Open Verification


Article by Eyal Weizman: “More than a decade ago, I would have found the idea of a forensic institute to be rather abhorrent. Coming from the field of left activism and critical spatial practice, I felt instinctively oriented against the authority of established truths. Forensics relies on technical expertise in normative and legal frameworks, and smacks full of institutional authority. It is, after all, one of the fundamental arts of the state, the privilege of its agencies: the police, the secret services, or the military. Today, counter-intuitively perhaps, I find myself running Forensic Architecture, a group of architects, filmmakers, coders, and journalists which operates as a forensic agency and makes evidence public in different forums such as the media, courts, truth commissions, and cultural venues.

This reorientation of my thought practice was a response to changes in the texture of our present and to the nature of contemporary conflict. An evolving information and media environment enables authoritarian states to manipulate and distort facts about their crimes, but it also offers new techniques with which civil society groups can invert the forensic gaze and monitor them. This is what we call counter-forensics.

We do not yet have a satisfactory name for the new reactionary forces—a combination of digital racism, ultra-nationalism, self-victimhood, and conspiracism—that have taken hold across the world and become manifest in countries such as Russia, Poland, Hungary, Britain, Italy, Brazil, the US, and Israel, where I most closely experienced them. These forces have made the obscuring, blurring, manipulation, and distortion of facts their trademark. Whatever form of reality-denial “post truth” is, it is not simply about lying. Lying in politics is sometimes necessary. Deception, after all, has always been part of the toolbox of statecraft, and there might not be more of it now than in previous times.  The defining characteristics of our era might thus not be an extraordinary dissemination of untruths, but rather, ongoing attacks against the institutional authorities that buttress facts: government experts, universities, science laboratories, mainstream media, and the judiciary.

Because questioning the authority of state institutions is also what counter-forensics is about—we seek to expose police and military cover-ups, government lies, and instances in which the legal system has been aligned against state victims—we must distinguish it from the tactics of those political forces mentioned above.

Dark Epistemology

While “post truth” is a seemingly new phenomenon, for those working to expose state crimes at the frontiers of contemporary conflicts, it has long been the constant condition of our work. As a set of operations, this form of denial compounds the traditional roles of propaganda and censorship. It is propaganda because it is concerned with statements released by states to affect the thoughts and conducts of publics. It is not the traditional form of propaganda though, framed in the context of a confrontation between blocs and ideologies. It does not aim to persuade or tell you anything, nor does it seek to promote the assumed merits of one system over the other—equality vs. freedom or east vs. west—but rather to blur perception so that nobody knows what is real anymore. The aim is that when people no longer know what to think, how to establish facts, or when to trust them, those in power can fill this void by whatever they want to fill it with.

“Post truth” also functions as a new form of censorship because it blocks one’s ability to evaluate and debate facts. In the face of governments’ increasing difficulties in cutting data out of circulation and in suppressing political discourse, it adds rather than subtracts, augmenting the level of noise in a deliberate maneuver to divert attention….(More)”.

Clinical Trial Data Transparency and GDPR Compliance: Implications for Data Sharing and Open Innovation


Paper by Timo Minssen, Rajam N. and Marcel Bogers: “Recent EU initiatives and legislations have considerably increased public access to clinical trials data (CTD). These developments are generally much welcomed for the enhancement of science, trust, and open innovation. However, they also raise many questions and concerns, not least at the interface between CTD transparency and other areas of evolving EU law on the protection of trade secrets, intellectual property rights and privacy.

This paper focuses on privacy issues and on the interrelation between developments in transparency and the EU’s new General Data Protection Regulation 2016/679 (GDPR). More specifically, this paper examines: (1) the genesis of EU transparency regulations, including the incidents, developments and policy concerns that have shaped them; (2) the features and implications of the GDPR which are relevant in the context of clinical trials; and (3) the risk for tensions between the GDPR and the policy goals of CTD transparency, including their implications for data sharing and open innovation. Ultimately, we stress that these and other related factors must be carefully considered and addressed to reap the full benefits of CTD transparency….(More)”.

Smart Citizens for Smart Cities: The Role of Social Media for Expanding Local Democracy


Paper by Bissera Zankova: “The purpose of the study is to analyze the role of social media to boost democratic citizenship and contribute to the creation of smart environment through the perspective of direct democracy in Bulgaria. The issue of “smart cities” will be tackled from a broader media and communication perspective. The term “smart city” does not denote the symbiosis between urban development and new information technologies only but it signifies a new vibrant social ecology rooted in the thorough use of the Internet for wider democratic participation. As a theoretical basis of my survey I shall use Dewey’s model of the inherent bond between communication and enlightened citizenry and Robert Putnam’s theory about the social capital facilitated by social networks generating trust and solidarity among community members. As a case study I shall dwell on local democracy and particularly on two recent referendums in Bulgaria (2017) – in the cities of Tran and Stara Zagora, their basic premises, claims, organization, social media use, outcomes and impact. Though not mandatory for the governing bodies the referendums’ results demonstrated the level of social activity in the country underpinned by networks. Democracy should be understood best through the Abraham Lincoln’s centuries-cherished metaphor as “government of the people, by the people, for the people”. In the current research I build on a previous investigation done in 2013 on civic journalism, blogs and protests in Bulgaria and on my contribution to the book “Smart journalism” (Zankova, Skolkay, Franklin (2016), presenting findings from the New Media Literacy Project 2012 – 2014. This interdisciplinary paper will be useful for both academics and practitioners and specifically for media specialists who will get knowledge about the state of direct democracy in a new democratic country in SEE, new media non/ contribution to this state and what the necessary conditions are to make this democracy really workable at a community level to turn the cities into future-oriented democratic centres….(More)”

Google and the University of Chicago Are Sued Over Data Sharing


Daisuke Wakabayashi in The New York Times: “When the University of Chicago Medical Center announced a partnership to share patient data with Google in 2017, the alliance was promoted as a way to unlock information trapped in electronic health records and improve predictive analysis in medicine.

On Wednesday, the University of Chicago, the medical center and Google were sued in a potential class-action lawsuit accusing the hospital of sharing hundreds of thousands of patients’ records with the technology giant without stripping identifiable date stamps or doctor’s notes.

The suit, filed in United States District Court for the Northern District of Illinois, demonstrates the difficulties technology companies face in handling health data as they forge ahead into one of the most promising — and potentially lucrative — areas of artificial intelligence: diagnosing medical problems.

Google is at the forefront of an effort to build technology that can read electronic health records and help physicians identify medical conditions. But the effort requires machines to learn this skill by analyzing a vast array of old health records collected by hospitals and other medical institutions.

That raises privacy concerns, especially when is used by a company like Google, which already knows what you search for, where you are and what interests you hold.

In 2016, DeepMind, a London-based A.I. lab owned by Google’s parent company, Alphabet, was accused of violating patient privacy after it struck a deal with Britain’s National Health Service to process medical data for research….(More)”.

Challenges in using data across government


National Audit Office (UK): “Data is crucial to the way government delivers services for citizens, improves its own systems and processes, and makes decisions. Our work has repeatedly highlighted the importance of evidence-based decision-making at all levels of government activity, and the problems that arise when data is inadequate.

Government recognises the value of using data more effectively, and the importance of ensuring security and public trust in how it is used. It plans to produce a new national data strategy in 2020 to position “the UK as a global leader on data, working collaboratively and openly across government”.

To achieve its ambitions government will need to resolve fundamental challenges around how to use and share data safely and appropriately, and how to balance competing demands on public resources in a way that allows for sustained but proportionate investment in data. The future national data strategy provides the government with an opportunity to do this, building on the renewed interest and focus on the use of data within government and beyond.

Content and scope of the report

This report sets out the National Audit Office’s experience of data across government, including initial efforts to start to address the issues. From our past work we have identified three areas where government needs to establish the pre-conditions for success: clear strategy and leadership; a coherent infrastructure for managing data; and broader enablers to safeguard and support the better use of data. In this report we consider:

  • the current data landscape across government (Part One);
  • how government needs a clear plan and leadership to improve its use of data (Part Two);
  • the quality, standards and systems needed to use data effectively (Part Three); and
  • wider conditions and enablers for success (Part Four).

Concluding remarks

Past examples such as Windrush and Carer’s Allowance show how important good‑quality data is, and the consequences if not used well. Without accurate, timely and proportionate data, government will not be able get the best use out of public money or take the next step towards more sophisticated approaches to using data that can reap real rewards.

But despite years of effort and many well-documented failures, government has lacked clear and sustained strategic leadership on data. This has led to departments under-prioritising their own efforts to manage and improve data. There are some early signs that the situation is improving, but unless government uses the data strategy to push a sea change in strategy and leadership, it will not get the right processes, systems and conditions in place to succeed, and this strategy will be yet another missed opportunity….(More)”.

Access to Data in Connected Cars and the Recent Reform of the Motor Vehicle Type Approval Regulation


Paper by Wolfgang Kerber and Daniel Moeller: “The need for regulatory solutions for access to in-vehicle data and resources of connected cars is one of the big controversial and unsolved policy issues. Last year the EU revised the Motor Vehicle Type Approval Regulation which already entailed a FRAND-like solution for the access to repair and maintenance information (RMI) to protect competition on the automotive aftermarkets. However, the transition to connected cars changes the technological conditions for this regulatory solution significantly. This paper analyzes the reform of the type approval regulation and shows that the regulatory solutions for access to RMI are so far only very insufficiently capable of dealing with the challenges coming along with increased connectivity, e.g. with regard to the new remote diagnostic, repair and maintenance services. Therefore, an important result of the paper is that the transition to connected cars will require a further reform of the rules for the regulated access to RMI (esp. with regard to data access, interoperability, and safety/security issues). However, our analysis also suggests that the basic approach of the current regulated access regime for RMI in the type approval regulation can also be a model for developing general solutions for the currently unsolved problems of access to in-vehicle data and resources in the ecosystem of connected driving….(More)”.

The Public Domain


Article by Ilanah Simon Fhima: “…explores whether it is possible to identify and delineate the public domain in intellectual property law.

The article begins with a review of existing IP scholarship on the public domain. Identifying that the prevailing model of the public domain relies upon analogies to the commons, it questions how well a model based upon medieval real property holdings might be expected to capture the nuances of intangible property in the internet age. Additionally, academic focus is predominantly directed on copyright law at the expense of other fields of intellectual endeavour and adopts a US-centric viewpoint, which may not reflective of the different settlement reached in the EU-influenced UK. The article then explores whether an alternative rhetoric in ‘no property’ – tangible objects which cannot be propertised – or a potential analogy with public rights of access to land might provide more suitable alternatives.

Ultimately, the article concludes that it is impossible to draw a complete map of the public domain in terms of what should not be propertised. Instead, it advocates for a positive conception of the public domain, based on individual uses that should always remain free, and the general public interests underlying those uses. This more flexible approach allows the law to evolve in response to specific changes in technology and social conditions, while at the same time maintaining a focus on core non-negotiable freedoms. It also consider whether the same methodology can be applied to tangible property….(More)”.

Transparency in the EU Institutions – An Overview


Paper by Gianluca Sgueo: “The concepts of transparency of the public sector has been in existence, in various forms, for centuries. Academics, however, agree on the fact that transparency should be qualified as a modern concept. The wave of government reforms that occurred in the 1950s and the 1960s fostered the culture of transparent, accessible and accountable bureaucracies. In the 1990s, following on the spread of technologies, terms like “Government 2.0” and “open government” were coined to describe the use that public administrations made of the Internet and other digital tools in order to foster civic engagement, improve transparency, and enhance the efficiency of government services.

Transparency has come to the fore again over the past few years. National and supranational regulators (including the European Union) have placed transparency among the priorities in their regulatory agendas. Enhanced transparency in decision-making is considered to be a solution to the decline of trust in the public sector, a limit to the negative impact of conspiracy theories and fake news, and also a way to revitalise civic engagement.

EU institutions promote transparency across different lines of action. Exemplary are the ongoing debates on reforming the legislative procedure of the Union, regulating lobbying activities, making available data in open format and digitalising services. Also relevant is the role of the European Ombudsman in promoting a culture of transparency at the EU level. 

Studies suggest that transparency and participation in public governance are having a positive impact on the accountability of EU institutions, and hence on citizens’ perceptions of their activities. The present briefing offers an overview of the actions that EU institutions are implementing to foster transparency, analyzing the potential benefits and briefly discussing its possible drawbacks…(More)”.

Smarter Select Committees


Theo Bass at Nesta: “This report outlines how digital tools and methods can help select committees restore public trust in democracy, reinvigorate public engagement in Parliament and enhance the work of committees themselves.

Since their establishment in 1979, select committees have provided one of our most important democratic functions. At their best, committees gather available evidence, data and insight; tap into public experiences and concerns; provide a space for thoughtful deliberation; and help parliament make better decisions. However, the 40th anniversary of select committees presents an important opportunity to re-examine this vital parliamentary system to ensure they are fit for the 21st century.

Since 2012 select committees have committed to public engagement as a ‘core task’ of their work, but their approach has not been systematic and they still struggle to reach beyond the usual suspects, or find ways to gather relevant knowledge quickly and effectively. With public trust in democracy deteriorating, the imperative to innovate, improve legitimacy and find new ways to involve people in national politics is stronger than ever. This is where digital innovation can help.

If used effectively, digital tools and methods offer select committees the opportunity to be more transparent and accessible to a wider range of people, improving relevance and impact. Like any good public engagement, this needs careful design, without which digital participation risks being distorting and unhelpful, amplifying the loudest or least informed voices.

To achieve success, stronger ambition and commitment by senior staff and MPs, as well as experimentation and learning through trial and improvement will be essential. We recommend that the UK Parliament commits to running at least five pilots for digital participation, which we outline in more detail in the final section of this report….(More)”.