From Territorial to Functional Sovereignty: The Case of Amazon


Essay by Frank Pasquale: “…Who needs city housing regulators when AirBnB can use data-driven methods to effectively regulate room-letting, then house-letting, and eventually urban planning generally? Why not let Amazon have its own jurisdiction or charter city, or establish special judicial procedures for Foxconn? Some vanguardists of functional sovereignty believe online rating systems could replace state occupational licensure—so rather than having government boards credential workers, a platform like LinkedIn could collect star ratings on them.

In this and later posts, I want to explain how this shift from territorial to functional sovereignty is creating a new digital political economy. Amazon’s rise is instructive. As Lina Khan explains, “the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other businesses that depend upon it.” The “everything store” may seem like just another service in the economy—a virtual mall. But when a firm combines tens of millions of customers with a “marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house…a hardware manufacturer, and a leading host of cloud server space,” as Khan observes, it’s not just another shopping option.

Digital political economy helps us understand how platforms accumulate power. With online platforms, it’s not a simple narrative of “best service wins.” Network effects have been on the cyberlaw (and digital economics) agenda for over twenty years. Amazon’s dominance has exhibited how network effects can be self-reinforcing. The more merchants there are selling on (or to) Amazon, the better shoppers can be assured that they are searching all possible vendors. The more shoppers there are, the more vendors consider Amazon a “must-have” venue. As crowds build on either side of the platform, the middleman becomes ever more indispensable. Oh, sure, a new platform can enter the market—but until it gets access to the 480 million items Amazon sells (often at deep discounts), why should the median consumer defect to it? If I want garbage bags, do I really want to go over to Target.com to re-enter all my credit card details, create a new log-in, read the small print about shipping, and hope that this retailer can negotiate a better deal with Glad? Or do I, ala Sunstein, want a predictive shopping purveyor that intimately knows my past purchase habits, with satisfaction just a click away?
As artificial intelligence improves, the tracking of shopping into the Amazon groove will tend to become ever more rational for both buyers and sellers. Like a path through a forest trod ever clearer of debris, it becomes the natural default. To examine just one of many centripetal forces sucking money, data, and commerce into online behemoths, play out game theoretically how the possibility of online conflict redounds in Amazon’s favor. If you have a problem with a merchant online, do you want to pursue it as a one-off buyer? Or as someone whose reputation has been established over dozens or hundreds of transactions—and someone who can credibly threaten to deny Amazon hundreds or thousands of dollars of revenue each year? The same goes for merchants: The more tribute they can pay to Amazon, the more likely they are to achieve visibility in search results and attention (and perhaps even favor) when disputes come up. What Bruce Schneier said about security is increasingly true of commerce online: You want to be in the good graces of one of the neo-feudal giants who bring order to a lawless realm. Yet few hesitate to think about exactly how the digital lords might use their data advantages against those they ostensibly protect.

Forward-thinking legal thinkers are helping us grasp these dynamics. For example, Rory van Loo has described the status of the “corporation as courthouse”—that is, when platforms like Amazon run dispute resolution schemes to settle conflicts between buyers and sellers. Van Loo describes both the efficiency gains that an Amazon settlement process might have over small claims court, and the potential pitfalls for consumers (such as opaque standards for deciding cases). I believe that, on top of such economic considerations, we may want to consider the political economic origins of e-commerce feudalism. For example, as consumer rights shrivel, it’s rational for buyers to turn to Amazon (rather than overwhelmed small claims courts) to press their case. The evisceration of class actions, the rise of arbitration, boilerplate contracts—all these make the judicial system an increasingly vestigial organ in consumer disputes. Individuals rationally turn to online giants for powers to impose order that libertarian legal doctrine stripped from the state. And in so doing, they reinforce the very dynamics that led to the state’s etiolation in the first place….(More)”.

The Participatory Democracy Turn


Book edited by Laurence BhererPascale Dufour, and Francoise Montambeault:”Since the 1960s, participatory discourses and techniques have been at the core of decision making processes in a variety of sectors around the world – a phenomenon often referred to as the participatory turn. Over the years, this participatory turn has given birth to a large array of heterogeneous participatory practices developed by a wide variety of organizations and groups, as well as by governments. Among the best-known practices of citizen participation are participatory budgeting, citizen councils, public consultations, etc. However, these experiences are sometimes far from the original 1960s’ radical conception of participatory democracy, which had a transformative dimension and aimed to overcome unequal relationships between the state and society and emancipate and empower citizens in their daily lives.

This book addresses four sets of questions: what do participatory practices mean today?; what does it mean to participate for participants, from the perspective of citizenship building?; how the processes created by the participatory turn have affected the way political representation functions?; and does the participatory turn also mean changing relationships and dynamics among civil servants, political representatives, and citizens?

Overall, the contributions in this book illustrate and grasp the complexity of the so-called participatory turn. It shows that the participatory turn now includes several participatory democracy projects, which have different effects on the overall system depending on the principles that they advocate. This book was originally published as a special issue of the Journal of Civil Society….(More)”

Building the Smarter State: The Role of Data Labs


New set of case studies by The GovLab: “Government at all levels — federal, state and local — collects and processes troves of data in order to administer public programs, fulfill regulatory mandates or conduct research¹. This government-held data, which often contains personally identifiable information about the individuals government serves is known as “administrative data” and it can be analyzed to evaluate and improve how government and the social sector deliver services.

For example, the Social Security Administration (SSA) collects and manages data on social, welfare and disability benefit payments of nearly the entire US population as well as data such as individual lifetime records of wages and self employment earnings. The SSA uses this administrative data for, among other things, analysis of policy interventions and to develop models to project demographic and economic characteristics of the population. State governments collect computerized hospital discharge data for both Government (Medicare and Medicaid) and commercial payers while the Department of Justice (through the Bureau of Justice Standards) collects prison admission and release data to monitor correctional populations and to address several policy questions, including those on recidivism and prisoner reentry.

Though they have long collected data, increasingly in digital form, government agencies have struggled to create the infrastructure and acquire the skills needed to make use of this administrative data to realize the promise of evidence-based policymaking.

The goal of this collection of eight case studies is to look at how governments are beginning to “get smarter” about using their own data. By comparing the ways in which they have chosen to collaborate with researchers and make often sensitive data usable to government employees and researchers in ethical and responsible ways, we hope to increase our understanding of what is required to be able to make better use of administrative data including the governance structures, technology infrastructure and key personnel. The hope is to enable other public institutions to know what is required to be able to make better use of administrative data. What follows is a summary of the learnings from those case studies. We start with an articulation of the value proposition for greater use of administrative data followed by the key learnings and the case studies themselves….(More)”

Read the case studies here.

A New City O/S: The Power of Open, Collaborative, and Distributed Governance


Book by Stephen Goldsmith and Neil Kleiman: “At a time when trust is dropping precipitously and American government at the national level has fallen into a state of long-term, partisan-based gridlock, local government can still be effective—indeed more effective and even more responsive to the needs of its citizens. Based on decades of direct experience and years studying successful models around the world, the authors of this intriguing book propose a new operating system (O/S) for cities. Former mayor and Harvard professor Stephen Goldsmith and New York University professor Neil Kleiman suggest building on the giant leaps that have been made in technology, social engagement, and big data.

Calling their approach “distributed governance,” Goldsmith and Kleiman offer a model that allows public officials to mobilize new resources, surface ideas from unconventional sources, and arm employees with the information they need to become pre-emptive problem solvers. This book highlights lessons from the many innovations taking place in today’s cities to show how a new O/S can create systemic transformation.

For students of government, A New City O/S: The Power of Distributed Governance presents a groundbreaking strategy for rethinking the governance of cities, marking an important evolution of the current bureaucratic authority-based model dating from the 1920s. More important, the book is designed for practitioners, starting with public-sector executives, managers, and frontline workers. By weaving real-life examples into a coherent model, the authors have created a step-by-step guide for all those who would put the needs of citizens front and center. Nothing will do more to restore trust in government than solutions that work. A New City O/S: The Power of Distributed Governanceputs those solutions within reach of those public officials responsible for their delivery….(More)”.

How Oman is turning to Twitter to help govern


 at the Conversation: “…Following the Arab Spring, citizens of the Persian Gulf state of Oman became aware of Twitter’s potential and decided to adopt it as a platform for addressing social problems, rather than instigating revolutions. For example, unemployment for young people even with degrees is a problem in Oman, as it is in other nations in Europe, and young Omanis took to Twitter to discuss their predicament, gathering around the hashtag that is the Arabic translation of “we need a job”. This tweet was read by Oman’s Sultan, Qaboos bin Said Al Said, who then announced the creation of 25,000 jobs for younger adults.

Oman is one of the most absolutist states in the world, with political power resting almost entirely within the Sultan’s hands. Yet this gave citizens a feeling that was not possible before: that their concerns are matters of importance to the government. Twitter becomes a two-way communication channel for working towards social change, not just a one-way broadcast for promoting celebrities or for delivering government pronouncements.

Now, the civil service in Oman is adopting Twitter as part of its provision of public services. A similar approach has been taken elsewhere, for example the small Spanish town of Jun, where the mayor has put every municipal department on Twitter, encouraging citizens to contact them using that public forum. But in this case the approach has been scaled up to an entire country.

Digital government in Oman

We examined how Twitter was being used in Oman and to what effect. Our research revealed that Omani citizens found Twitter to be “empowering”, as it allows them to identify matters of concern and seek rapid responses and resolutions – something that was a rarity in the past….(More)”

How Software is Eating the World and Reprogramming Democracy


Jaime Gómez Ramírez at Open Mind: “Democracy, the government of the majority typically through elected representatives, is undergoing a major crisis. Human societies have experimented with democracy since at least the fifth century BC in the polis of Athens. Whether democracy is scalable is an open question that could help understand the current mistrust in democratic institutions and the rise of populism. The majority rule is a powerful narrative that is fed every few years with elections. In Against elections, the cultural historian Van Reybrouck claims that elections were never meant to make democracy possible, rather the opposite, it was a tool designed for those in power to prevent “the rule of the mob”. Elections created a new elite and power remained in the hands of a minority, but this time endowed with democratic legitimacy….

The 2008 financial crisis have changed the perception of, the once taken for granted, complementary nature of democracy and capitalism. The belief that capitalism and democracy go hand by hand is not credible anymore. The concept of nation is a fiction in need of a continuous stock of intergenerational believers. The nation state successfully assimilated heterogeneous groups of people under a common language and shared cultural values. But this seems today a rather fragile foundation to resist the centrifugal forces that financial capitalism impinges upon the social fabric.

Nation states will not collapse over night, but they are an industrial era device in a digital world. To do not fall into obsolescence they will need to change their operative system. Since the venture capitalist Marc Andreessen coined the phrase “software is eating the world” the logic of financial capitalism has accelerated this trend. Five software companies: Facebook, Apple, Amazon, Netflix and Google parent Alphabet (FANG) equal more than 10 per cent percent of the S&P 500 cap. Todays dominant industries in entertainment, retail, telecom, marketing companies and others are software companies. Software is also taking a bigger share in industries that traditionally exist in the physical space like automakers and energy. Education and health care have shown more resistance to software-based entrepreneurial change but a very profound transformation is underway. This is already visible with the growing popularity of MOOCs and personalized health monitoring systems.

Software-based business not only have up trending market share but more importantly, software can reprogram the world. The internet of things will allow to have full connectivity of smart devices in an economy with massive deflationary costs in computing. Computing might even become free. This has profound consequences for business, industry and most importantly, for how citizens want to organize society and governance.

The most promising technological innovation in years is the blockchain technology, an encrypted and distributed ledger system. Blockchain is an universal and freely accessible repository of documents including property and insurance contracts, publicly auditable, and resistant to special group interests manipulation and corruption. New kinds of governance models and services could be tested and implemented using the blockchain. The time is ripe for fundamental software-based transformation in governance. Democracy and free society will ignore this at its own peril…(More)”.

Nearly All of Wikipedia Is Written By Just 1 Percent of Its Editors


Daniel Oberhaus at Motherboard: “…Sixteen years later, the free encyclopedia and fifth most popular website in the world is well on its way to this goal. Today, Wikipedia is home to 43 million articles in 285 languages and all of these articles are written and edited by an autonomous group of international volunteers.

Although the non-profit Wikimedia Foundation diligently keeps track of how editors and users interact with the site, until recently it was unclear how content production on Wikipedia was distributed among editors. According to the results of a recent study that looked at the 250 million edits made on Wikipedia during its first ten years, only about 1 percent of Wikipedia’s editors have generated 77 percent of the site’s content.

“Wikipedia is both an organization and a social movement,” Sorin Matei, the director of the Purdue University Data Storytelling Network and lead author of the study, told me on the phone. “The assumption is that it’s a creation of the crowd, but this couldn’t be further from the truth. Wikipedia wouldn’t have been possible without a dedicated leadership.”

At the time of writing, there are roughly 132,000 registered editors who have been active on Wikipedia in the last month (there are also an unknown number of unregistered Wikipedians who contribute to the site). So statistically speaking, only about 1,300 people are creating over three-quarters of the 600 new articles posted to Wikipedia every day.

Of course, these “1 percenters” have changed over the last decade and a half. According to Matei, roughly 40 percent of the top 1 percent of editors bow out about every five weeks. In the early days, when there were only a few hundred thousand people collaborating on Wikipedia, Matei said the content production was significantly more equitable. But as the encyclopedia grew, and the number of collaborators grew with it, a cadre of die-hard editors emerged that have accounted for the bulk of Wikipedia’s growth ever since.

Matei and his colleague Brian Britt, an assistant professor of journalism at South Dakota State University, used a machine learning algorithm to crawl the quarter of a billion publicly available edit logs from Wikipedia’s first decade of existence. The results of this research, published September as a book, suggests that for all of Wikipedia’s pretension to being a site produced by a network of freely collaborating peers, “some peers are more equal than others,” according to Matei.

Matei and Britt argue that rather than being a decentralized, spontaneously evolving organization, Wikipedia is better described as an “adhocracy“—a stable hierarchical power structure which nevertheless allows for a high degree of individual mobility within that hierarchy….(More)”.

Science’s Next Frontier? It’s Civic Engagement


Louise Lief at Discover Magazine: “…As a lay observer who has explored scientists’ relationship to the public, I have often wondered why many scientists and scientific institutions continue to rely on what is known as the “deficit model” of science communication, despite its well-documented shortcomings and even a backfire effect. This approach views the public as  “empty vessels” or “warped minds” ready to be set straight with facts. Perhaps many scientists continue to use it because it’s familiar and mimics classroom instruction. But it’s not doing the job.

Scientists spend much of their time with the public defending science, and little time building trust.

Many scientists also give low priority to trust building. At the 2016 American Association for the Advancement of Science conference, Michigan State University professor John C. Besley showed these results (right) of a survey of scientists’ priorities for engaging with the public online.

Scientists are focusing on the frustrating, reactive task of defending science, spending little time establishing bonds of trust with the public, which comes in last as a professional priority. How much more productive their interactions with the public – and through them, policymakers — would be if establishing trust was a top priority!

There is evidence that the public is hungry for such exchanges. When Research!America asked the public in 2016 how important is it for scientists to inform elected officials and the public about their research and its impact on society, 84 percent said it was very or somewhat important — a number that ironically mirrors the percentage of Americans who cannot name a scientist….

This means scientists need to go even further, venturing into unfamiliar local venues where science may not be mentioned but where communities gather to discuss their problems. Interesting new opportunities to do this are emerging nation wide. In 2014 the Chicago Community Trust, one of the nation’s largest community foundations, launched a series of dinners across the city through a program called On the Table, to discuss community problems and brainstorm possible solutions. In 2014, the first year, almost 10,000 city residents participated. In 2017, almost 100,000 Chicago residents took part. Recently the Trust added a grants component to the program, awarding more than $135,000 in small grants to help participants translate their ideas into action….(More)”.

Deep Mind – Deep Reform


Matthew Taylor at the RSA: “The core characteristics of modern Western societies are market-based economies, relatively extensive welfare systems and the rule of law presided over by representative democracy. All three of these elements have been subject to sustained critique in recent years….

Like capitalism, democracy, both in principle and practice, has always had its critics. But, again, a number of current factors have combined to increase the volume. Democratic institutions and the politicians who occupy them have become even less trusted and more unpopular than usual, something reflecting both the failure of leadership and policy and a succession of exposes of misbehaviour. Democracies have also generated outcomes – particularly Trump and Brexit – which seem to go beyond the normal swings of party politics into acts of collective self-harm. Finally, the economic performance and comparative effectiveness of Chinese leadership and the capacity of Putin’s Russia to get away with aggression, dishonesty and sabotage has led more people to question whether representative democracy really is the most resilient basis for either political authority or social progress in the 21st century.

This state of disenchantment could be merely unhappy but it is in reality potentially catastrophic. Because, despite all the negativity we direct at the way things are there is as yet in countries like ours no viable or popular alternative to the persistence of these systems in their current form. To coin a phrase ’democracy, welfare state and financialised capitalism; can’t live with them, can’t live without them’. The question then is how do we radically renew the dominant systems of the Western world before their failures and our disillusionment drives us into making even more profound mistakes than the ones we and our leaders have already committed?

4 ways of coordinating human activity

The starting point is surely to think more deeply about this system as a whole. I have written before about an approach which views societies, and systems within those societies, through the prism of three active, and one more passive, ways of coordinating all human activity. The active forms are the hierarchical, the solidaristic and the individualistic. Each of these forms of coordination is complex and ubiquitous and each is reflected in everything from our day to day choices to political ideologies and organisational forms.

In modern societies the primary hierarchical institution is the state. Individualism – albeit a partial form – is most powerfully expressed in the dynamism of market. While solidarity, which is more internally divergent in form, tends to be gauged by reference to social justice, on the one hand, and a shared sense of identity and belonging on the other. Right now we are experiencing a crisis of confidence and legitimacy in all three domains. One sign of this is that the fourth major way of thinking about social change – fatalism – has become ever stronger.

Before exploring responses to our plight it is important to note two important lessons from history. First, when liberal democracies get all three active forms of coordination working together they can achieve major advances in human welfare. This was, for example, the case during the decades of the post war miracle when economic growth and living standards rose, welfare expanded, inequality fell and the state was more confident and trusted. In general, Scandinavian countries have managed to achieve a better balance which is why they nearly always come out top of surveys on social outcomes and citizen wellbeing.

The second lesson is that these periods of healthy balance between state, market and society are the exception not the rule. Thomas Piketty has provided strong evidence that differential returns to labour and capital drive rising inequality which eventually leads to social conflict. Historian Walter Scheidel goes further, arguing that the trend to rising inequality in all societies has only ever been broken by plague, war or bloody revolution.

Politicians and campaigners tend to focus on just one dimension of the system-wide loss of confidence choosing business as their target or the state or, more abstractly, individualism or liberalism. But it is the social system as a whole that needs renewal.

This argument is illustrated by the hard case of technology, the subject of a fascinating and brave lecture at the RSA by Deep Mind’s Mustafa Suleyman. …(More)”.

Delivering the digital state


William D. Eggers and Steve Hurst at Deloitte: “…Consumer surveys indicate that satisfaction with government services has fallen to an eight-year low. Recent Gallup polls show that Americans continue to name dissatisfaction with government as the nation’s second most-important problem, after the economy.

Many government officials, moreover, are entirely aware of this dissatisfaction. In our digital government survey of state and local government officials, 73 percent believed their organization’s digital capabilities were behind those in the private sector. In another recent survey, state IT personnel and decision makers identified the most critical areas needing better digital capabilities; these included health and human services, motor vehicles, employment, public safety, licensing, renewals, and permitting.

Clearly, there’s a huge gap between the service state and provincial governments offer today and that provided by companies such as Amazon, eBay, Uber, and Airbnb. To provide the same seamless experience these companies do, a state government would need a robust digital platform offering the equivalent of one-stop shopping, making a range of functions available in a few clicks. This government platform would “know you” based on past transactions, and anticipate your needs. It would be able to navigate the breadth of content to connect you with the right service or the answer you seek.

Most states can’t do that today, largely because of the way in which they organize and govern digital technology: with databases that can’t communicate with one another, limited information sharing, and overly complex rules and protocols. The 2017 Center for Digital Government survey identified some of the most significant obstacles: legacy systems, lack of qualified staff, poor procurement processes, security issues, inadequate funding, and current employee practices.

To deliver the customer experience their citizens want, states need to focus on three crucial elements:

  1. An end-to-end digital experience developed from the customer’s point of view, accessible anywhere, anytime, and from any device.
  2. unique, uniform digital ID that grants agencies access to the appropriate data and services.
  3. Mechanisms that allow agencies to share data across the state enterprise….(More)”