Chapter by Lilian Edwards in L Edwards ed Law, Policy and the Internet (Hart , 2018): “In this chapter, I examine in detail how data subjects are tracked, profiled and targeted by their activities on line and, increasingly, in the “offline” world as well. Tracking is part of both commercial and state surveillance, but in this chapter I concentrate on the former. The European law relating to spam, cookies, online behavioural advertising (OBA), machine learning (ML) and the Internet of Things (IoT) is examined in detail, using both the GDPR and the forthcoming draft ePrivacy Regulation. The chapter concludes by examining both code and law solutions which might find a way forward to protect user privacy and still enable innovation, by looking to paradigms not based around consent, and less likely to rely on a “transparency fallacy”. Particular attention is drawn to the new work around Personal Data Containers (PDCs) and distributed ML analytics….(More)”.
Why Do We Care So Much About Privacy?
Louis Menand in The New Yorker: “…Possibly the discussion is using the wrong vocabulary. “Privacy” is an odd name for the good that is being threatened by commercial exploitation and state surveillance. Privacy implies “It’s nobody’s business,” and that is not really what Roe v. Wade is about, or what the E.U. regulations are about, or even what Katz and Carpenter are about. The real issue is the one that Pollak and Martin, in their suit against the District of Columbia in the Muzak case, said it was: liberty. This means the freedom to choose what to do with your body, or who can see your personal information, or who can monitor your movements and record your calls—who gets to surveil your life and on what grounds.
As we are learning, the danger of data collection by online companies is not that they will use it to try to sell you stuff. The danger is that that information can so easily fall into the hands of parties whose motives are much less benign. A government, for example. A typical reaction to worries about the police listening to your phone conversations is the one Gary Hart had when it was suggested that reporters might tail him to see if he was having affairs: “You’d be bored.” They were not, as it turned out. We all may underestimate our susceptibility to persecution. “We were just talking about hardwood floors!” we say. But authorities who feel emboldened by the promise of a Presidential pardon or by a Justice Department that looks the other way may feel less inhibited about invading the spaces of people who belong to groups that the government has singled out as unpatriotic or undesirable. And we now have a government that does that….(More)”.
Data Ethics Framework
Introduction by Matt Hancock MP, Secretary of State for Digital, Culture, Media and Sport to the UK’s Data Ethics Framework: “Making better use of data offers huge benefits, in helping us provide the best possible services to the people we serve.
However, all new opportunities present new challenges. The pace of technology is changing so fast that we need to make sure we are constantly adapting our codes and standards. Those of us in the public sector need to lead the way.
As we set out to develop our National Data Strategy, getting the ethics right, particularly in the delivery of public services, is critical. To do this, it is essential that we agree collective standards and ethical frameworks.
Ethics and innovation are not mutually exclusive. Thinking carefully about how we use our data can help us be better at innovating when we use it.
Our new Data Ethics Framework sets out clear principles for how data should be used in the public sector. It will help us maximise the value of data whilst also setting the highest standards for transparency and accountability when building or buying new data technology.
We have come a long way since we published the first version of the Data Science Ethical Framework. This new version focuses on the need for technology, policy and operational specialists to work together, so we can make the most of expertise from across disciplines.
We want to work with others to develop transparent standards for using new technology in the public sector, promoting innovation in a safe and ethical way.
This framework will build the confidence in public sector data use needed to underpin a strong digital economy. I am looking forward to working with all of you to put it into practice…. (More)”
The Data Ethics Framework principles
1.Start with clear user need and public benefit
2.Be aware of relevant legislation and codes of practice
3.Use data that is proportionate to the user need
4.Understand the limitations of the data
5.Ensure robust practices and work within your skillset
User Perceptions of Privacy in Smart Homes
Paper by Serena Zheng, Marshini Chetty, and Nick Feamster: “Despite the increasing presence of Internet of Things (IoT) devices inside the home, we know little about how users feel about their privacy living with Internet-connected devices that continuously monitor and collect data in their homes. To gain insight into this state of affairs, we conducted eleven semi-structured interviews with owners of smart homes, investigating privacy values and expectations.
In this paper, we present the findings that emerged from our study: First, users prioritize the convenience and connectedness of their smart homes, and these values dictate their privacy opinions and behaviors. Second, user opinions about who should have access to their smart home data depend on the perceived benefit. Third, users assume their privacy is protected because they trust the manufacturers of their IoT devices. Our findings bring up several implications for IoT privacy, which include the need for design for privacy and evaluation standards….(More)”.
The Slippery Math of Causation
Pradeep Mutalik for Quanta Magazine: “You often hear the admonition “correlation does not imply causation.” But what exactly is causation? Unlike correlation, which has a specific mathematical meaning, causation is a slippery concept that has been debated by philosophers for millennia. It seems to get conflated with our intuitions or preconceived notions about what it means to cause something to happen. One common-sense definition might be to say that causation is what connects one prior process or agent — the cause — with another process or state — the effect. This seems reasonable, except that it is useful only when the cause is a single factor, and the connection is clear. But reality is rarely so simple.
Although we tend to credit or blame things on a single major cause, in nature and in science there are almost always multiple factors that have to be exactly right for an event to take place. For example, we might attribute a forest fire to the carelessly thrown cigarette butt, but what about the grassy tract leading to the forest, the dryness of the vegetation, the direction of the wind and so on? All of these factors had to be exactly right for the fire to start. Even though many tossed cigarette butts don’t start fires, we zero in on human actions as causes, ignoring other possibilities, such as sparks from branches rubbing together or lightning strikes, or acts of omission, such as failing to trim the grassy path short of the forest. And we tend to focus on things that can be manipulated: We overlook the direction of the wind because it is not something we can control. Our scientifically incomplete intuitive model of causality is nevertheless very useful in practice, and helps us execute remedial actions when causes are clearly defined. In fact, artificial intelligence pioneer Judea Pearl has published a new book about why it is necessary to teach cause and effect to intelligent machines.
However, clearly defined causes may not always exist. Complex, interdependent multifactorial causes arise often in nature and therefore in science. Most scientific disciplines focus on different aspects of causality in a simplified manner. Physicists may talk about causal influences being unable to propagate faster than the speed of light, while evolutionary biologists may discuss proximate and ultimate causes as mentioned in our previous puzzle on triangulation and motion sickness. But such simple situations are rare, especially in biology and the so-called “softer” sciences. In the world of genetics, the complex multifactorial nature of causality was highlighted in a recent Quanta article by Veronique Greenwood that described the intertwined effects of genes.
One well-known approach to understanding causality is to separate it into two types: necessary and sufficient….(More)”
How Citizens Can Hack EU Democracy
Stephen Boucher at Carnegie Europe: “…To connect citizens with the EU’s decisionmaking center, European politicians will need to provide ways to effectively hack this complex system. These democratic hacks need to be visible and accessible, easily and immediately implementable, viable without requiring changes to existing European treaties, and capable of having a traceable impact on policy. Many such devices could be imagined around these principles. Here are three ideas to spur debate.
Hack 1: A Citizens’ Committee for the Future in the European Parliament
The European Parliament has proposed that twenty-seven of the seventy-three seats left vacant by Brexit should be redistributed among the remaining member states. According to one concept, the other forty-six unassigned seats could be used to recruit a contingent of ordinary citizens from around the EU to examine legislation from the long-term perspective of future generations. Such a “Committee for the Future” could be given the power to draft a response to a yearly report on the future produced by the president of the European Parliament, initiate debates on important political themes of their own choosing, make submissions on future-related issues to other committees, and be consulted by members of the European Parliament (MEPs) on longer-term matters.
MEPs could decide to use these forty-six vacant seats to invite this Committee for the Future to sit, at least on a trial basis, with yearly evaluations. This arrangement would have real benefits for EU politics, acting as an antidote to the union’s existential angst and helping the EU think systemically and for the longer term on matters such as artificial intelligence, biodiversity, climate concerns, demography, mobility, and energy.
Hack 2: An EU Participatory Budget
In 1989, the city of Porto Alegre, Brazil, decided to cede control of a share of its annual budget for citizens to decide upon. This practice, known as participatory budgets, has since spread globally. As of 2015, over 1,500 instances of participatory budgets have been implemented across five continents. These processes generally have had a positive impact, with people proving that they take public spending matters seriously.
To replicate these experiences at the European level, the complex realities of EU budgeting would require specific features. First, participative spending probably would need to be both local and related to wider EU priorities in order to ensure that citizens see its relevance and its wider European implications. Second, significant resources would need to be allocated to help citizens come up with and promote projects. For instance, the city of Paris has ensured that each suggested project that meets the eligibility requirements has a desk officer within its administration to liaise with the idea’s promoters. It dedicates significant resources to reach out to citizens, in particular in the poorer neighborhoods of Paris, both online and face-to-face. Similar efforts would need to be deployed across Europe. And third, in order to overcome institutional complexities, the European Parliament would need to work with citizens as part of its role in negotiating the budget with the European Council.
Hack 3: An EU Collective Intelligence Forum
Many ideas have been put forward to address popular dissatisfaction with representative democracy by developing new forums such as policy labs, consensus conferences, and stakeholder facilitation groups. Yet many citizens still feel disenchanted with representative democracy, including at the EU level, where they also strongly distrust lobby groups. They need to be involved more purposefully in policy discussions.
A yearly Deliberative Poll could be run on a matter of significance, ahead of key EU summits and possibly around the president of the commission’s State of the Union address. On the model of the first EU-wide Deliberative Poll, Tomorrow’s Europe, this event would bring together in Brussels a random sample of citizens from all twenty-seven EU member states, and enable them to discuss various social, economic, and foreign policy issues affecting the EU and its member states. This concept would have a number of advantages in terms of promoting democratic participation in EU affairs. By inviting a truly representative sample of citizens to deliberate on complex EU matters over a weekend, within the premises of the European Parliament, the European Parliament would be the focus of a high-profile event that would draw media attention. This would be especially beneficial if—unlike Tomorrow’s Europe—the poll was not held at arm’s length by EU policymakers, but with high-level national officials attending to witness good-quality deliberation remolding citizens’ views….(More)”.
EU ministers endorse Commission’s plans for research cloud
European Commission: “The European Open Science Cloud, which will support EU science in its global leading by creating a trusted environment for hosting and processing research data, is one important step closer to becoming a reality. Meeting in Brussels today, EU research ministers endorsed the roadmap for its creation. The Conclusions of the Competitiveness Council, proposed by the current Bulgarian Presidency of the Council of the EU, are the result of two years of intense negotiations….
According to Commissioner Moedas, much remains to be done to make the EOSC a reality by 2020, but several important aspects stand out:
- the Cloud should be a wide, pan-European federation of existing and emerging excellent infrastructures, which respects the governance and funding mechanisms of its components;
- membership in this federation would be voluntary; and
- the governance structure would include member state ministries, stakeholders and scientists.
…In another important step for Open Science, the Commission published today the final recommendations of the Open Science Policy Platform. Established in 2016, the platform comprises important stakeholders who advise the Commission on how to further develop and practically implement Open Science policy in order to improve radically the quality and impact of European science….(More)”.
Information to Action: Strengthening EPA Citizen Science Partnerships for Environmental Protection
Report by the National Advisory Council for Environmental Policy and Technology: “Citizen science is catalyzing collaboration; new data and information brought about by greater public participation in environmental research are helping to drive a new era of environmental protection. As the body of citizen-generated data and information in the public realm continues to grow, EPA must develop a clear strategy to lead change and encourage action beyond the collection of data. EPA should recognize the variety of opportunities that it has to act as a conduit between the public and key partners, including state, territorial, tribal and local governments; nongovernmental organizations; and leading technology groups in the private sector. The Agency should build collaborations with new partners, identify opportunities to integrate equity into all relationships, and ensure that grassroots and community-based organizations are well supported and fairly resourced in funding strategies.
Key recommendations under this theme:
- Recommendation 1. Catalyze action from citizen science data and information by providing guidance and leveraging collaboration.
- Recommendation 2. Build inclusive and equitable partnerships by understanding partners’ diverse concerns and needs, including prioritizing better support for grassroots and community-based partnerships in EPA grantfunding strategies.
Increase state, territorial, tribal and local government engagement with citizen science
The Agency should reach out to tribes, states, territories and local governments throughout the country to understand the best practices and strategies for encouraging and incorporating citizen science in environmental protection. For states and territories looking for ways to engage in citizen science, EPA can help design strategies that recognize the community perspectives while building capacity in state and territorial governments. Recognizing the direct Executive Summary Information to Action: Strengthening EPA Citizen Science Partnerships for Environmental Protection connection between EPA and tribes, the Agency should seek tribal input and support tribes in using citizen science for environmental priorities. EPA should help to increase awareness for citizen science and where jurisdictional efforts already exist, assist in making citizen science accessible through local government agencies. EPA should more proactively listen to the voices of local stakeholders and encourage partners to embrace a vision for citizen science to accelerate the achievement of environmental goals. As part of this approach, EPA should find ways to define and communicate the Agency’s role as a resource in helping communities achieve environmental outcomes.
Key recommendations under this theme:
- Recommendation 3. Provide EPA support and engage states and territories to better integrate citizen science into program goals.
- Recommendation 4. Build on the unique strengths of EPA-tribal relationships.
- Recommendation 5. Align EPA citizen science work to the priorities of local governments.
Leverage external organizations for expertise and project level support
Collaborations between communities and other external organizations—including educational institutions, civic organizations, and community-based organizations— are accelerating the growth of citizen science. Because EPA’s direct connection with members of the public often is limited, the Agency could benefit significantly by consulting with key external organizations to leverage citizen science efforts to provide the greatest benefit for the protection of human health and the environment. EPA should look to external organizations as vital connections to communities engaged in collaboratively led scientific investigation to address community-defined questions, referred to as community citizen science. External organizations can help EPA in assessing gaps in community-driven research and help the Agency to design effective support tools and best management practices for facilitating effective environmental citizen science programs….(More)”.
Is ‘Innovocracy’ Hurting the Public Sector?
Katherine Barrett & Richard Greene at Governing: “Tom Shack has an unusual background for his job. Most state comptrollers have worked exclusively in finance and accounting. Before becoming comptroller of Massachusetts in 2015, Shack went to law school, taught college courses in entrepreneurship, and became an assistant district attorney.
When Shack took over the comptroller’s office, which has administrative and audit oversight over every state government agency, he quickly recognized an issue that he’s been trying to address ever since.
“One of the things I noticed right away, when working for government, is that there’s complete risk-aversion,” he says. “You have to be able to manage risk and avoid it when necessary.”
That tendency, he says, holds back innovation and progress. He and his staff have even made up a word for the phenomenon: “innovocracy, which in our vernacular means that though the government has come up with great innovative ideas, it then imposes a bureaucratic framework, thus crushing any entrepreneurial spirit associated with the idea.”
Take technology. Shack is frustrated by the typical approach to investing in new government IT….(More)”.
How the Math Men Overthrew the Mad Men
Ken Auletta in the New Yorker: “Once, Mad Men ruled advertising. They’ve now been eclipsed by Math Men—the engineers and data scientists whose province is machines, algorithms, pureed data, and artificial intelligence. Yet Math Men are beleaguered, as Mark Zuckerberg demonstrated when he humbled himself before Congress, in April. Math Men’s adoration of data—coupled with their truculence and an arrogant conviction that their “science” is nearly flawless—has aroused government anger, much as Microsoft did two decades ago.
The power of Math Men is awesome. Google and Facebook each has a market value exceeding the combined value of the six largest advertising and marketing holding companies. Together, they claim six out of every ten dollars spent on digital advertising, and nine out of ten new digital ad dollars. They have become more dominant in what is estimated to be an up to two-trillion-dollar annual global advertising and marketing business. Facebook alone generates more ad dollars than all of America’s newspapers, and Google has twice the ad revenues of Facebook.
In the advertising world, Big Data is the Holy Grail, because it enables marketers to target messages to individuals rather than general groups, creating what’s called addressable advertising. And only the digital giants possess state-of-the-art Big Data. “The game is no longer about sending you a mail order catalogue or even about targeting online advertising,” Shoshana Zuboff, a professor of business administration at the Harvard Business School, wrote on faz.net, in 2016. “The game is selling access to the real-time flow of your daily life—your reality—in order to directly influence and modify your behavior for profit.” Success at this “game” flows to those with the “ability to predict the future—specifically the future of behavior,” Zuboff writes. She dubs this “surveillance capitalism.”
However, to thrash just Facebook and Google is to miss the larger truth: everyone in advertising strives to eliminate risk by perfecting targeting data. Protecting privacy is not foremost among the concerns of marketers; protecting and expanding their business is. The business model adopted by ad agencies and their clients parallels Facebook and Google’s. Each aims to massage data to better identify potential customers. Each aims to influence consumer behavior. To appreciate how alike their aims are, sit in an agency or client marketing meeting and you will hear wails about Facebook and Google’s “walled garden,” their unwillingness to share data on their users. When Facebook or Google counter that they must protect “the privacy” of their users, advertisers cry foul: You’re using the data to target ads we paid for—why won’t you share it, so that we can use it in other ad campaigns?…(More)”