technological innovation to thrive and not be hampered by disparate heterogeneous practices that may negatively impact its trajectory, causing a premature “valley of death” exit scenario [3]. Soft laws are meant to be “just in time” to grant industry fundamental guidance when dealing with complex socio-technical assemblages that may have significant socio-legal implications upon diffusion into the market. Anticipatory governance is closely connected with soft law, in that intended and unintended consequences of a new technology may well be anticipated and proactively addressed [4].
Soft law’s role in governance is to influence the implementation of new technologies whose inception into society have outpaced hard law. Its usage is not meant to diminish the need for regulations, but rather be considered an interim solution when the roll-out of a new technology is happening rapidly, resisting the urge to create reactive and premature laws that may well take too long to enter legislation in a given state. Mutual agreement and conformance toward common goals and technical protocols through soft law among industry representatives, associated government agencies, auxiliary service providers, and other stakeholders, can lead to positive gains. Including the potential for societal acceptance of a new technology, especially where there are adequate provisions to safeguard the customer and the general public…(More)”.
Shared Measures: Collective Performance Data Use in Collaborations
Paper by Alexander Kroll: “Traditionally, performance metrics and data have been used to hold organizations accountable. But public service provision is not merely hierarchical anymore. Increasingly, we see partnerships among government agencies, private or nonprofit organizations, and civil society groups. Such collaborations may also use goals, measures, and data to manage group efforts, however, the application of performance practices here will likely follow a different logic. This Element introduces the concepts of “shared measures” and “collective data use” to add collaborative, relational elements to existing performance management theory. It draws on a case study of collaboratives in North Carolina that were established to develop community responses to the opioid epidemic. To explain the use of shared performance measures and data within these collaboratives, this Element studies the role of factors such as group composition, participatory structures, social relationships, distributed leadership, group culture, and value congruence…(More)”.
Metrics at Work: Journalism and the Contested Meaning of Algorithms
Book by Angèle Christin: “When the news moved online, journalists suddenly learned what their audiences actually liked, through algorithmic technologies that scrutinize web traffic and activity. Has this advent of audience metrics changed journalists’ work practices and professional identities? In Metrics at Work, Angèle Christin documents the ways that journalists grapple with audience data in the form of clicks, and analyzes how new forms of clickbait journalism travel across national borders.
Drawing on four years of fieldwork in web newsrooms in the United States and France, including more than one hundred interviews with journalists, Christin reveals many similarities among the media groups examined—their editorial goals, technological tools, and even office furniture. Yet she uncovers crucial and paradoxical differences in how American and French journalists understand audience analytics and how these affect the news produced in each country. American journalists routinely disregard traffic numbers and primarily rely on the opinion of their peers to define journalistic quality. Meanwhile, French journalists fixate on internet traffic and view these numbers as a sign of their resonance in the public sphere. Christin offers cultural and historical explanations for these disparities, arguing that distinct journalistic traditions structure how journalists make sense of digital measurements in the two countries.
Contrary to the popular belief that analytics and algorithms are globally homogenizing forces, Metrics at Work shows that computational technologies can have surprisingly divergent ramifications for work and organizations worldwide…(More)”.
Data saves lives: reshaping health and social care with data
UK Department of Health and Social Care: “In England and in every community around the world, digital developments have been essential to the pandemic response. People have accessed advice and care remotely in unprecedented numbers, helping keep them and their families safe. World class genomics helped identify and track new variants. Daily analysis allowed problems to be understood rapidly, and resources redeployed. Staff worked remotely. And the COVID-19 vaccination service was mobilised in record time.
Such an efficient and effective response was only possible because of investment in digital systems, innovation and skills over the last few years, and the partnerships forged between digital, clinical and operational colleagues.
The opportunity now is for the health and care sector to apply such approaches with increased urgency and consistency to both our long-term challenges and to the immediate tasks of rebuilding from the pandemic. We have a responsibility to do both.
The Digital Transformation Plan sets out the overarching vision for how we will digitise, connect and transform the health and care sector. This data strategy explains in more detail the role that data will play in that transformation and how it can inspire effective collaboration across the NHS, adult social care, and public health, help us care for people in the best possible way, and ensuring that our citizens have the best experience possible when using the system.
There are 3 key priorities which underpin this strategy:
- first to build understanding on how data is used and the potential for data-driven innovation, improving transparency so the public has control over how we are using their data
- second to make appropriate data sharing the norm and not the exception across health, adult social care and public health, to provide the best care possible to the citizens we serve, and to support staff throughout the health and care system
- third to build the right foundations – technical, legal, regulatory – to make that possible…(More)”.
A 680,000-person megastudy of nudges to encourage vaccination in pharmacies
Paper by Katherine L. Milkman et al: “Encouraging vaccination is a pressing policy problem. To assess whether text-based reminders can encourage pharmacy vaccination and what kinds of messages work best, we conducted a megastudy. We randomly assigned 689,693 Walmart pharmacy patients to receive one of 22 different text reminders using a variety of different behavioral science principles to nudge flu vaccination or to a business-as-usual control condition that received no messages. We found that the reminder texts that we tested increased pharmacy vaccination rates by an average of 2.0 percentage points, or 6.8%, over a 3-mo follow-up period. The most-effective messages reminded patients that a flu shot was waiting for them and delivered reminders on multiple days. The top-performing intervention included two texts delivered 3 d apart and communicated to patients that a vaccine was “waiting for you.” Neither experts nor lay people anticipated that this would be the best-performing treatment, underscoring the value of simultaneously testing many different nudges in a highly powered megastudy….(More)”.
Society won’t trust A.I. until business earns that trust
Article by François Candelon, Rodolphe Charme di Carlo and Steven D. Mills: “…The concept of a social license—which was born when the mining industry, and other resource extractors, faced opposition to projects worldwide—differs from the other rules governing A.I.’s use. Academics such as Leeora Black and John Morrison, in the book The Social License: How to Keep Your Organization Legitimate,define the social license as “the negotiation of equitable impacts and benefits in relation to its stakeholders over the near and longer term. It can range from the informal, such as an implicit contract, to the formal, like a community benefit agreement.”
The social license isn’t a document like a government permit; it’s a form of acceptance that companies must gain through consistent and trustworthy behavior as well as stakeholder interactions. Thus, a social license for A.I. will be a socially constructed perception that a company has secured the right to use the technology for specific purposes in the markets in which it operates.
Companies cannot award themselves social licenses; they will have to win them by proving they can be trusted. As Morrison argued in 2014, akin to the capability to dig a mine, the fact that an A.I.-powered solution is technologically feasible doesn’t mean that society will find its use morally and ethically acceptable. And losing the social license will have dire consequences, as natural resource companies, such as Shell and BP, have learned in the past…(More)”
Still Muted: The Limited Participatory Democracy of Zoom Public Meetings
Paper by Katherine Levine Einstein: “Recent research has demonstrated that participants in public meetings are unrepresentative of their broader communities. Some suggest that reducing barriers to meeting attendance can improve participation, while others believe doing so will produce minimal changes. The COVID-19 pandemic shifted public meetings online, potentially reducing the time costs associated with participating. We match participants at online public meetings with administrative data to learn whether: (1) online participants are representative of their broader communities and (2) representativeness improves relative to in-person meetings. We find that participants in online forums are quite similar to those in in-person ones. They are similarly unrepresentative of residents in their broader communities and similarly overwhelmingly opposed to the construction of new housing. These results suggest important limitations to public meeting reform. Future research should continue to unpack whether reforms might prove more effective at redressing inequalities in an improved economic and public health context…(More)”.
Open Data Governance and Its Actors: Theory and Practice
Book by Maxat Kassen: “This book combines theoretical and practical knowledge about key actors and driving forces that help to initiate and advance open data governance. Using Finland and Sweden as case studies, it sheds light on the roles of key actors in the open data movement, enabling researchers to understand the key operational elements of data-driven governance. It also examines the most salient manifestations of related networking activities, the motivations of stakeholders, and the political and socioeconomic readiness of the public, private and civic sectors to advance such policies. The book will appeal to e-government experts, policymakers and political scientists, as well as academics and students of public administration, public policy, and open data governance…(More)”.
Data Federalism
Article by Bridget A. Fahey: “Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone. In the public sector, the federal government, states, and cities gather data no less intimate and on a scale no less profound. And our governments have realized what corporations have: It is often easier to obtain data about their constituents from one another than to collect it directly. As in the private sector, these exchanges have multiplied the data available to every level of government for a wide range of purposes, complicated data governance, and created a new source of power, leverage, and currency between governments.
This Article provides an account of this vast and rapidly expanding intergovernmental marketplace in individual data. In areas ranging from policing and national security to immigration and public benefits to election management and public health, our governments exchange data both by engaging in individual transactions and by establishing “data pools” to aggregate the information they each have and diffuse access across governments. Understanding the breadth of this distinctly modern practice of data federalism has descriptive, doctrinal, and normative implications.
In contrast to conventional cooperative federalism programs, Congress has largely declined to structure and regulate intergovernmental data exchange. And in Congress’s absence, our governments have developed unorthodox cross-governmental administrative institutions to manage data flows and oversee data pools, and these sprawling, unwieldy institutions are as important as the usual cooperative initiatives to which federalism scholarship typically attends.
Data exchanges can also go wrong, and courts are not prepared to navigate the ways that data is both at risk of being commandeered and ripe for use as coercive leverage. I argue that these constitutional doctrines can and should be adapted to police the exchange of data. I finally place data federalism in normative frame and argue that data is a form of governmental power so unlike the paradigmatic ones our federalism is believed to distribute that it has the potential to unsettle federalism in both function and theory…(More)”.