Los Angeles Accuses Weather Channel App of Covertly Mining User Data


Jennifer Valentino-DeVries and Natasha Singer in The New York Times: “The Weather Channel app deceptively collected, shared and profited from the location information of millions of American consumers, the city attorney of Los Angeles said in a lawsuit filed on Thursday.

One of the most popular online weather services in the United States, the Weather Channel app has been downloaded more than 100 million times and has 45 million active users monthly.

The government said the Weather Company, the business behind the app, unfairly manipulated users into turning on location tracking by implying that the information would be used only to localize weather reports. Yet the company, which is owned by IBM, also used the data for unrelated commercial purposes, like targeted marketing and analysis for hedge fundsaccording to the lawsuit

In the complaint, the city attorney excoriated the Weather Company, saying it unfairly took advantage of its app’s popularity and the fact that consumers were likely to give their location data to get local weather alerts. The city said that the company failed to sufficiently disclose its data practices when it got users’ permission to track their location and that it obscured other tracking details in its privacy policy.

“These issues certainly aren’t limited to our state,” Mr. Feuer said. “Ideally this litigation will be the catalyst for other action — either litigation or legislative activity — to protect consumers’ ability to assure their private information remains just that, unless they speak clearly in advance.”…(More)”.

Index: Open Data


By Alexandra Shaw, Michelle Winowatan, Andrew Young, and Stefaan Verhulst

The Living Library Index – inspired by the Harper’s Index – provides important statistics and highlights global trends in governance innovation. This installment focuses on open data and was originally published in 2018.

Value and Impact

  • The projected year at which all 28+ EU member countries will have a fully operating open data portal: 2020

  • Between 2016 and 2020, the market size of open data in Europe is expected to increase by 36.9%, and reach this value by 2020: EUR 75.7 billion

Public Views on and Use of Open Government Data

  • Number of Americans who do not trust the federal government or social media sites to protect their data: Approximately 50%

  • Key findings from The Economist Intelligence Unit report on Open Government Data Demand:

    • Percentage of respondents who say the key reason why governments open up their data is to create greater trust between the government and citizens: 70%

    • Percentage of respondents who say OGD plays an important role in improving lives of citizens: 78%

    • Percentage of respondents who say OGD helps with daily decision making especially for transportation, education, environment: 53%

    • Percentage of respondents who cite lack of awareness about OGD and its potential use and benefits as the greatest barrier to usage: 50%

    • Percentage of respondents who say they lack access to usable and relevant data: 31%

    • Percentage of respondents who think they don’t have sufficient technical skills to use open government data: 25%

    • Percentage of respondents who feel the number of OGD apps available is insufficient, indicating an opportunity for app developers: 20%

    • Percentage of respondents who say OGD has the potential to generate economic value and new business opportunity: 61%

    • Percentage of respondents who say they don’t trust governments to keep data safe, protected, and anonymized: 19%

Efforts and Involvement

  • Time that’s passed since open government advocates convened to create a set of principles for open government data – the instance that started the open data government movement: 10 years

  • Countries participating in the Open Government Partnership today: 79 OGP participating countries and 20 subnational governments

  • Percentage of “open data readiness” in Europe according to European Data Portal: 72%

    • Open data readiness consists of four indicators which are presence of policy, national coordination, licensing norms, and use of data.

  • Number of U.S. cities with Open Data portals: 27

  • Number of governments who have adopted the International Open Data Charter: 62

  • Number of non-state organizations endorsing the International Open Data Charter: 57

  • Number of countries analyzed by the Open Data Index: 94

  • Number of Latin American countries that do not have open data portals as of 2017: 4 total – Belize, Guatemala, Honduras and Nicaragua

  • Number of cities participating in the Open Data Census: 39

Demand for Open Data

  • Open data demand measured by frequency of open government data use according to The Economist Intelligence Unit report:

    • Australia

      • Monthly: 15% of respondents

      • Quarterly: 22% of respondents

      • Annually: 10% of respondents

    • Finland

      • Monthly: 28% of respondents

      • Quarterly: 18% of respondents

      • Annually: 20% of respondents

    •  France

      • Monthly: 27% of respondents

      • Quarterly: 17% of respondents

      • Annually: 19% of respondents

        •  
    • India

      • Monthly: 29% of respondents

      • Quarterly: 20% of respondents

      • Annually: 10% of respondents

    • Singapore

      • Monthly: 28% of respondents

      • Quarterly: 15% of respondents

      • Annually: 17% of respondents 

    • UK

      • Monthly: 23% of respondents

      • Quarterly: 21% of respondents

      • Annually: 15% of respondents

    • US

      • Monthly: 16% of respondents

      • Quarterly: 15% of respondents

      • Annually: 20% of respondents

  • Number of FOIA requests received in the US for fiscal year 2017: 818,271

  • Number of FOIA request processed in the US for fiscal year 2017: 823,222

  • Distribution of FOIA requests in 2017 among top 5 agencies with highest number of request:

    • DHS: 45%

    • DOJ: 10%

    • NARA: 7%

    • DOD: 7%

    • HHS: 4%

Examining Datasets

  • Country with highest index score according to ODB Leaders Edition: Canada (76 out of 100)

  • Country with lowest index score according to ODB Leaders Edition: Sierra Leone (22 out of 100)

  • Number of datasets open in the top 30 governments according to ODB Leaders Edition: Fewer than 1 in 5

  • Average percentage of datasets that are open in the top 30 open data governments according to ODB Leaders Edition: 19%

  • Average percentage of datasets that are open in the top 30 open data governments according to ODB Leaders Edition by sector/subject:

    • Budget: 30%

    • Companies: 13%

    • Contracts: 27%

    • Crime: 17%

    • Education: 13%

    • Elections: 17%

    • Environment: 20%

    • Health: 17%

    • Land: 7%

    • Legislation: 13%

    • Maps: 20%

    • Spending: 13%

    • Statistics: 27%

    • Trade: 23%

    • Transport: 30%

  • Percentage of countries that release data on government spending according to ODB Leaders Edition: 13%

  • Percentage of government data that is updated at regular intervals according to ODB Leaders Edition: 74%

  • Number of datasets available through:

  • Number of datasets classed as “open” in 94 places worldwide analyzed by the Open Data Index: 11%

  • Percentage of open datasets in the Caribbean, according to Open Data Census: 7%

  • Number of companies whose data is available through OpenCorporates: 158,589,950

City Open Data

  • New York City

  • Singapore

    • Number of datasets published in Singapore: 1,480

    • Percentage of datasets with standardized format: 35%

    • Percentage of datasets made as raw as possible: 25%

  • Barcelona

    • Number of datasets published in Barcelona: 443

    • Open data demand in Barcelona measured by:

      • Number of unique sessions in the month of September 2018: 5,401

    • Quality of datasets published in Barcelona according to Tim Berners Lee 5-star Open Data: 3 stars

  • London

    • Number of datasets published in London: 762

    • Number of data requests since October 2014: 325

  • Bandung

    • Number of datasets published in Bandung: 1,417

  • Buenos Aires

    • Number of datasets published in Buenos Aires: 216

  • Dubai

    • Number of datasets published in Dubai: 267

  • Melbourne

    • Number of datasets published in Melbourne: 199

Sources

  • About OGP, Open Government Partnership. 2018.  

Can a set of equations keep U.S. census data private?


Jeffrey Mervis at Science: “The U.S. Census Bureau is making waves among social scientists with what it calls a “sea change” in how it plans to safeguard the confidentiality of data it releases from the decennial census.

The agency announced in September 2018 that it will apply a mathematical concept called differential privacy to its release of 2020 census data after conducting experiments that suggest current approaches can’t assure confidentiality. But critics of the new policy believe the Census Bureau is moving too quickly to fix a system that isn’t broken. They also fear the changes will degrade the quality of the information used by thousands of researchers, businesses, and government agencies.

The move has implications that extend far beyond the research community. Proponents of differential privacy say a fierce, ongoing legal battle over plans to add a citizenship question to the 2020 census has only underscored the need to assure people that the government will protect their privacy....

Differential privacy, first described in 2006, isn’t a substitute for swapping and other ways to perturb the data. Rather, it allows someone—in this case, the Census Bureau—to measure the likelihood that enough information will “leak” from a public data set to open the door to reconstruction.

“Any time you release a statistic, you’re leaking something,” explains Jerry Reiter, a professor of statistics at Duke University in Durham, North Carolina, who has worked on differential privacy as a consultant with the Census Bureau. “The only way to absolutely ensure confidentiality is to release no data. So the question is, how much risk is OK? Differential privacy allows you to put a boundary” on that risk....

In the case of census data, however, the agency has already decided what information it will release, and the number of queries is unlimited. So its challenge is to calculate how much the data must be perturbed to prevent reconstruction....

A professor of labor economics at Cornell University, Abowd first learned that traditional procedures to limit disclosure were vulnerable—and that algorithms existed to quantify the risk—at a 2005 conference on privacy attended mainly by cryptographers and computer scientists. “We were speaking different languages, and there was no Rosetta Stone,” he says.

He took on the challenge of finding common ground. In 2008, building on a long relationship with the Census Bureau, he and a team at Cornell created the first application of differential privacy to a census product. It is a web-based tool, called OnTheMap, that shows where people work and live….

The three-step process required substantial computing power. First, the researchers reconstructed records for individuals—say, a 55-year-old Hispanic woman—by mining the aggregated census tables. Then, they tried to match the reconstructed individuals to even more detailed census block records (that still lacked names or addresses); they found “putative matches” about half the time.

Finally, they compared the putative matches to commercially available credit databases in hopes of attaching a name to a particular record. Even if they could, however, the team didn’t know whether they had actually found the right person.

Abowd won’t say what proportion of the putative matches appeared to be correct. (He says a forthcoming paper will contain the ratio, which he calls “the amount of uncertainty an attacker would have once they claim to have reidentified a person from the public data.”) Although one of Abowd’s recent papers notes that “the risk of re-identification is small,” he believes the experiment proved reidentification “can be done.” And that, he says, “is a strong motivation for moving to differential privacy.”…

Such arguments haven’t convinced Ruggles and other social scientists opposed to applying differential privacy on the 2020 census. They are circulating manuscripts that question the significance of the census reconstruction exercise and that call on the agency to delay and change its plan....

Ruggles, meanwhile, has spent a lot of time thinking about the kinds of problems differential privacy might create. His Minnesota institute, for instance, disseminates data from the Census Bureau and 105 other national statistical agencies to 176,000 users. And he fears differential privacy will put a serious crimp in that flow of information…

There are also questions of capacity and accessibility. The centers require users to do all their work onsite, so researchers would have to travel, and the centers offer fewer than 300 workstations in total....

Abowd has said, “The deployment of differential privacy within the Census Bureau marks a sea change for the way that official statistics are produced and published.” And Ruggles agrees. But he says the agency hasn’t done enough to equip researchers with the maps and tools needed to navigate the uncharted waters….(More)”.

The Paradox of Police Data


Stacy Wood in KULA: knowledge creation, dissemination, and preservation studies: “This paper considers the history and politics of ‘police data.’ Police data, I contend, is a category of endangered data reliant on voluntary and inconsistent reporting by law enforcement agencies; it is also inconsistently described and routinely housed in systems that were not designed with long-term strategies for data preservation, curation or management in mind. Moreover, whereas US law enforcement agencies have, for over a century, produced and published a great deal of data about crime, data about the ways in which police officers spend their time and make decisions about resources—as well as information about patterns of individual officer behavior, use of force, and in-custody deaths—is difficult to find. This presents a paradoxical situation wherein vast stores of extant data are completely inaccessible to the public. This paradoxical state is not new, but the continuation of a long history co-constituted by technologies, epistemologies and context….(More)”.

Participatory Design for Innovation in Access to Justice


Margaret Hagan at Daedalus: “Most access-to-justice technologies are designed by lawyers and reflect lawyers’ perspectives on what people need. Most of these technologies do not fulfill their promise because the people they are designed to serve do not use them. Participatory design, which was developed in Scandinavia as a process for creating better software, brings end users and other stakeholders into the design process to help decide what problems need to be solved and how. Work at the Stanford Legal Design Lab highlights new insights about what tools can provide the assistance that people actually need, and about where and how they are likely to access and use those tools. These participatory design models lead to more effective innovation and greater community engagement with courts and the legal system.

A decade into the push for innovation in access to justice, most efforts reflect the interests and concerns of courts and lawyers rather than the needs of the people the innovations are supposed to serve. New legal technologies and services, whether aiming to help people expunge their criminal records or to get divorced in more cooperative ways, have not been adopted by the general public. Instead, it is primarily lawyers who use them.1

One way to increase the likelihood that innovations will serve clients would be to involve clients in designing them. Participatory design emerged in Scandinavia in the 1970s as a way to think more effectively about decision-making in the workplace.  It evolved into a strategy for developing software in which potential users were invited to help define a vision of a product, and it has since been widely used for changing systems like elementary education, hospital services, and smart cities, which use data and technology to improve sustainability and foster economic development.3

Participatory design’s promise is that “system innovation” is more likely to be effective in producing tools that the target group will use and in spending existing resources efficiently to do so. Courts spend an enormous amount of money on information technology every year. But the technology often fails to meet courts’ goals: barely half of the people affected are satisfied with courts’ customer service….(More)”.

In High-Tech Cities, No More Potholes, but What About Privacy?


Timothy Williams in The New York Times: “Hundreds of cities, large and small, have adopted or begun planning smart cities projects. But the risks are daunting. Experts say cities frequently lack the expertise to understand privacy, security and financial implications of such arrangements. Some mayors acknowledge that they have yet to master the responsibilities that go along with collecting billions of bits of data from residents….

Supporters of “smart cities” say that the potential is enormous and that some projects could go beyond creating efficiencies and actually save lives. Among the plans under development are augmented reality programs that could help firefighters find people trapped in burning buildings and the collection of sewer samples by robots to determine opioid use so that city services could be aimed at neighborhoods most in need.

The hazards are also clear.

“Cities don’t know enough about data, privacy or security,” said Lee Tien, a lawyer at the Electronic Frontier Foundation, a nonprofit organization focused on digital rights. “Local governments bear the brunt of so many duties — and in a lot of these cases, they are often too stupid or too lazy to talk to people who know.”

Cities habitually feel compelled to outdo each other, but the competition has now been intensified by lobbying from tech companies and federal inducements to modernize.

“There is incredible pressure on an unenlightened city to be a ‘smart city,’” said Ben Levine, executive director at MetroLab Network, a nonprofit organization that helps cities adapt to technology change.

That has left Washington, D.C., and dozens of other cities testing self-driving cars and Orlando trying to harness its sunshine to power electric vehicles. San Francisco has a system that tracks bicycle traffic, while Palm Beach, Fla., uses cycling data to decide where to send street sweepers. Boise, Idaho, monitors its trash dumps with drones. Arlington, Tex., is looking at creating a transit system based on data from ride-sharing apps….(More)”.

A Research Roadmap to Advance Data Collaboratives Practice as a Novel Research Direction


Iryna Susha, Theresa A. Pardo, Marijn Janssen, Natalia Adler, Stefaan G. Verhulst and Todd Harbour in the  International Journal of Electronic Government Research (IJEGR): “An increasing number of initiatives have emerged around the world to help facilitate data sharing and collaborations to leverage different sources of data to address societal problems. They are called “data collaboratives”. Data collaboratives are seen as a novel way to match real life problems with relevant expertise and data from across the sectors. Despite its significance and growing experimentation by practitioners, there has been limited research in this field. In this article, the authors report on the outcomes of a panel discussing critical issues facing data collaboratives and develop a research and development agenda. The panel included participants from the government, academics, and practitioners and was held in June 2017 during the 18th International Conference on Digital Government Research at City University of New York (Staten Island, New York, USA). The article begins by discussing the concept of data collaboratives. Then the authors formulate research questions and topics for the research roadmap based on the panel discussions. The research roadmap poses questions across nine different topics: conceptualizing data collaboratives, value of data, matching data to problems, impact analysis, incentives, capabilities, governance, data management, and interoperability. Finally, the authors discuss how digital government research can contribute to answering some of the identified research questions….(More)”. See also: http://datacollaboratives.org/

Firm Led by Google Veterans Uses A.I. to ‘Nudge’ Workers Toward Happiness


Daisuke Wakabayashi in the New York Times: “Technology companies like to promote artificial intelligence’s potential for solving some of the world’s toughest problems, like reducing automobile deaths and helping doctors diagnose diseases. A company started by three former Google employees is pitching A.I. as the answer to a more common problem: being happier at work.

The start-up, Humu, is based in Google’s hometown, and it builds on some of the so-called people-analytics programs pioneered by the internet giant, which has studied things like the traits that define great managers and how to foster better teamwork.

Humu wants to bring similar data-driven insights to other companies. It digs through employee surveys using artificial intelligence to identify one or two behavioral changes that are likely to make the biggest impact on elevating a work force’s happiness. Then it uses emails and text messages to “nudge” individual employees into small actions that advance the larger goal.

At a company where workers feel that the way decisions are made is opaque, Humu might nudge a manager before a meeting to ask the members of her team for input and to be prepared to change her mind. Humu might ask a different employee to come up with questions involving her team that she would like to have answered.

At the heart of Humu’s efforts is the company’s “nudge engine” (yes, it’s trademarked). It is based on the economist Richard Thaler’s Nobel Prize-winning research into how people often make decisions because of what is easier rather than what is in their best interest, and how a well-timed nudge can prompt them to make better choices.

Google has used this approach to coax employees into the corporate equivalent of eating their vegetables, prodding them to save more for retirement, waste less food at the cafeteria and opt for healthier snacks….

But will workers consider the nudges useful or manipulative?

Todd Haugh, an assistant professor of business law and ethics at Indiana University’s Kelley School of Business, said nudges could push workers into behaving in ways that benefited their employers’ interests over their own.

“The companies are the only ones who know what the purpose of the nudge is,” Professor Haugh said. “The individual who is designing the nudge is the one whose interests are going to be put in the forefront.”…(More)”.


Government Information in Canada: Access and Stewardship


Book edited by Amanda Wakaruk and Sam-chin Li: “Government information is not something that most people think about until they need it or see it in a headline. Indeed, even then librarians, journalists, and intellectually curious citizens will rarely recognize or identify that the statistics needed to complete a report, or the scandal-breaking evidence behind a politician’s resignation, was sourced from taxpayer-funded publications and documents. Fewer people will likely appreciate the fact that access to government information is a requirement of a democratic society.

Government Information in Canada introduces the average librarian, journalist, researcher, and intellectually curious citizen to the often complex, rarely obvious, and sometimes elusive foundational element of a liberal democracy: publicly accessible government information.

While our primary goal is to provide an overview of the state of access to Canadian government information in the late-twentieth and early twenty-first centuries, we hope that this work will also encourage its readers to become more active in the government information community by contributing to government consultations and seeking out information that is produced by their governing bodies. ….

One of our goals is to document the state of government information in Canada at a point of transition. To help orient readers to today’s sub-discipline of librarianship, we offer four points that have been observed and learned over decades of working with government information in academic environments.

  1. Access to government information is the foundation of a functioning democracy and underpins informed citizen engagement. Government information allows us to assess our governing bodies — access that is required for a democracy to function.
  2. Government information has enduring value. The work of countless academics and other experts is disseminated via government information. Government publications and documents are used by academics and social commentators in all areas of intellectual output, resulting in the production of books, reports, speeches, and so forth, which have shaped our society and understanding of the world. For example, the book that introduced the public to the science of climate change, Silent Spring, was full of references to government information; furthermore, legal scholars, lawyers, and judges use legislative documents to interpret and apply the law; journalists use government documents to inform the electorate about their governing bodies. Government information is precarious and requires stewardship.
  3. The strongest system of stewardship for government information is one that operates in partnership with, and at arm’s length of, author agencies. Most content is digital, but this does not mean that it is posted and openly available online. Furthermore, content made available online does not necessarily remain accessible to the public.
  4. Government publications and documents are different from most books, journals, and content born on the Internet. Government information does not fit into the traditional dissemination channels developed and simplified through customer feedback and the pursuit of higher profits. The agencies that produce government information are motivated by different factors than those of traditional publishers…(More)”.

Cities, Government, Law, and Civil Society


Paper by Heidi Li Feldman: “For too long, legal commentators have developed accounts of law, governments and civil society, and rights to access that society, from a national-federal perspective. As Americans increasingly live in cities, it is time for legal theorists to concentrate on municipalities as the locus of civil society. From an American national-federal perspective, government and law play primarily a remedial role with regard to civil society, stepping in only to resolve great inequities, usually by creating legally recognized civil rights and enforcing them. Civil society and civil rights, however, exceed this cramped national-federal window on it. Throughout the United States today, civil society is a multi-faceted arena for social coordination and social cooperation, for consonant and collective action of many different kinds. The only reason civil rights and the legal protection of them matters is because participation in civil society is makes it possible for individuals to engage in all manner of activities that are useful, enjoyable, and worthwhile. In other words, the significance of civil rights follows from the existence of a civil society worth participating in. To the extent that government can and does make civil society viable and valuable, it is an integral part of civil society. That feature gets lost in a remedial account of the relationship between government, law, and civil society. 

Perhaps the role of cities in civil society has been neglected by the legal academy because cities are not sovereigns. Sovereignty has often been the issue that provokes theoretical attention to government and its role in civil life. At the heart of the federal-national account of civil society and government is the potential threat the sovereign poses to other actors in civil society. But there is no necessary connection between concentrating on the nature and workings of sovereignty and considering the role for government and law in civil society. And when a government is not a sovereign, its ability to threaten is inherently constrained. That is what examining cities, non-sovereign governments embedded in a web of other governments, shows us. 

When we turn our attention to cities, a very different role for government and law emerges. Cities often exemplify how government and law can enable civil society and all those encompassed by it. They show how government can promote and amplify collective action, not only at the local level but even at the international one. In the United States today, governments can and do provide resources for consonant and collective action even in nongovernmental settings. Governments also coordinate and cooperate alongside fellow actors such as citizen activist groups, small and large businesses, labor unions, universities and colleges, and other nongovernmental organizations. This is particularly apparent at the local level. By delving into local government, we gain a distinctive perspective on the intersection of government and law, on one hand, and civil society, on the other — on what that intersection does, can, and should be like. This paper develops a first iteration of a locality centered account of civil society and the role for government and law within it. I examine a particular municipality, the City of Pittsburgh, to provide a concrete example from which to generate ideas and judgements about the terrain and content of this localist account….(More)”.