Beyond Bureaucracy: Towards Sustainable Governance Informatisation


Book edited by Alois A. Paulin, Leonidas G. Anthopoulos and Christopher Reddick: “… examines the role of bureaucracy in modern technologically advanced societies, the traditional models of governance, and the potential of information technology to fundamentally change and improve governance. In the area of public-domain governance, information and communication technologies (ICTs) have empowered public agencies to improve their activities and to strengthen the efficiency of their operations. Technology has enabled optimized transfer of knowledge and information between government agencies, more efficient supervision and control of relationships with citizens, and higher efficiency in law enforcement through better access to information. Throughout the last decades, technology has been used to strengthen the role of state bureaucracies and the relationship between the civil service and the citizens. We have witnessed the transformative powers of ICTs in private-sector enterprises in well-structured technological landscapes, which has produced new ecosystems comprised of software developers, providers, and consumers who provide and consume new products and services in ecosystems that are based on clear technological standards and shared modular generic artefacts, which allow for distributed peer production. ICTs will shape cultural and civic discourse and create products, services and tools, relying on the open toolsets, technologies and exchange of knowledge between peers. This book will be of particular interest to government CIOs, IT/IS managers, researchers, students, and practitioners in technical sciences, public administration, business management, public policy and IS management….(More)”.

Selected Readings on Blockchain Technology and Its Potential for Transforming Governance


By Prianka Srinivasan, Robert Montano, Andrew Young, and Stefaan G. Verhulst

The Living Library’s Selected Readings series seeks to build a knowledge base on innovative approaches for improving the effectiveness and legitimacy of governance. This curated and annotated collection of recommended works on the topic of blockchain and governance was originally published in 2017.

Introduction

In 2008, an unknown source calling itself Satoshi Nakamoto released a paper named Bitcoin: A Peer-to-Peer Electronic Cash System which introduced blockchain technology. Blockchain is a novel system that uses a distributed ledger to record transactions and ensure compliance. Blockchain technology relies on an ability to act as a vast, transparent, and secure public database.

It has since gained recognition as a tool to transform governance by creating a decentralized system to

  • manage and protect identity,
  • trace and track; and
  • incentivize smarter social and business contracts.

These applications cast blockchain as a tool to confront certain public problems in the digital age.

The readings below represent selected readings on the applications for governance. They have been categorized by theme – Governance Applications, Identity Protection and ManagementTracing and Tracking, and Smart Contracts.

Selected Reading List

Governance Applications

  • Atzori, Marcella – The Center for Blockchain Technologies (2015) Blockchain Technology and Decentralized Governance: Is the State Still Necessary?  Aims to investigate the political applications of blockchain, particularly in encouraging government decentralization by considering to what extent blockchain can be viewed as “hyper-political tools.” The paper suggests that the domination of private bodies in blockchain systems highlights the continued need for the State to remain as a central point of coordination.
  • Boucher, Philip. – European Parliamentary Research Service (2017) How blockchain technology could change our lives  This report commissioned by the European Parliamentary Research Service provides a deep introduction to blockchain theory and its applications to society and political systems, providing 2 page briefings on currencies, digital content, patents, e-voting, smart contracts, supply chains, and blockchain states.
  • Boucher, Philip. – Euroscientist (2017) Are Blockchain Applications Guided by Social Values?  This report by a policy analyst at the European Parliament’s Scientific foresight unit, evaluates the social and moral contours of blockchain technology, arguing that “all technologies have value and politics,” and blockchain is no exception. Calls for greater scrutiny on the possibility for blockchain to act as a truly distributed and transparent system without a “middleman.”
  • Cheng, Steve;  Daub, Matthew; Domeyer, Axel; and Lundqvist, Martin –McKinsey & Company (2017)  Using Blockchain to Improve Data Management in the Public SectorThis essay considers the potential uses of blockchain technology for the public sector to improve the security of sensitive information collected by governments and as a way to simplify communication with specialists.
  • De Filippi, Primavera; and Wright, Aaron –Paris University & Cordoza School of Law (2015)  Decentralized Blockchain Technology and the Rise of Lex Cryptographia – Looks at how to regulate blockchain technology, particularly given its implications on governance and society. Argues that a new legal framework needs to emerge to take into account the applications of self-executing blockchain technology.
  • Liebenau, Jonathan and Elaluf-Calderwood, Silvia Monica. – London School of Economics & Florida International University (2016) Blockchain Innovation Beyond Bitcoin and Banking. A paper that explores the potential of blockchain technology in financial services and in broader digital applications, considers regulatory possibility and frameworks, and highlights the innovative potential of blockchain.
  • Prpić, John – Lulea University of Technology (2017) Unpacking Blockchains – This short paper provides a brief introduction to the use of Blockchain outside monetary purposes, breaking down its function as a digital ledger and transaction platform.
  • Stark, Josh – Ledger Labs (2016) Making Sense of Blockchain Governance Applications This CoinDesk article discusses, in simple terms, how blockchain technology can be used to accomplish what is called “the three basic functions of governance.”
  • UK Government Chief Scientific Adviser (2016)  Distributed Ledger Technology: Beyond Blockchain – A report from the UK Government that investigates the use of blockchain’s “distributed leger” as a database for governments and other institutions to adopt.

Identity Protection and Management

  • Baars, D.S. – University of Twente (2016Towards Self-Sovereign Identity Using Blockchain Technology.  A study exploring self-sovereign identity – i.e. the ability of users to control their own digital identity – that led to the creation of a new architecture designed for users to manage their digital ID. Called the Decentralized Identity Management System, it is built on blockchain technology and is based on the concept of claim-based identity.
  • Burger, Eric and Sullivan, Clare Linda. – Georgetown University (2016) E-Residency and Blockchain. A case study focused on an Estonian commercial initiative that allows for citizens of any nation to become an “Estonian E-Resident.” This paper explores the legal, policy, and technical implications of the program and considers its impact on the way identity information is controlled and authenticated.
  • Nathan, Oz; Pentland, Alex ‘Sandy’; and Zyskind, Guy – Security and Privacy Workshops (2015) Decentralizing Privacy: Using Blockchain to Protect Personal Data Describes the potential of blockchain technology to create a decentralized personal data management system, making third-party personal data collection redundant.
  • De Filippi, Primavera – Paris University (2016) The Interplay Between Decentralization and Privacy: The Case of Blockchain Technologies  A journal entry that weighs the radical transparency of blockchain technology against privacy concerns for its users, finding that the apparent dichotomy is not as at conflict with itself as it may first appear.

Tracing and Tracking

  • Barnes, Andrew; Brake, Christopher; and Perry, Thomas – Plymouth University (2016) Digital Voting with the use of Blockchain Technology – A report investigating the potential of blockchain technology to overcome issues surrounding digital voting, from voter fraud, data security and defense against cyber attacks. Proposes a blockchain voting system that can safely and robustly manage these challenges for digital voting.
  • The Economist (2015), “Blockchains The Great Chain of Being Sure About Things.”  An exploratory article that explores the potential usefulness of a blockchain-based land registry in places like Honduras and Greece, transaction registries for trading stock, and the creation of smart contracts.
  • Lin, Wendy; McDonnell, Colin; and Yuan, Ben – Massachusetts Institute of Technology (2015)  Blockchains and electronic health records. – Suggests the “durable transaction ledger” fundamental to blockchain has wide applicability in electronic medical record management. Also, evaluates some of the practical shortcomings in implementing the system across the US health industry.

Smart Contracts

  • Iansiti, Marco; and Lakhani, Karim R. – Harvard Business Review (2017) The Truth about Blockchain – A Harvard Business Review article exploring how blockchain technology can create secure and transparent digital contracts, and what effect this may have on the economy and businesses.
  • Levy, Karen E.C. – Engaging Science, Technology, and Society (2017) Book-Smart, Not Street-Smart: Blockchain-Based Smart Contracts and The Social Workings of Law. Article exploring the concept of blockchain-based “smart contracts” – contracts that securely automate and execute obligations without a centralized authority – and discusses the tension between law, social norms, and contracts with an eye toward social equality and fairness.

Annotated Selected Reading List

Cheng, Steve, Matthias Daub, Axel Domeyer, and Martin Lundqvist. “Using blockchain to improve data management in the public sector.” McKinsey & Company. Web. 03 Apr. 2017. http://bit.ly/2nWgomw

  • An essay arguing that blockchain is useful outside of financial institutions for government agencies, particularly those that store sensitive information such as birth and death dates or information about marital status, business licensing, property transfers, and criminal activity.
  • Blockchain technology would maintain the security of such sensitive information while also making it easier for agencies to use and access critical public-sector information.
  • Despite its potential, a significant drawback for use by government agencies is the speed with which blockchain has developed – there are no accepted standards for blockchain technologies or the networks that operate them; and because many providers are start-ups, agencies might struggle to find partners that will have lasting power. Additionally, government agencies will have to remain vigilant to ensure the security of data.
  • Although best practices will take some time to develop, this piece argues that the time is now for experimentation – and that governments would be wise to include blockchain in their strategies to learn what methods work best and uncover how to best unlock the potential of blockchain.

“The Great Chain of Being Sure About Things.” The Economist. The Economist Newspaper, 31 Oct. 2015. Web. 03 Apr. 2017. http://econ.st/1M3kLnr

  • This is an exploratory article written in The Economist that examines the various potential uses of blockchain technology beyond its initial focus on bitcoin:
    • It highlights the potential of blockchain-based land registries as a way to curb human rights abuses and insecurity in much of the world (it specifically cites examples in Greece and Honduras);
    • It also highlights the relative security of blockchain while noting its openness;
    • It is useful as a primer for how blockchain functions as tool for a non-specialist;
    • Discusses “smart contracts” (about which we have linked more research above);
    • Analyzes potential risks;
    • And considers the potential future unlocked by blockchain
  • This article is particularly useful as a primer into the various capabilities and potential of blockchain for interested researchers who may not have a detailed knowledge of the technology or for those seeking for an introduction.

Iansiti, Marco and Lakhani, Karim R. “The Truth About Blockchain.” Harvard Business Review. N.p., 17 Feb. 2017. Web. 06 Apr. 2017. http://bit.ly/2hqo3FU

  • This entry into the Harvard Business Review discusses blockchain’s ability to solve the gap between emerging technological progress and the outdated ways in which bureaucracies handle and record contracts and transactions.
  • Blockchain, the authors argue, allows us to imagine a world in which “contracts are embedded in digital code and stored in transparent, shared databases, where they are protected from deletion, tampering, and revision”, allowing for the removal of intermediaries and facilitating direct interactions between individuals and institutions.
  • The authors compare the emergence of blockchain to other technologies that have had transformative power, such as TCP/IP, and consider the speed with which they have proliferated and become mainstream.
    • They argue that like TCP/IP, blockchain is likely decades away from maximizing its potential and offer frameworks for the adoption of the technology involving both single-use, localization, substitution, and transformation.
    • Using these frameworks and comparisons, the authors present an investment strategy for those interested in blockchain.

IBM Global Business Services Public Sector Team. “Blockchain: The Chain of Trust and its Potential to Transform Healthcare – Our Point of View.” IBM. 2016. http://bit.ly/2oBJDLw

  • This enthusiastic business report from IBM suggests that blockchain technology can be adopted by the healthcare industry to “solve” challenges healthcare professionals face. This is primarily achieved by blockchain’s ability to streamline transactions by establishing trust, accountability, and transparency.
  • Structured around so-called “pain-points” in the healthcare industry, and how blockchain can confront them, the paper looks at 3 concepts and their application in the healthcare industry:
    • Bit-string cryptography: Improves privacy and security concerns in healthcare, by supporting data encryption and enforces complex data permission systems. This allows healthcare professionals to share data without risking the privacy of patients. It also streamlines data management systems, saving money and improving efficiency.
    • Transaction Validity: This feature promotes the use of electronic prescriptions by allowing transactional trust and authenticated data exchange. Abuse is reduced, and abusers are more easily identified.
    • Smart contracts: This streamlines the procurement and contracting qualms in healthcare by reducing intermediaries. Creates a more efficient and transparent healthcare system.
  • The paper goes on to signal the limitations of blockchain in certain use cases (particularly in low-value, high-volume transactions) but highlights 3 use cases where blockchain can help address a business problem in the healthcare industry.
  • Important to keep in mind that, since this paper is geared toward business applications of blockchain through the lens of IBM’s investments, the problems are drafted as business/transactional problems, where blockchain primarily improves efficiency than supporting patient outcomes.

Nathan, Oz; Pentland, Alex ‘Sandy’; and Zyskind, Guy “Decentralizing Privacy: Using Blockchain to Protect Personal Data” Security and Privacy Workshops (SPW). 2015. http://bit.ly/2nPo4r6

  • This technical paper suggests that anonymization and centralized systems can never provide complete security for personal data, and only blockchain technology, by creating a decentralized data management system, can overcome these privacy issues.
  • The authors identify 3 common privacy concerns that blockchain technology can address:
    • Data ownership: users want to own and control their personal data, and data management systems must acknowledge this.
    • Data transparency and auditability: users want to know what data is been collected and for what purpose.
    • Fine-grained access control: users want to be able to easily update and adapt their permission settings to control how and when third-party organizations access their data.
  • The authors propose their own system designed for mobile phones which integrates blockchain technology to store data in a reliable way. The entire system uses blockchain to store data, verify users through a digital signature when they want to access data, and creates a user interface that individuals  can access to view their personal data.
  • Though much of the body of this paper includes technical details on the setup of this blockchain data management system, it provides a strong case for how blockchain technology can be practically implemented to assuage privacy concerns among the public. The authors highlight that by using blockchain “laws and regulations could be programmed into the blockchain itself, so that they are enforced automatically.” They ultimately conclude that using blockchain in such a data protection system such as the one they propose is easier, safer, and more accountable.

Wright, Aaron, and Primavera De Filippi. “Decentralized blockchain technology and the rise of lex cryptographia.” 2015. Available at SSRN http://bit.ly/2oujvoG

  • This paper proposes that the emergence of blockchain technology, and its various applications (decentralized currencies, self-executing contracts, smart property etc.), will necessitate the creation of a new subset of laws, termed by the authors as “Lex Cryptographia.”
  • Considering the ability for blockchain to “cut out the middleman” there exist concrete challenges to law enforcement faced by the coming digital revolution brought by the technology. These encompass the very benefits of blockchain; for instance, the authors posit that the decentralized, autonomous nature of blockchain systems can act much like “a biological virus or an uncontrollable force of nature” if the system was ill-intentioned. Though this same system can regulate the problems of corruption and hierarchy associated with traditional, centralized systems, their autonomy poses an obvious obstacle for law-enforcement.
  • The paper goes on to details all the possible benefits and societal impacts of various applications of blockchain, finally suggesting there exists a need to “rethink” traditional models of regulating society and individuals. They predict a rise in Lex Cryptographia “characterized by a set of rules administered through self-executing smart contracts and decentralized (and potentially autonomous) organizations.” Much of these regulations depend upon the need to supervise restrictions placed upon blockchain technology that may chill its application, for instance corporations who may choose to purposefully avoid including any blockchain-based applications in their search engines so as to stymie the adoption of this technology.

Building State Capability: Evidence, Analysis, Action


(Open Access) Book by Matt Andrews, Lant Pritchett, and Michael Woolcock: “…Governments play a major role in the development process, and constantly introduce reforms and policies to achieve developmental objectives. Many of these interventions have limited impact, however; schools get built but children don’t learn, IT systems are introduced but not used, plans are written but not implemented. These achievement deficiencies reveal gaps in capabilities, and weaknesses in the process of building state capability.

This book addresses these weaknesses and gaps. It starts by providing evidence of the capability shortfalls that currently exist in many countries, showing that many governments lack basic capacities even after decades of reforms and capacity building efforts. The book then analyses this evidence, identifying capability traps that hold many governments back – particularly related to isomorphic mimicry (where governments copy best practice solutions from other countries that make them look more capable even if they are not more capable) and premature load bearing (where governments adopt new mechanisms that they cannot actually make work, given weak extant capacities). The book then describes a process that governments can use to escape these capability traps. Called PDIA (problem driven iterative adaptation), this process empowers people working in governments to find and fit solutions to the problems they face. The discussion about this process is structured in a practical manner so that readers can actually apply tools and ideas to the capability challenges they face in their own contexts. These applications will help readers devise policies and reforms that have more impact than those of the past….(More)”.

Intelligence and Information Gathering through Deliberative Crowdsourcing


Benjamin Y. Clark, Nicholas Zingale, Joseph Logan in the Journal of Public and NonProfit Affairs: “The hollowing of the state has added new challenges for administrators attending to the competing values of the administration. This article examines how the wisdom of the crowds can be used in a deliberative manner to extract new knowledge through crowdsourcing. We will specifically examine cases of intelligence and information gathering through the analysis of a suspected nuclear reactor in Syria and the use of the crowd in mapping unknown or rapidly changing environments. Through case analysis, this article seeks to understand if crowdsourcing can offer a potential opportunity for public managers to reduce transactions costs while engaging the crowd in a form of deliberative governance to understand and potentially solve public problems. Our approach involves applying the seven lessons of deliberative governance (Scott, Adams, & Wechsler, 2004) to our cases in order to produce five administrative concepts for creating mini-publics for deliberative crowdsourcing….(More)”.

Using Blockchain to Keep Public Data Public


Brian Forde at Harvard Business Review: “…Data is under attack. And it is the leaders of our government and economy who are waging this war. They have made it acceptable to manipulate raw data in a way that benefits them financially or politically — and it has lowered public confidence in the veracity of information. These are institutions we rely on every day to make the policy and business decisions that affect our economy and society at large. If anyone is allowed to simply change a number or delete a data set, who — and what — are citizens supposed to believe? How can we get our data back?

The answer lies with the public — public blockchains, to be specific….A public blockchain, like the one bitcoin uses, is a ledger that keeps time-stamped records of every transaction. Recording a transaction on a public blockchain is the digital equivalent of writing something in stone — it’s permanent. More important, it’s publicly available for anyone to see and verify.

The first public blockchain was conceived of as a way to record financial transactions, but people have started using it as a way to timestamp the existence of digital files, such as documents or images. The public blockchain establishes that a specific person or entity had possession of a file at a specific date and time. Useful for patent or copyright claims, the blockchain could also ensure that a government agency or company verifiably published its data — and allow the public to access and confirm that the file they have is the same one that was signed and time-stamped by the creator.

The time-stamp and signature alone don’t prove that the data is accurate, of course. Other forms of checks and balances, such as comparing data against tax or SEC filings, can be added to ensure that there are legal ramifications for entities that manipulate their data. In the same way, government data, like employment or climate data, could be checked against local, state, or academically collected information that has already been time-stamped and signed by credible institutions.

Using the public blockchain in this manner would not only address our data access and manipulation issues but also lay the groundwork for a better system to more efficiently and effectively regulate the fastest-moving startups. Some tech companies, with their near-instantaneous feedback loops, believe they can regulate their ecosystems more efficiently and effectively than governments can, with its antiquated, in-person inspection efforts. And there’s some truth to that. Right now, many local and state governments regulate ride sharing and home sharing in ways similar to how they regulate taxis and hotels, with a combination of police officers, signs, and consumer complaints through 3-1-1 calls. At the same time, governments have watched these startups manipulate their data, and are therefore reticent to trust a company that might put its financial motivations ahead of regulation.

With each party wary of the other’s motives and practices, it’s been difficult to settle on a compromise. But if governments and emerging technology companies used the public blockchain, both parties could achieve what they want. Companies could move fast, and consumer safety and rights would be protected….(More)”.

Welcome to E-Estonia, the tiny nation that’s leading Europe in digital innovation


 in The Conversation: “Big Brother does “just want to help” – in Estonia, at least. In this small nation of 1.3 million people, citizens have overcome fears of an Orwellian dystopia with ubiquitous surveillance to become a highly digital society.

The government took nearly all its services online in 2003 with the e-Estonia State Portal. The country’s innovative digital governance was not the result of a carefully crafted master plan, it was a pragmatic and cost-efficient response to budget limitations.

It helped that citizens trusted their politicians after Estonia regained independence in 1991. And, in turn, politicians trusted the country’s engineers, who had no commitment to legacy hardware or software systems, to build something new.

This proved to be a winning formula that can now benefit all the European countries.

The once-only principle

With its digital governance, Estonia introduced the “once-only” principle, mandating that the state is not allowed to ask citizens for the same information twice.

In other words, if you give your address or a family member’s name to the census bureau, the health insurance provider will not later ask you for it again. No department of any government agency can make citizens repeat information already stored in their database or that of some other agency….The once-only principle has been such a big success that, based on Estonia’s common-sense innovation, the EU enacted a digital Once Only Principle and Initiative early this year. It ensures that “citizens and businesses supply certain standard information only once, because public administration offices take action to internally share this data, so that no additional burden falls on citizens and businesses.”…

‘Twice-mandatory’ principle

Governments should always be brainstorming, asking themselves, for example, if one government agency needs this information, who else might benefit from it? And beyond need, what insights could we glean from this data?

Financier Vernon Hill introduced an interesting “One to Say YES, Two to Say NO” rule when founding Metro Bank UK: “It takes only one person to make a yes decision, but it requires two people to say no. If you’re going to turn away business, you need a second check for that.”

Imagine how simple and powerful a policy it would be if governments learnt this lesson. What if every bit of information collected from citizens or businesses had to be used for two purposes (at least!) or by two agencies in order to merit requesting it?

The Estonian Tax and Customs Board is, perhaps unexpectedly given the reputation of tax offices, an example of the potential for such a paradigm shift. In 2014, it launched a new strategy to address tax fraud, requiring every business transaction of over €1,000 to be declared monthly by the entities involved.

To minimise the administrative burden of this, the government introduced an application-programming interface that allows information to be automatically exchanged between the company’s accounting software and the state’s tax system.

Though there was some negative push back in the media at the beginning by companies and former president Toomas Hendrik Ilves even vetoed the initial version of the act, the system was a spectacular success. Estonia surpassed its original estimate of €30 million in reduced tax fraud by more than twice.

Latvia, Spain, Belgium, Romania, Hungary and several others have taken a similar path for controlling and detecting tax fraud. But analysing this data beyond fraud is where the real potential is hidden….(More).”

The Governance Report 2017


Report by The Hertie School of Governance: “Looking at recent developments around the world, it seems that democratic values — from freedom of association and speech to fair and free elections and a system of checks and balances — have come under threat. Experts have, however, disproportionately focused on the problems of democracy in the West, and pointed to familiar sets of shortcomings and emerging deficiencies. By contrast, and with few exceptions, there is less attention to assessing the numerous efforts and innovative activities that are taking place at local, national and international levels. They seek to counteract backsliding and subversion by improving resilience and consolidation and by promoting the expansion of democracy, especially in an era of limited sovereignty and, frequently also, statehood.

The Governance Report 2017 focuses on those policies, programs, and initiatives meant to address the causes of the current democratic malaise, to foster democratic resilience, and to stimulate the (re-)consolidation and development of democratic regimes. The Report’s ambition, reflecting its evidence-based approach, is to shed light on how to manage and care for democracy itself. Specifically, against the backdrop of an assessment of the state of democracy and enriched by cross-national, comparative indicators and case studies, the Report emphasizes solutions geared toward enhancing citizen participation and improving institutions in various contexts, including the rise of neo-populism. Going beyond descriptions of best practices, the Report also examines their origins, identifies the actual and potential trade-offs these solutions entail, and makes concrete recommendations to policymakers….(More)”

Entrepreneurial Administration


Research Paper by Phil Weiser: “A core failing of today’s administrative state and modern administrative law scholarship is the lack of imagination as to how agencies should operate. On the conventional telling, public agencies follow specific grants of regulatory authority, use the traditional tools of notice-and-comment rulemaking and adjudication, and are checked by judicial review. In reality, however, effective administration depends on entrepreneurial leadership that spearheads policy experimentation and trial-and-error problem-solving, including the development of regulatory programs that use non-traditional tools.

Entrepreneurial administration takes place both at public agencies and private entities, each of which can address regulatory challenges and earn regulatory authority as a result. Consider, for example, that Energy Star, a successful program that has encouraged the manufacture and sale of energy efficient appliances, is developed and overseen by the Environmental Protection Agency (EPA). After the EPA established the program, Congress later codified it and, eventually, other countries followed suit. By contrast, the successful and complementary program encouraging the construction of energy efficient buildings, the well-respected LEED standard, is developed and overseen by a private organization. After it was developed, a number of governmental authorities endorsed it and have encouraged LEED-certified construction projects with both carrots and sticks. Significantly, while neither the Energy Star nor the LEED program were originally anticipated by any regulatory statute, both have had a tremendous impact.

The Energy Star and LEED case studies exemplify the sort of innovative regulatory strategies that are taking root in the modern administrative state. Despite the importance of entrepreneurial administration in practice, scholars have failed to examine the role of entrepreneurial leadership in spurring policy innovation and earning regulatory authority for an agency (or private entity). In short, administrative law needs a richer and more textured account of agency action, why entrepreneurial leadership matters in government, and how agencies should operate.

This Article explains that the conventional view of agency behavior — either following the specific direction of Congress or the President to use notice-and-comment rulemaking or adjudication processes — does not adequately portray how public agencies and private entities develop innovative regulatory strategies and earn regulatory authority as a result. In particular, this Article explains how governmental agencies like the EPA or private entities like the Green Building Council (which oversees the LEED standard) depend on entrepreneurial leadership to develop experimental regulatory strategies. It also explains how, in the wake of such experiments, legislative bodies have the opportunity to evaluate regulatory innovations in practice before deciding whether to embrace, revise, reject, or merely tolerate them.

This Article highlights the importance of entrepreneurial leadership in government, providing a number of examples of emerging regulatory experiments and suggesting how Congress should evaluate such experiments. This discussion explains how entrepreneurial leadership and a culture of experimentation and trial-and-error learning is necessary to develop innovative strategies and overcome the pressure to manage the status quo. In so doing, the Article underscores how policy entrepreneurship is integral to agency effectiveness, an important corrective to public choice theory, and a missing piece of modern administrative law scholarship….(More)”.

Innovations in Federal Statistics: Combining Data Sources While Protecting Privacy


Report by the National Academies of Sciences’s Panel on Improving Federal Statistics for Policy and Social Science: “Federal government statistics provide critical information to the country and serve a key role in a democracy. For decades, sample surveys with instruments carefully designed for particular data needs have been one of the primary methods for collecting data for federal statistics. However, the costs of conducting such surveys have been increasing while response rates have been declining, and many surveys are not able to fulfill growing demands for more timely information and for more detailed information at state and local levels.

Innovations in Federal Statistics examines the opportunities and risks of using government administrative and private sector data sources to foster a paradigm shift in federal statistical programs that would combine diverse data sources in a secure manner to enhance federal statistics. This first publication of a two-part series discusses the challenges faced by the federal statistical system and the foundational elements needed for a new paradigm….(More)”

Civic Tech & GovTech: An Overlooked Lucrative Opportunity for Technology Startups


Elena Mesropyan at LTP: “Civic technology, or Civic Tech, is defined as a technology that enables greater participation in government or otherwise assists government in delivering citizen services and strengthening ties with the public. In other words, Civic Tech is where the public lends its talents, usually voluntarily, to help government do a better job. Moreover, Omidyar Network(which invested over $90 million across 35 civic tech organizations over the past decade) emphasizes that like a movement, civic tech is mission-driven, focused on making a change that benefits the public, and in most cases enables better public input into decision making.

As an emerging sector, Civic Tech is defined as incorporating any technology that is used to empower citizens or help make government more accessible, efficient, and effective. Civic tech isn’t just talk, Omidyar notes, it is a community of people coming together to create tangible projects and take action. The civic tech and open data movements have grown with the ubiquity of personal technology.

Civic tech can be defined as a convergence of various fields. An example of such convergence has been given by Knight Foundation, a national foundation with a goal to foster informed and engaged communities to power a healthy democracy:

Civic Tech & GovTech: An Overlooked Lucrative Opportunity for Technology Startups

Source: The Emergence of Civic Tech: Investments in a Growing Field

In the report called Engines of Change: What Civic Tech Can Learn From Social Movements, Civic Tech is divided into three categories:

  • Citizen to Citizen (C2C): Technology that improves citizen mobilization or improves connections between citizens
  • Citizen to Government (C2G): Technology that improves the frequency or quality of interaction between citizens and government
  • Government Technology (Govtech): Innovative technology solutions that make government more efficient and effective at service delivery

In 2015, Forbes reported that Civic Tech makes up almost a quarter of local and state government spendings on technology….

Civic tech initiatives address a diverse range of industries – from energy and payments to agriculture and telecommunications. Mattermark outlines the following top ten industries associated with government and civic tech:

…There are certainly much more examples of GovTech/civic tech companies, and just tech startups offering solutions across the board that can significantly improve the way governments are run, and services are delivered to citizens and businesses. More importantly, GovTech should no longer be considered a charity and solely non-profit type of venture. Recently reviewed global P2G payments flows only, for example, are estimated to be at $7.7 trillion and represent a significant feature of the global payments landscape. For the low- and lower-middle-income countries alone, the number hits $375 billion (~50% of annual government expenditure)….(More)”