Nudge and the European Union


Chapter by Alberto Alemanno: “Europe has largely been absent from the US-dominated debate surrounding the introduction of nudge-type interventions in policy-making. Yet the European Union and some of its Member States are exploring the possibility of informing their policy action with behavioural insights. While a great deal of academic attention is currently been paid to the philosophical, ethical and other abstract implications of behavioural-informed regulation, such as those concerning autonomy, dignity and moral development, this chapter charts and systematizes the incipient European Nudge discourse.

Besides a few isolated initiatives displaying some behavioural considerations (e.g. consumer rights, revised tobacco products directive, sporadic behavioural remedies in competition law), the EU – similarly to its own Member States – has not yet shown a general commitment to systematically integrate behavioural insights into policy-making. Given the potential of this innovative regulatory approach to attain effective, low-cost and choice-preserving policies, such a stance seems surprising, especially when measured against growing citizen mistrust towards EU policy action. At a time in which some EU countries are calling for a repatriation of powers and the European Commission promises to redefine – in the framework of its Better Regulation agenda – the relationships between the Union and its citizens, nudging might provide a promising way forward. In the aftermath of the Brexit vote, this promise has not only been shared by the 27 remaining Member State but also represents one of their major priorities . Yet with promises come challenges too.

The chapter proceeds as follows. Section 2 sets the scene by discussing the growing appeal of nudging among policymakers within and across Europe. Section 3 introduces the notion of behavioural policymaking and contrasts it with that of nudging. Section 4 describes the early and rather timid attempts at integrating behavioural insights into EU policymaking and identifies some domestic experiences. Section 5 discusses the institutional and methodological efforts undertaken by the EU and some of its member states to embrace behavioural policymaking. In turn, section 6 discusses the major difficulties of integrating behavioural insights into EU policymaking and offers some concluding remarks….(More)”

News as Surveillance


Paper by Erin Carroll: “As inhabitants of the Information Age, we are increasingly aware of the amount and kind of data that technology platforms collect on us. Far less publicized, however, is how much data news organizations collect on us as we read the news online and how they allow third parties to collect that personal data as well. A handful of studies by computer scientists reveal that, as a group, news websites are among the Internet’s worst offenders when it comes to tracking their visitors.

On the one hand, this surveillance is unsurprising. It is capitalism at work. The press’s business model has long been advertising-based. Yet, today this business model raises particular First Amendment concerns. The press, a named beneficiary of the First Amendment and a First Amendment institution, is gathering user reading history. This is a violation of what legal scholars call “intellectual privacy”—a right foundational to our First Amendment free speech rights.

And because of the perpetrator, this surveillance has the potential to cause far-reaching harms. Not only does it injure the individual reader or citizen, it injures society. News consumption helps each of us engage in the democratic process. It is, in fact, practically a prerequisite to our participation. Moreover, for an institution whose success is dependent on its readers’ trust, one that checks abuses of power, this surveillance seems like a special brand of betrayal.

Rather than an attack on journalists or journalism, this Essay is an attack on a particular press business model. It is also a call to grapple with it before the press faces greater public backlash. Originally given as the keynote for the Washburn Law Journal’s symposium, The Future of Cyber Speech, Media, and Privacy, this Essay argues for transforming and diversifying press business models and offers up other suggestions for minimizing the use of news as surveillance…(More)”.

Change of heart: how algorithms could revolutionise organ donations


Tej Kohli at TheNewEconomy: “Artificial intelligence (AI) and biotechnology are both on an exponential growth trajectory, with the potential to improve how we experience our lives and even to extend life itself. But few have considered how these two frontier technologies could be brought together symbiotically to tackle global health and environmental challenges…

For example, combination technologies could tackle a global health issue such as organ donation. According to the World Health Organisation, an average of around 100,800 solid organ transplants were performed each year as of 2008. Yet, in the US, there are nearly 113,000 people waiting for a life-saving organ transplant, while thousands of good organs are discarded each year. For years, those in need of a kidney transplant had limited options: they either had to find a willing and biologically viable living donor, or wait for a viable deceased donor to show up in their local hospital.

But with enough patients and willing donors, big data and AI make it possible to facilitate far more matches than this one-to-one system allows, through a system of paired kidney donation. Patients can now procure a donor who is not a biological fit and still receive a kidney, because AI can match donors to recipients across a massive array of patient-donor relationships. In fact, a single person who steps forward to donate a kidney – to a loved one or even to a stranger – can set off a domino effect that saves dozens of lives by resolving the missing link in a long chain of pairings….

The moral and ethical implications of today’s frontier technologies are far-reaching. Fundamental questions have not been adequately addressed. How will algorithms weigh the needs of poor and wealthy patients? Should a donor organ be sent to a distant patient – potentially one in a different country – with a low rejection risk or to a nearby patient whose rejection risk is only slightly higher?

These are important questions, but I believe we should get combination technologies up and working, and then decide on the appropriate controls. The matching power of AI means that eight lives could be saved by just one deceased organ donor; innovations in biotechnology could ensure that organs are never wasted. The faster these technologies advance, the more lives we can save…(More)”.

Imagining the Next Decade of Behavioral Science


Evan Nesterak at the Behavioral Scientist: “If you asked Richard Thaler in 2010, what he thought would become of the then very new field of behavioral science over the next decade, he would have been wrong, at least for the most part. Could he have predicted the expansion of behavioral economics research? Probably. The Nobel Prize? Maybe. The nearly 300 and counting behavioral teams in governments, businesses, and other organizations around the world? Not a chance. 

When we asked him a year and a half ago to sum up the 10 years since the publication of Nudgehe replied “Am I too old to just say OMG? … [Cass Sunstein and I] would never have anticipated one “nudge unit” much less 200….Every once in a while, one of us will send the other an email that amounts to just ‘wow.’”

As we closed last year (and the last decade), we put out a call to help us imagine the next decade of behavioral science. We asked you to share your hopes and fears, predictions and warnings, open questions and big ideas. 

We received over 120 submissions from behavioral scientists around the world. We picked the most thought-provoking submissions and curated them below.

We’ve organized the responses into three sections. The first section, Promises and Pitfalls, houses the responses about the field as whole—its identity, purpose, values. In that section, you’ll find authors challenging the field to be bolder. You’ll also find ideas to unite the field, which in its growth has felt for some like the “Wild West.” Ethical concerns are also top of mind. “Behavioral science has confronted ethical dilemmas before … but never before has the essence of the field been so squarely in the wheelhouse of corporate interests,” writes Phillip Goff.

In the second section, we’ve placed the ideas about specific domains. This includes “Technology: Nightmare or New Norm,” where Tania Ramos considers the possibility of a behaviorally optimized tech dystopia. In “The Future of Work,” Lazslo Bock imagines that well-timed, intelligent nudges will foster healthier company cultures, and Jon Jachomiwcz emphasizes the importance of passion in an economy increasingly dominated by A.I. In “Climate Change: Targeting Individuals and Systems” behavioral scientists grapple with how the field can pull its weight in this existential fight. You’ll also find sections on building better governments, health care at the digital frontier and final mile, and the next steps for education. 

The third and final section gets the most specific of all. Here you’ll find commentary on the opportunities (and obligations) for research and application. For instance, George Lowenstein suggests we pay more attention to attention—an increasingly scarce resource. Others, on the application side, ponder how behavioral science will influence the design of our neighborhoods and wonder what it will take to bring behavioral science into the courtroom. The section closes with ideas on the future of intervention design and ways we can continue to master our methods….(More)”.

How does participating in a deliberative citizens panel on healthcare priority setting influence the views of participants?


Paper by Vivian Reckers-Droog et al: “A deliberative citizens panel was held to obtain insight into criteria considered relevant for healthcare priority setting in the Netherlands. Our aim was to examine whether and how panel participation influenced participants’ views on this topic. Participants (n = 24) deliberated on eight reimbursement cases in September and October, 2017. Using Q methodology, we identified three distinct viewpoints before (T0) and after (T1) panel participation. At T0, viewpoint 1 emphasised that access to healthcare is a right and that prioritisation should be based solely on patients’ needs. Viewpoint 2 acknowledged scarcity of resources and emphasised the importance of treatment-related health gains. Viewpoint 3 focused on helping those in need, favouring younger patients, patients with a family, and treating diseases that heavily burden the families of patients. At T1, viewpoint 1 had become less opposed to prioritisation and more considerate of costs. Viewpoint 2 supported out-of-pocket payments more strongly. A new viewpoint 3 emerged that emphasised the importance of cost-effectiveness and that prioritisation should consider patient characteristics, such as their age. Participants’ views partly remained stable, specifically regarding equal access and prioritisation based on need and health gains. Notable changes concerned increased support for prioritisation, consideration of costs, and cost-effectiveness. Further research into the effects of deliberative methods is required to better understand how they may contribute to the legitimacy of and public support for allocation decisions in healthcare….(More)”.

Artificial intelligence, geopolitics, and information integrity


Report by John Villasenor: “Much has been written, and rightly so, about the potential that artificial intelligence (AI) can be used to create and promote misinformation. But there is a less well-recognized but equally important application for AI in helping to detect misinformation and limit its spread. This dual role will be particularly important in geopolitics, which is closely tied to how governments shape and react to public opinion both within and beyond their borders. And it is important for another reason as well: While nation-state interest in information is certainly not new, the incorporation of AI into the information ecosystem is set to accelerate as machine learning and related technologies experience continued advances.

The present article explores the intersection of AI and information integrity in the specific context of geopolitics. Before addressing that topic further, it is important to underscore that the geopolitical implications of AI go far beyond information. AI will reshape defense, manufacturing, trade, and many other geopolitically relevant sectors. But information is unique because information flows determine what people know about their own country and the events within it, as well as what they know about events occurring on a global scale. And information flows are also critical inputs to government decisions regarding defense, national security, and the promotion of economic growth. Thus, a full accounting of how AI will influence geopolitics of necessity requires engaging with its application in the information ecosystem.

This article begins with an exploration of some of the key factors that will shape the use of AI in future digital information technologies. It then considers how AI can be applied to both the creation and detection of misinformation. The final section addresses how AI will impact efforts by nation-states to promote–or impede–information integrity….(More)”.

Artificial Morality


Essay by Bruce Sterling: “This is an essay about lists of moral principles for the creators of Artificial Intelligence. I collect these lists, and I have to confess that I find them funny.

Nobody but AI mavens would ever tiptoe up to the notion of creating godlike cyber-entities that are much smarter than people. I hasten to assure you — I take that weird threat seriously. If we could wipe out the planet with nuclear physics back in the late 1940s, there must be plenty of other, novel ways to get that done.

What I find comical is a programmer’s approach to morality — the urge to carefully type out some moral code before raising unholy hell. Many professions other than programming have stern ethical standards: lawyers and doctors, for instance. Are lawyers and doctors evil? It depends. If a government is politically corrupt, then a nation’s lawyers don’t escape that moral stain. If a health system is slaughtering the population with mis-prescribed painkillers, then doctors can’t look good, either.

So if AI goes south, for whatever reason, programmers are just bound to look culpable and sinister. Careful lists of moral principles will not avert that moral judgment, no matter how many earnest efforts they make to avoid bias, to build and test for safety, to provide feedback for user accountability, to design for privacy, to consider the colossal abuse potential, and to eschew any direct involvement in AI weapons, AI spyware, and AI violations of human rights.

I’m not upset by moral judgments in well-intentioned manifestos, but it is an odd act of otherworldly hubris. Imagine if car engineers claimed they could build cars fit for all genders and races, test cars for safety-first, mirror-plate the car windows and the license plates for privacy, and make sure that military tanks and halftracks and James Bond’s Aston-Martin spy-mobile were never built at all. Who would put up with that presumptuous behavior? Not a soul, not even programmers.

In the hermetic world of AI ethics, it’s a given that self-driven cars will kill fewer people than we humans do. Why believe that? There’s no evidence for it. It’s merely a cranky aspiration. Life is cheap on traffic-choked American roads — that social bargain is already a hundred years old. If self-driven vehicles doubled the road-fatality rate, and yet cut shipping costs by 90 percent, of course those cars would be deployed.

I’m not a cynic about morality per se, but everybody’s got some. The military, the spies, the secret police and organized crime, they all have their moral codes. Military AI flourishes worldwide, and so does cyberwar AI, and AI police-state repression….(More)”.

The Information Trade: How Big Tech Conquers Countries, Challenges Our Rights, and Transforms Our World


Book by Alexis Wichowski: “… considers the unchecked rise of tech giants like Facebook, Google, Amazon, Apple, Microsoft, and Tesla—what she calls “net states”— and their unavoidable influence in our lives. Rivaling nation states in power and capital, today’s net states are reaching into our physical world, inserting digital services into our lived environments in ways both unseen and, at times, unknown to us. They are transforming the way the world works, putting our rights up for grabs, from personal privacy to national security.  

Combining original reporting and insights drawn from more than 100 interviews with technology and government insiders, including Microsoft president Brad Smith, Google CEO Eric Schmidt, the former Federal Trade Commission chair under President Obama, and the managing director of Jigsaw—Google’s Department of Counter-terrorism against extremism and cyber-attacks—The Information Trade explores what happens we give up our personal freedom and individual autonomy in exchange for an easy, plugged-in existence, and shows what we can do to control our relationship with net states before they irreversibly change our future….(More)

10 Privacy Risks and 10 Privacy Enhancing Technologies to Watch in the Next Decade


Future of Privacy Forum: “Today, FPF is publishing a white paper co-authored by CEO Jules Polonetsky and hackylawyER Founder Elizabeth Renieris to help corporate officers, nonprofit leaders, and policymakers better understand privacy risks that will grow in prominence during the 2020s, as well as rising technologies that will be used to help manage privacy through the decade. Leaders must understand the basics of technologies like biometric scanning, collaborative robotics, and spatial computing in order to assess how existing and proposed policies, systems, and laws will address them, and to support appropriate guidance for the implementation of new digital products and services.

The white paper, Privacy 2020: 10 Privacy Risks and 10 Privacy Enhancing Technologies to Watch in the Next Decade, identifies ten technologies that are likely to create increasingly complex data protection challenges. Over the next decade, privacy considerations will be driven by innovations in tech linked to human bodies, health, and social networks; infrastructure; and computing power. The white paper also highlights ten developments that can enhance privacy – providing cause for optimism that organizations will be able to manage data responsibly. Some of these technologies are already in general use, some will soon be widely deployed, and others are nascent….(More)”.

Incentive Competitions and the Challenge of Space Exploration


Article by Matthew S. Williams: “Bill Joy, the famed computer engineer who co-founded Sun Microsystems in 1982, once said, “No matter who you are, most of the smartest people work for someone else.” This has come to be known as “Joy’s Law” and is one of the inspirations for concepts such as “crowdsourcing”.

Increasingly, government agencies, research institutions, and private companies are looking to the power of the crowd to find solutions to problems. Challenges are created and prizes offered – that, in basic terms, is an “incentive competition.”

The basic idea of an incentive competition is pretty straightforward. When confronted with a particularly daunting problem, you appeal to the general public to provide possible solutions and offer a reward for the best one. Sounds simple, doesn’t it?

But in fact, this concept flies in the face of conventional problem-solving, which is for companies to recruit people with knowledge and expertise and solve all problems in-house. This kind of thinking underlies most of our government and business models, but has some significant limitations….

Another benefit to crowdsourcing is the way it takes advantage of the exponential growth in human population in the past few centuries. Between 1650 and 1800, the global population doubled, to reach about 1 billion. It took another one-hundred and twenty years (1927) before it doubled again to reach 2 billion.

However, it only took fifty-seven years for the population to double again and reach 4 billion (1974), and just fifteen more for it to reach 6 billion. As of 2020, the global population has reached 7.8 billion, and the growth trend is expected to continue for some time.

This growth has paralleled another trend, the rapid development of new ideas in science and technology. Between 1650 and 2020, humanity has experienced multiple technological revolutions, in what is a comparatively very short space of time….(More)”.