Rule by the lowest common denominator? It’s baked into democracy’s design


 in The Conversation: “The Trump victory, and the general disaster for Democrats this year, was the victory of ignorance, critics moan.

Writing in Foreign Policy, Georgetown’s Jason Brennan called it “the dance of the dunces” and wrote that “Trump owes his victory to the uninformed.”…

For liberals, Trump’s victory was the triumph of prejudice, bigotry and forces allied against truth and expertise in politics, science and culture at large. Trump brandishes unconcern for traditional political wisdom and protocol – much less facts – like a badge of honor, and his admirers roar with glee. His now famous rallies, the chastened media report, are often scary, sometimes giving way to violence, sometimes threatening to spark broader recriminations and social mayhem. This is a glimpse of how tyrants rise to power, some political minds worry; this is how tyrants enlist the support of rabid masses, and get them to do their bidding.

For the contemporary French philosopher Jacques Rancière, however, the Trump victory provides a useful reminder of the essential nature of democracy – a reminder of what precisely makes it vibrant. And liable to lapse into tyranny at once….

Democracy is rule by the rabble, in Plato’s view. It is the rule by the lowest common denominator. In a democracy, passions are inflamed and proliferate. Certain individuals may take advantage of and channel the storm of ignorance, Plato feared, and consolidate power out of a desire to serve their own interests.

As Rancière explains, there is a “scandal of democracy” for Plato: The best and the high born “must bow before the law of chance” and submit to the rule of the inexpert, the commoner, who knows little about politics or much else.

Merit ought to decide who rules, in Plato’s account. But democracy consigns such logic to the dustbin. The rabble may decide they want to be ruled by one of their own – and electoral conditions may favor them. Democracy makes it possible that someone who has no business ruling lands at the top. His rule may prove treacherous, and risk dooming the state. But, Rancière argues, this is a risk democracies must take. Without it, they lack legitimacy….

Rancière maintains people more happily suffer authority ascribed by chance than authority consigned by birth, merit or expertise. Liberals may be surprised about this last point. According to Rancière, expertise is no reliable, lasting or secure basis for authority. In fact, expertise soon loses authority, and with it, the legitimacy of the state. Why?…(More)”

Towards a sociology of institutional transparency: openness, deception, and the problem of public trust


S. Moore in Sociology: “Transparency has become the watchword of twenty-first century liberal democracies. It refers to a project of ‘opening up’ the state by providing online access to public sector data. This article puts forward a sociological critique of the transparency agenda and the purported relationship between institutional openness and public trust. Drawing upon Simmel’s (1906) work, the article argues that open government initiatives routinely prize visibility over intelligibility and ignore the communicative basis of trust. The result is a non-reciprocal form of openness that obscures more than it reveals. In making this point, the article suggests that transparency embodies the ethos of a now-discredited mode of ‘instrumental politics’, reliant on the idea that the state constitutes a ‘domain of plain public facts’ (Ezrahi, 2004: 106). The article examines how alternative mechanisms for achieving government openness might better respond to the distinctive needs of citizens living in late modern societies….(More)”.

Notable Privacy and Security Books from 2016


Daniel J. Solove at Technology, Academics, Policy: “Here are some notable books on privacy and security from 2016….

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy

From my blurb: “Chris Hoofnagle has written the definitive book about the FTC’s involvement in privacy and security. This is a deep, thorough, erudite, clear, and insightful work – one of the very best books on privacy and security.”

My interview with Hoofnagle about his book: The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

My further thoughts on the book in my interview post above: “This is a book that all privacy and cybersecurity lawyers should have on their shelves. The book is the most comprehensive scholarly discussion of the FTC’s activities in these areas, and it also delves deep in the FTC’s history and activities in other areas to provide much-needed context to understand how it functions and reasons in privacy and security cases. There is simply no better resource on the FTC and privacy. This is a great book and a must-read. It is filled with countless fascinating things that will surprise you about the FTC, which has quite a rich and storied history. And it is an accessible and lively read too – Chris really makes the issues come alive.”

Gary T. Marx, Windows into the Soul: Surveillance and Society in an Age of High Technology

From Peter Grabosky: “The first word that came to mind while reading this book was cornucopia. After decades of research on surveillance, Gary Marx has delivered an abundant harvest indeed. The book is much more than a straightforward treatise. It borders on the encyclopedic, and is literally overflowing with ideas, observations, and analyses. Windows into the Soul commands the attention of anyone interested in surveillance, past, present, and future. The book’s website contains a rich abundance of complementary material. An additional chapter consists of an intellectual autobiography discussing the author’s interest in, and personal experience with, surveillance over the course of his career. Because of its extraordinary breadth, the book should appeal to a wide readership…. it will be of interest to scholars of deviance and social control, cultural studies, criminal justice and criminology. But the book should be read well beyond the towers of academe. The security industry, broadly defined to include private security and intelligence companies as well as state law enforcement and intelligence agencies, would benefit from the book’s insights. So too should it be read by those in the information technology industries, including the manufacturers of the devices and applications which are central to contemporary surveillance, and which are shaping our future.”

Susan C. Lawrence, Privacy and the Past: Research, Law, Archives, Ethics

From the book blurb: “When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work.”

Ronald J. Krotoszynski, Privacy Revisited: A Global Perspective on the Right to Be Left Alone

From Mark Tushnet: “Professor Krotoszynski provides a valuable overview of how several constitutional systems accommodate competing interests in privacy, speech, and democracy. He shows how scholarship in comparative law can help one think about one’s own legal system while remaining sensitive to the different cultural and institutional settings of each nation’s law. A very useful contribution.”

Laura K. Donohue, The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age

Gordon Corera, Cyberspies: The Secret History of Surveillance, Hacking, and Digital Espionage

J. Macgregor Wise, Surveillance and Film…(More; See also Nonfiction Privacy + Security Books).

Inside the Digital Revolution


Heather Brooks in the Journal of International Affairs: “Technology and transparency combined to create the digital revolution, which in turn has ushered in a new form o f monitory democracy. Communicative abundance and global interconnection mean the democratic franchise can expand and deepen, but the author argues that it matters who is made transparent and for what purpose. Content and context matter. Technology and transparency can be used to strengthen democracy by opening up government to citizens, but the same tools can also be used by the state to surveil and disempower citizens, thereby damaging democracy. The author uses three case studies to discuss the impact o f digitizing information on power relations between citizens and states. First, her observations as the journalist and litigant in the legal case that forced the digitization o f UK parliamentary expense records, which when leaked created one o f the biggest political scandals in that country for decades. Second, she obtained the entire set o f U. S. diplomatic cables and reported on their contents for the Guardian. Lastly, she served as a member o f the Independent Surveillance Review Panel, set up by the UK government to investigate allegations made by Edward Snowden that the UK and U.S. governments were conducting mass surveillance programs that were potentially illegal and lacked adequate oversight. The case studies show how journalism is integral not only to identifying useful civic information but also maximizing the public good from leaked information while minimizing harm….(More)”

Could Technology Remove the Politicians From Politics?


Sue Brideshead at Motherboard: “The tech industry has talked long and hard about democratizing industries. Democratizing content, democratizing taxi-cabs, and democratizing bed and breakfasts. But what about democratizing democracy?

Disruption is the word of the moment in Washington, thanks to an incoming president who counts his inexperience in government as an asset. It remains to be seen what kind of disruption Trump will bestow upon the White House, but efforts at disruption from the technology world have refined and chipped at only the topmost layer of inefficiencies. Mark Zuckerberg has poured cash into a broken school district; programmers have toyed with ways to secure digital ballots; and analysts have sought (and failed) to hone the political poll. The team of engineers Barack Obama lured to Washington has been tasked with fixing podunk websites and backend systems. But what they have failed to identify as a problem is the very system that elected their boss. Because beyond the topmost layer of government gunk lies a broad and broken structure: the idea of representation itself. In the era of the internet, the very premise of sending a man to Washington or a woman to city council is badly in need of an upgrade.

The idea of a political representative evolved out of necessity. Townspeople couldn’t afford to take a day off and ride a horse to the capital. They needed to agree upon one guy who would more or less say what they were thinking, and they voted to pick the right guy for the job.

Horses became model T’s became jets flying politicians from their constituencies to the District of Columbia, ostensibly to have an ear to the ground in their home state and a hand to the buzzers on the Senate floor. But travel—and voter awareness—requires cash that drives up the price of running for office.

The Republican President-elect scored votes by calling Washington “corrupt” and “criminal,” “rigged” and “stagnant,” but “quaint” is the first adjective I think of. In the era of the iPhone, sending a man or woman to Washington to “represent” a district back home can feel about as forward-thinking as sending an intern to Amazon headquarters to pick up the new DeLillo. Why do congressional offices read bills in hard-copy, in private, while their constituents draft their work in Google Docs? Why does a senator have to stand on the Senate floor to hear arguments or to vote, when her constituents watch proceedings on C-Span and vote for which Game of Thrones heroine her hair most resembles on BuzzFeed?..

….The price of running for office is now astronomical, literally; a New Hampshire senate race tops the cost of sending your satellite to low earth orbit with SpaceX’s rocket…But the most disturbing fact of our Republic is an upsurge of anti-intellectual rhetoric. An ongoing protest of California’s default direct democracy—its barrage of referendums—is fueled by the disturbing fact that voters are likely to base their decision on a television advertisement. Referendum protesters rightly note that a system reliant on advertising hardly cuts money out of politics or ensures an informed electorate. But the premise of this protest rests on the assumption that a Representative is more informed than a television advertisement; that a Representative makes decisions by speaking with experts, using paid time and expertise…

…Fixing an existing problem with new technology often fuels new and terrifying questions. Displacing power simply raises the same questions of control and ownership in new places. For example, even without the risk of politicians becoming susceptible to lobbyists, voters could still be influenced by special interest groups that can afford to bombard voters with their message. But by distributing the power for change among the electorate, a direct democracy model would effectively make lobbying efforts much more expensive and inefficient….

…What I do know: our system is broken. Voters crave transparency, an end to political photo-ops, an end to the influence of television, of Facebook, a way to flush the lobbyists out of Washington and drag the cash out of politicians’ pockets. As a citizenry, we hold relatively little power to destroy lobbying; to reform pay-to-play; to transform the media industries; re-engineer Facebook, or temper the bad behavior of the wealthy and powerful. But our new technologies also mean that there’s one central component we might have the power to remove from government completely: the politicians. (More)”

Results of early Open Government Partnership initiatives


The Open Government Partnership: “The search for these stories ended with finding seven very different reform initiatives in different regions and covering a broad range of open government topics.

In Costa Rica, we learn about how the government is using its participation in OGP to restart a process halted for 23 years to create a consultation mechanism that will allow indigenous groups to participate in all policy making decisions that affect them, and the results of the dialogue leading to an improvement in the delivery of public services.

The Chilean story documents how a 10-year campaign to regulate influence peddling was given a boost by an explicit commitment included in the first Chilean action plan to introduce legislation to regulate lobbying – a commitment since fulfilled. The resulting Lobbying Act sheds new light on the relationship between officials and influence groups and is beginning to democratize access to authorities.

Italy’s OpenCoesione and its spin-off initiatives show how top-down open data initiatives on public spending can be combined with bottom-up, data-driven monitoring to promote accountability and public participation in the policy-making process, including promoting civic engagement amongst school students.

The Tanzanian case study tells the story of how the “How Do I?” – or “Nifanyeje?” – website is making information on basic public services available to citizens and cutting down transaction times and costs, but it also highlights the need to still reach the last mile in a country where Internet penetration remains low.

Indonesia’s initiative to create a One Map portal with official base maps for the country, part of a much larger initiative of synchronizing various maps for the country that when completed could help resolve land-related conflicts and address illegal deforestation, shows technical progress and some improvements in inter-agency cooperation.

In Macedonia, we learn how opening up data on air quality has acted as an engine for civic activism and about short and medium-term policy options being implemented and explored by the relevant authorities as a result.

Finally, the case from Israel shows how collaboration between civil society and champions within the Parliament is helping make data on the state budget accessible to citizens, journalists, and the parliamentarians themselves.

Each story demonstrates measurable progress and the added value of the collaboration between government and civil society that is at the very heart of OGP. The stories also show the immense importance of political will, bureaucratic buy-in, adequate resourcing, and demand-side calls for accountability in ensuring that the reforms take root and continue into the future, so that their impact can be felt by a broader range of citizens. In that sense, the last chapter for each story is still to be written. In a majority of the cases, these commitments’ inclusion in the OGP National Action Plans gave prominence and momentum to the envisioned reforms, helping them along. We hope to be able to continue to track these reforms in the years to come….(More)”.

A Blueprint for Pro-Peace Innovation


Jason Miklian and Kristian Hoelscher for Harvard International Review (HIR): “Innovators and scholars can meaningfully collaborate to shape peaceful societies. We offer five steps they can take together.

Peace and conflict studies knowledge has expanded dramatically over the last 25 years, and we know much more about why conflicts start and how they can be prevented. At the same time, innovation and technology startups have started to try to tackle peace and conflict issues, beginning new efforts to create more peaceful societies. But innovators have thus far had little interaction with peace scholars as they try to build peace, even as many express a deep interest to positively improve the lives of those in fragile and conflict-affected regions across the globe.

While allocating tech billions for future moonshots seems commonplace, it’s much harder to get funding for projects that actively help those suffering from conflict and violence today. We contend that there is untapped value in promoting joint efforts between academics and innovators to build new violence prevention and peacebuilding tools, and being guided by state-of-the-art peace research will maximize their chances for positive societal impact. By integrating researchers’ deep knowledge of the economic, political and spatial dynamics of peace and conflict processes with innovation and entrepreneurship, we can develop new technologies that support human security and peacebuilding around the globe.

In support, we outline here several opportunities for those working in innovation spaces to become peacebuilders, and call to for innovators and scholars to dramatically increase collaboration. Highlighting the state-of-the-art innovations that are trying to build peace today, we examine select challenges that actors in this space currently face, and outline how innovator-academic partnerships can help address some of today’s most intractable global peace and conflict problems. We call for five ways to take peace innovation forward:

  1. Build the scholar–entrepreneur–policy triad of peace innovation
  2. ‘Disrupt Conflict’ – but do so with informed purpose
  3. Promote ethical innovation through culturally-sensitive engagement
  4. Make innovations that deliver specific positive impacts in conflict environments
  5. Globalize the peace-innovation playing field…(More)”

Science Can Restore America’s Faith in Democracy


Ariel Procaccia in Wired: “…Like most other countries, individual states in the US employ the antiquated plurality voting system, in which each voter casts a vote for a single candidate, and the person who amasses the largest number of votes is declared the winner. If there is one thing that voting experts unanimously agree on, it is that plurality voting is a bad idea, or at least a badly outdated one….. Maine recently became the first US state to adopt instant-runoff voting; the approach will be used for choosing the governor and members of Congress and the state legislature….

So why aren’t we already using cutting-edge voting systems in national elections? Perhaps because changing election systems usually itself requires an election, where short-term political considerations may trump long-term, scientifically grounded reasoning….Despite these difficulties, in the last few years state-of-the-art voting systems have made the transition from theory to practice, through not-for-profit online platforms that focus on facilitating elections in cities and organizations, or even just on helping a group of friends decide where to go to dinner. For example, the Stanford Crowdsourced Democracy Team has created an online tool whereby residents of a city can vote on how to allocate the city’s budget for public projects such as parks and roads. This tool has been used by New York City, Boston, Chicago, and Seattle to allocate millions of dollars. Building on this success, the Stanford team is experimenting with groundbreaking methods, inspired by computational thinking, to elicit and aggregate the preferences of residents.

The Princeton-based project All Our Ideas asks voters to compare pairs of ideas, and then aggregates these comparisons via statistical methods, ultimately providing a ranking of all the ideas. To date, roughly 14 million votes have been cast using this system, and it has been employed by major cities and organizations. Among its more whimsical use cases is the Washington Post’s 2010 holiday gift guide, where the question was “what gift would you like to receive this holiday season”; the disappointingly uncreative top idea, based on tens of thousands of votes, was “money”.

Finally, the recently launched website RoboVote (which I created with collaborators at Carnegie Mellon and Harvard) offers AI-driven voting methods to help groups of people make smart collective decisions. Applications range from selecting a spot for a family vacation or a class president, to potentially high-stakes choices such as which product prototype to develop or which movie script to produce.

These examples show that centuries of research on voting can, at long last, make a societal impact in the internet age. They demonstrate what science can do for democracy, albeit on a relatively small scale, for now….(More)’

Privacy of Public Data


Paper by Kirsten E. Martin and Helen Nissenbaum: “The construct of an information dichotomy has played a defining role in regulating privacy: information deemed private or sensitive typically earns high levels of protection, while lower levels of protection are accorded to information deemed public or non-sensitive. Challenging this dichotomy, the theory of contextual integrity associates privacy with complex typologies of information, each connected with respective social contexts. Moreover, it contends that information type is merely one among several variables that shape people’s privacy expectations and underpin privacy’s normative foundations. Other contextual variables include key actors – information subjects, senders, and recipients – as well as the principles under which information is transmitted, such as whether with subjects’ consent, as bought and sold, as required by law, and so forth. Prior work revealed the systematic impact of these other variables on privacy assessments, thereby debunking the defining effects of so-called private information.

In this paper, we shine a light on the opposite effect, challenging conventional assumptions about public information. The paper reports on a series of studies, which probe attitudes and expectations regarding information that has been deemed public. Public records established through the historical practice of federal, state, and local agencies, as a case in point, are afforded little privacy protection, or possibly none at all. Motivated by progressive digitization and creation of online portals through which these records have been made publicly accessible our work underscores the need for more concentrated and nuanced privacy assessments, even more urgent in the face of vigorous open data initiatives, which call on federal, state, and local agencies to provide access to government records in both human and machine readable forms. Within a stream of research suggesting possible guard rails for open data initiatives, our work, guided by the theory of contextual integrity, provides insight into the factors systematically shaping individuals’ expectations and normative judgments concerning appropriate uses of and terms of access to information.

Using a factorial vignette survey, we asked respondents to rate the appropriateness of a series of scenarios in which contextual elements were systematically varied; these elements included the data recipient (e.g. bank, employer, friend,.), the data subject, and the source, or sender, of the information (e.g. individual, government, data broker). Because the object of this study was to highlight the complexity of people’s privacy expectations regarding so-called public information, information types were drawn from data fields frequently held in public government records (e.g. voter registration, marital status, criminal standing, and real property ownership).

Our findings are noteworthy on both theoretical and practical grounds. In the first place, they reinforce key assertions of contextual integrity about the simultaneous relevance to privacy of other factors beyond information types. In the second place, they reveal discordance between truisms that have frequently shaped public policy relevant to privacy. …(More)”

 

Tech is moving beyond cities to focus on civic engagement in every U.S. county


 at TechCrunch: “While gridlock has taken hold in a paralyzed Washington, D.C. mayors across the country are taking a pragmatic approach to solving local problems and its time for tech to reach out to them….

The United States has 3,0007 counties. And all of them have an appetite to shift the momentum from the federal government to the communities where people live and work. This can’t just involve coastal cities or urban areas within states. Rather, after Trump’s election, now is the moment to redouble policy efforts in communities across the country from states to rural counties.

Cities from Chicago, Los Angeles, Boston, to New York have been leading the way to think about how to provide better services and engagement opportunities.  They’ve been exciting places where rich networks of talent from academia to philanthropy have been helping foster ecosystems to catalyze new policy solutions….

There are a host of illustrative experiments occurring across communities that are leveraging policy innovation, data, and technology for more responsive and inclusive governance. The engagements that work focus on process to ensure that diverse stakeholders are a part of decision making….

Wisconsin:

In Eau Claire, Wisconsin a local organization called Clear Vision is teaming up with stakeholders on a poverty summit to reduce the number of people living poverty in income insecurity and build more resilient and inclusive communities. Citizen action groups will work on key issues they identify as part of the engagement process.

A key component of this poverty summit is to bring in traditionally marginalized communities into the process including low-income households, rural poor, youth and black and Hispanic communities. There is even a community-supported, nonprofit journalism site to support the local work in Eau Claire, Chippewa, and Dunn counties….

Oregon:

In Oregon, a “Kitchen Table” is enabling residents from across the state to contribute ideas, resources, and feedback to inform public policy. The Kitchen Table enables public officials to consult with representatives about key policy areas, crowdfund, and micro-lend for local startups and community businesses….

Another practice in Oregon is the Citizens Initiative Review, where a representative sampling of citizens convenes for deliberations over several days to discuss state ballot measures.  After being established by the state’s bipartisan legislature in 2009, there have been six random representative samples of citizens for multi-day deliberations to draft voting guides written for the people, by their neighbors….

 

This requires tapping into existing networks and civic organizations, leveraging data, technology and policy innovations, and re-shifting our focus from federal policy towards building an infrastructure of governance that is durable through collective development and buy-in from people…(More)”