Data Ownership: Exploring Implications for Data Privacy Rights and Data Valuation


Hearing by the Senate Committee on Banking, Housing and Urban Affairs:”…As a result of an increasingly digital economy, more personal information is available to companies than ever before.
Private companies are collecting, processing, analyzing and sharing considerable data on individuals for all kinds of purposes.

There have been many questions about what personal data is being collected, how it is being collected, with whom it is being shared and how it is being used, including in ways that affect individuals’ financial lives.

Given the vast amount of personal information flowing through the economy, individuals need real control over their personal data. This Committee has held a series of data privacy hearings exploring possible
frameworks for facilitating privacy rights to consumers. Nearly all have included references to data as a new currency or commodity.

The next question, then, is who owns it? There has been much debate about the concept of data ownership, the monetary value of personal information and its potential role in data privacy…..The witnesses will be: 

  1. Mr. Jeffrey Ritter Founding Chair, American Bar Association Committee on Cyberspace Law, External Lecturer
  2. Mr. Chad Marlow Senior Advocacy And Policy Counsel American Civil Liberties Union
  3. Mr. Will Rinehart Director Of Technology And Innovation Policy American Action Forum
  4. Ms. Michelle Dennedy Chief Executive Officer DrumWave Inc.

Rethinking Encryption


Jim Baker at Lawfare: “…Public safety officials should continue to highlight instances where they find that encryption hinders their ability to effectively and efficiently protect society so that the public and lawmakers understand the trade-offs they are allowing. To do this, the Justice Department should, for example, file an annual public report describing, as best it can, the continuing nature and scope of the going dark problem. If necessary, it can also file a classified annual report with the appropriate congressional committees.

But, for the reasons discussed above, public safety officials should also become among the strongest supporters of widely available strong encryption.

I know full well that this approach will be a bitter pill for some in law enforcement and other public safety fields to swallow, and many people will reject it outright. It may make some of my former colleagues angry at me. I expect that some will say that I’m simply joining others who have left the government and switched sides on encryption to curry favor with the tech sector in order to get a job. That is wrong. My dim views about cybersecurity risks, China and Huawei are essentially the same as those that I held while in government. I also think that my overall approach on encryption today—as well as my frustration with Congress—is generally consistent with the approach I had while I was in government.

I have long said—as I do here—that encryption poses real challenges for public safety officials; that any proposed technical solution must properly balance all of the competing equities; and that (absent an unlikely definitive judicial ruling as a result of litigation) Congress must change the law to resolve the issue. What has changed is my acceptance of, or perhaps resignation to, the fact that Congress is unlikely to act, as well as my assessment that the relevant cybersecurity risks to society have grown disproportionately over the years when compared with other risks….(More)”.

Should Consumers Be Able to Sell Their Own Personal Data?


The Wall Street Journal: “People around the world are confused and concerned about what companies do with the data they collect from their interactions with consumers.

A global survey conducted last fall by the research firm Ipsos gives a sense of the scale of people’s worries and uncertainty. Roughly two-thirds of those surveyed said they knew little or nothing about how much data companies held about them or what companies did with that data. And only about a third of respondents on average said they had at least a fair amount of trust that a variety of corporate and government organizations would use the information they had about them in the right way….

Christopher Tonetti, an associate professor of economics at Stanford Graduate School of Business, says consumers should own and be able to sell their personal data. Cameron F. Kerry, a visiting fellow at the Brookings Institution and former general counsel and acting secretary of the U.S. Department of Commerce, opposes the idea….

YES: It Would Encourage Sharing of Data—a Plus for Consumers and Society…Data isn’t like other commodities in one fundamental way—it doesn’t diminish with use. And that difference is the key to why consumers should own the data that’s created when they interact with companies, and have the right to sell it.YES: It Would Encourage Sharing of Data—a Plus for Consumers and Society…

NO: It Would Do Little to Help Consumers, and Could Leave Them Worse Off Than Now…

But owning data will do little to help consumers’ privacy—and may well leave them worse off. Meanwhile, consumer property rights would create enormous friction for valid business uses of personal information and for the free flow of information we value as a society.

In our current system, consumers reflexively click away rights to data in exchange for convenience, free services, connection, endorphins or other motivations. In a market where consumers could sell or license personal information they generate from web browsing, ride-sharing apps and other digital activities, is there any reason to expect that they would be less motivated to share their information? …(More)”.

Computers have an unlikely origin story: the 1890 census


David Lindsey Roberts at FastCompany: “The U.S. Constitution requires that a population count be conducted at the beginning of every decade.

This census has always been charged with political significance and continues to be. That’s clear from the controversy over the conduct of the upcoming 2020 census.

But it’s less widely known how important the census has been in developing the U.S. computer industry, a story that I tell in my new book, Republic of Numbers: Unexpected Stories of Mathematical Americans Through History....

The only use of the census clearly specified in the Constitution is to allocate seats in the House of Representatives. More populous states get more seats.

A minimalist interpretation of the census mission would require reporting only the overall population of each state. But the census has never confined itself to this.

A complicating factor emerged right at the beginning, with the Constitution’s distinction between “free persons” and “three-fifths of all other persons.” This was the Founding Fathers’ infamous mealy-mouthed compromise between those states with a large number of enslaved persons and those states where relatively few lived.

The first census, in 1790, also made nonconstitutionally mandated distinctions by age and sex. In subsequent decades, many other personal attributes were probed as well: occupational status, marital status, educational status, place of birth, and so on….

John Shaw Billings, a physician assigned to assist the Census Office with compiling health statistics, had closely observed the immense tabulation efforts required to deal with the raw data of 1880. He expressed his concerns to a young mechanical engineer assisting with the census, Herman Hollerith, a recent graduate of the Columbia School of Mines.

On September 23, 1884, the U.S. Patent Office recorded a submission from the 24-year-old Hollerith, titled “Art of Compiling Statistics.”

By progressively improving the ideas of this initial submission, Hollerith would decisively win an 1889 competition to improve the processing of the 1890 census.

The technological solutions devised by Hollerith involved a suite of mechanical and electrical devices….After his census success, Hollerith went into business selling this technology. The company he founded would, after he retired, become International Business Machines—IBM. IBM led the way in perfecting card technology for recording and tabulating large sets of data for a variety of purposes….(More)”

AI script finds bias in movies before production starts


Springwise:The GD-IQ (Geena Davis Inclusion Quotient) Spellcheck for Bias analysis tool reviews film and television scripts for equality and diversity. Geena Davis, the founder of the Geena Davis Institute on Gender in Media, recently announced a yearlong pilot programme with Walt Disney Studios. The Spellcheck for Bias tool will be used throughout the studio’s development process.

Funded by Google, the GD-IQ uses audio-visual processing technologies from the University of Southern California Viterbi School of Engineering together with Google’s machine learning capabilities. 

The tool’s analysis reveals the percentages of representation and dialogue broken down into categories of gender, race, LGBTQIA and disability representation. The analysis also highlights non-gender identified speaking characters that could help improve equality and diversity. 

Designed to help identify unconscious bias before it becomes a publicly consumed piece of media, the tool also ranks the sophistication of the characters’ vocabulary and their relative level of power within the story.

The first study of film and television representation using the GD-IQ examined the top 200 grossing, non-animated films of 2014 and 2015. Unsurprisingly, the more diverse and equal a film’s characters were, the more money the film earned. …(More)”.

Road Traffic Accidents Analysis in Mexico City through Crowdsourcing Data and Data Mining Techniques


Paper by Gabriela V. Angeles et al: “Road traffic accidents are among the principal causes of traffic congestion, causing human losses, damages to health and the environment, economic losses and material damages. Studies about traditional road traffic accidents in urban zones represents very high inversion of time and money, additionally, the result are not current.

However, nowadays in many countries, the crowdsourced GPS based traffic and navigation apps have emerged as an important source of information to low cost to studies of road traffic accidents and urban congestion caused by them. In this article we identified the zones, roads and specific time in the CDMX in which the largest number of road traffic accidents are concentrated during 2016. We built a database compiling information obtained from the social network known as Waze.

The methodology employed was Discovery of knowledge in the database (KDD) for the discovery of patterns in the accidents reports. Furthermore, using data mining techniques with the help of Weka. The selected algorithms was the Maximization of Expectations (EM) to obtain the number ideal of clusters for the data and k-means as a grouping method. Finally, the results were visualized with the Geographic Information System QGIS….(More)”.

The Colombian Anti-Corruption Referendum: Why It Failed?


Paper by Michael Haman: “The objective of this article is to analyze the results of the anti-corruption referendum in Colombia in 2018. Colombia is a country with a significant corruption problem. More than 99% of the voters who came to the polls voted in favor of the proposals. However, the anti-corruption referendum nonetheless failed because not enough citizens were mobilized to participate. The article addresses the reasons why turnout was very low…

Conclusions: I find that the more transparent a municipality, the higher the percentage of the municipal electorate that voted for proposals in the anti-corruption referendum. Moreover, I find that in municipalities where support for Sergio Fajardo in the presidential election was higher and support for Iván Duque was lower, support for the referendum proposals was higher. Also, turnout was lower in municipalities with higher poverty rates and higher homicide rates…(More)”.

Civic Duty Days: One Way Employers Can Strengthen Democracy


Blog by Erin Barnes: “As an employer, I’m always looking for structural ways to support my team in their health and wellbeing. We know that individual health is so often tied to community health: strong communities mean, among other things, better health outcomes, reduced crime, and better education for our children, so making space for my team to be able to be active participants in their neighborhoods gives them and their families better health outcomes. So, from my perspective, allowing time to give back to the community is just as important as providing sick days.

When my cofounder Brandon Whitney and I started ioby — a nonprofit focused on building civic leadership in our neighborhoods — we wanted our internal organizational values to reflect our mission. For example, we’ve always given Election Day off, and Brandon created ioby’s Whole Person Policy inspired by the work of Parker Palmer. And a few years ago, after a series of high-profile killings of people of color by police made it difficult for many of our staff to feel fully present at work while also showing up for those in their community who were struggling with pain and grief, we decided to add an additional 5 days of Paid Time Off (PTO) for civic duty.

At ioby, a Civic Duty Day is not the same as jury duty. Civic Duty Days are designed to give ioby staff the time to do what we need to do to be active participants involved in everyday democracy. Activities can include neighborhood volunteering, get-out-the-vote volunteering, fundraising, self-care and community-care to respond to local and national emergencies, writing letters, meeting with local elected officials, making calls, going to a healing workshop, and personal health to recover from civic duty activities that fall on weekends.

A couple weeks ago, at a retreat with other nonprofit leaders, we were discussing structural ways to increase civic participation in the United States. Given that nearly 15% of Americans cite lack of time as their reason for not voting, and 75% of Americans cite it as their reason for not volunteering, employers can make a big difference in how Americans show up in public life.

I asked my team what sorts of things they’ve used Civic Duty Days for. In addition to the typical answers about park cleanups, phone banking, door knocking and canvassing, postcard writing, attending demonstrations like the Women’s March and the Climate Strike, I heard some interesting stories.

  • One ioby staff person used her Civic Duty Days to attend Reverse Ride Alongs where she acts as a guide with cadets for the entire day. This program allows cadets to see the community they will be serving and for the community to have a voice in how they see policing and what ways best to be approached by new police officers.
  • An ioby staff person used Civic Duty Days to attend trial for an activist who was arrested for protesting; this would have been impossible to attend otherwise since trials are often during the day.
  • Another ioby staff person used his days to stay home with his kids while his wife attended demonstrations….(More)”

Ethical guidelines issued by engineers’ organization fail to gain traction


Blogpost by Nicolas Kayser-Bril: “In early 2016, the Institute of Electrical and Electronics Engineers, a professional association known as IEEE, launched a “global initiative to advance ethics in technology.” After almost three years of work and multiple rounds of exchange with experts on the topic, it released last April the first edition of Ethically Aligned Design, a 300-page treatise on the ethics of automated systems.

The general principles issued in the report focus on transparency, human rights and accountability, among other topics. As such, they are not very different from the 83 other ethical guidelines that researchers from the Health Ethics and Policy Lab of the Swiss Federal Institute of Technology in Zurich reviewed in an article published in Nature Machine Intelligence in September. However, one key aspect makes IEEE different from other think-tanks. With over 420,000 members, it is the world’s largest engineers’ association with roots reaching deep into Silicon Valley. Vint Cerf, one of Google’s Vice Presidents, is an IEEE “life fellow.”

Because the purpose of the IEEE principles is to serve as a “key reference for the work of technologists”, and because many technologists contributed to their conception, we wanted to know how three technology companies, Facebook, Google and Twitter, were planning to implement them.

Transparency and accountability

Principle number 5, for instance, requires that the basis of a particular automated decision be “discoverable”. On Facebook and Instagram, the reasons why a particular item is shown on a user’s feed are all but discoverable. Facebook’s “Why You’re Seeing This Post” feature explains that “many factors” are involved in the decision to show a specific item. The help page designed to clarify the matter fails to do so: many sentences there use opaque wording (users are told that “some things influence ranking”, for instance) and the basis of the decisions governing their newsfeeds are impossible to find.

Principle number 6 states that any autonomous system shall “provide an unambiguous rationale for all decisions made.” Google’s advertising systems do not provide an unambiguous rationale when explaining why a particular advert was shown to a user. A click on “Why This Ad” states that an “ad may be based on general factors … [and] information collected by the publisher” (our emphasis). Such vagueness is antithetical to the requirement for explicitness.

AlgorithmWatch sent detailed letters (which you can read below this article) with these examples and more, asking Google, Facebook and Twitter how they planned to implement the IEEE guidelines. This was in June. After a great many emails, phone calls and personal meetings, only Twitter answered. Google gave a vague comment and Facebook promised an answer which never came…(More)”

We Need a Fourth Branch of Government


George A. Papandreou at The New York Times: “In ancient times, politics was born of the belief that we can be masters of our own fate, and democracy became a continuing, innovative project to guarantee people a say in public decisions.

Today, however, we live in a paradox. Humanity has created vast wealth and technological know-how that could contribute to solutions for the global common good, yet immense numbers of people are disempowered, marginalized and suffering from a deep sense of insecurity. Working together, we have the ability to reshape the world as we know it. Unfortunately, that power rests in the hands of only a few.

The marginalization we see today is rooted in the globalization promoted by policy models such as the Washington Consensus, which distanced politics and governance from economic power. Companies in the financial, pharmaceutical, agricultural, oil and tech industries are no longer governed by the laws of a single state — they live in a separate global stratosphere, one regulated to suit their interests.

The consequences of all this are huge disparities in wealth and power. There is, for example, an overconcentration of money in media and politics, due to lobbying and outright corruption. And in many countries, democratic institutions have been captured and the will of the people has been compromised….

We could embrace reactive politics, elect authoritarian leaders, build walls, and promote isolationism and racism. This path offers a simple yet illusory way to “take back control,” but in fact accomplishes the opposite: It gives up control to power-hungry demagogues who divide us, weaken civil society and feed us dead-end solutions.

But rather than embrace those false promises, let us instead reinvent and deepen democratic institutions, in order to empower people, tame global capitalism, eliminate inequality and assert control over our international techno-society.

From my experience, an important step toward these goals would be to create a fourth branch of government.

This new deliberative branch, in which all citizens — the “demos” — could participate, would sit alongside the executive, legislative and judicial branches. All laws and decisions would first go through an e-deliberation process before being debated in our city halls, parliaments or congresses.

Inspired by the agora of ideas and debate in ancient Athens, I set up as prime minister a rudimentary “wiki-law” process for deliberating issues online before laws are voted on. Trusting collective wisdom brought insightful and invaluable responses.

In contrast to how social media works today, a similar platform could develop transparent algorithms that use artificial intelligence to promote wholesome debate and informed dialogue while fairly aggregating citizens’ positions to promote consensus building. All who participate in this public e-agora would appear under their true identities — real voices, not bots. Eponymous, not anonymous.

To facilitate debate, forums of professionals could give informed opinions on issues of the day. Public television, newspapers, radio and podcasts could enlighten the conversation. Schools would be encouraged to participate. So-called deliberative polling (again inspired by ancient Athens and developed for modern society by James Fishkin at Stanford University) could improve decision-making by leveraging sustained dialogue among polling participants and experts to produce more informed public opinion. The concept was used by the Citizens’ Assembly in Ireland from 2016 to 2018, a riveting exercise in deliberative democracy that produced breakthroughs on seemingly intractable issues such as abortion.

Today, we are on the verge of momentous global changes, in robotics, A.I., the climate and more. The world’s citizens must debate the ethical implications of our increasingly godlike technological powers….(More)”