Comparative Constitution Making


Book edited by Hanna Lerner and David Landau: “In a seminal article more than two decades ago, Jon Elster lamented that despite the large volume of scholarship in related fields, such as comparative constitutional law and constitutional design, there was a severe dearth of work on the process and context of constitution making. Happily, his point no longer holds. Recent years have witnessed a near-explosion of high-quality work on constitution-making processes, across a range of fields including law, political science, and history. This volume attempts to synthesize and expand upon this literature. It offers a number of different perspectives and methodologies aimed at understanding the contexts in which constitution making takes place, its motivations, the theories and processes that guide it, and its effects. The goal of the contributors is not simply to explain the existing state of the field, but also to provide new research on these key questions.

Our aims in this introduction are relatively modest. First, we seek to set up some of the major questions treated by recent research in order to explain how the chapters in this volume contribute to them. We do not aim to give a complete state of the field, but we do lay out what we see as several of the biggest challenges and questions posed by recent scholarship. …(More)”.

Addressing the Challenges of Drafting Contracts for Data Collaboration


Blog post by Andrew Young, Andrew J. Zahuranec, Stephen Burley Tubman, William Hoffman, and Stefaan Verhulst at Data & Society: “To deal with complex public challenges, organizations increasingly seek to leverage data across sectors in new and innovative ways — from establishing prize-backed challenges around the use of diverse datasets to creating cross-sector federated data systems. These and other forms of data collaboratives are part of a new paradigm in data-driven innovation in which participants from different sectors provide access to data for the creation of public value. It provides an essential new problem-solving approach for our increasingly datafied society. However, the operational challenges associated with creating such partnerships often prevent the transformative potential of data collaboration from being achieved.

One such operational challenge relates to developing data sharing agreements — through contracts and other legal documentation. The current practice suffers from large inefficiencies and transaction costs resulting from (i) the lack of a common understanding of what the core issues are with data exchange; (ii) lack of common language or models; (iii) large heterogeneity in agreements used; (iv) lack of familiarity among lawyers of the technologies involved and (v) a sense that every initiative needs to (re)invent the wheel. Removing these barriers may enable collaborators to partner more systematically and responsibly around the re-use of data assets. Contracts for Data Collaboration (C4DC) is a new initiative seeking to address these barriers to data collaboration…

In the longer term, participants focused on three major themes that, if addressed, could steer contracting for data collaboration toward greater effectiveness and legitimacy.

Data Stewardship and Responsibility: First, much of the discussion centered on the need to promote responsible data practices through data stewardship. Though part of this work involves creating teams and individuals empowered to share, it also means empowering them to operationalize ethical principles.

By developing international standards and moving beyond the bare minimum legal obligation, these actors can build trust between parties, a quality that has often been difficult to foster. Such relationships are key in engaging intermediaries or building complex contractual agreements between multiple organizations. It is also essential to come to an agreement about which practices are legitimate and illegitimate.

Incorporation of the Citizen Perspective: Trust is also needed between the actors in a data collaborative and the general public. In light of many recent stories about the misuse of data, many people are suspicious, if not outright hostile, to data partnerships. Many data subjects don’t understand why organizations want their data or how the information can be valuable in advancing public good.

In data-sharing arrangements, all actors need to explain intended uses and outcomes to data subjects. Attendees spoke about the need to explain the data’s utility in clear and accessible terms. They also noted data collaborative contracts are more legitimate if they incorporate citizen perspectives, especially those of marginalized groups. To take this work a step further, the public could be brought into the contract writing process by creating mechanisms capable of soliciting their views and concerns.

Improving Internal and External Collaboration: Lastly, participants discussed the need for actors across the data ecosystem to strengthen relationships inside and outside their organizations. Part of this work entails securing internal buy-in for data collaboration, ensuring that the different components of an organization understand what assets are being shared and why.

It also entails engaging with intermediaries to fill gaps. Each actor has limitations to their capacities and expertise and, by engaging with start-ups, funders, NGOs, and others, organizations can improve the odds of a successful collaboration. Together, organizations can create norms and shared languages that allow for more effective data flows.

One such operational challenge relates to developing data sharing agreements — through contracts and other legal documentation. The current practice suffers from large inefficiencies and transaction costs resulting from (i) the lack of a common understanding of what the core issues are with data exchange; (ii) lack of common language or models; (iii) large heterogeneity in agreements used; (iv) lack of familiarity among lawyers of the technologies involved and (v) a sense that every initiative needs to (re)invent the wheel. Removing these barriers may enable collaborators to partner more systematically and responsibly around the re-use of data assets. Contracts for Data Collaboration (C4DC) is a new initiative seeking to address these barriers to data collaboration…(More)”.

Breaking Down Information Silos with Big Data: A Legal Analysis of Data Sharing


Chapter by Giovanni De Gregorio and Sofia Ranchordas in J. Cannataci, V. Falce & O. Pollicino (Eds), New Legal Challenges of Big Data (Edward Elgar, 2020, Forthcoming): “In the digital society, individuals play different roles depending on the situation they are placed in: they are consumers when they purchase a good, citizens when they vote for elections, content providers when they post information on a platform, and data subjects when their data is collected. Public authorities have thus far regulated citizens and the data collected on their different roles in silos (e.g., bankruptcy registrations, social welfare databases), resulting in inconsistent decisions, redundant paperwork, and delays in processing citizen requests. Data silos are considered to be inefficient both for companies and governments. Big data and data analytics are disrupting these silos allowing the different roles of individuals and the respective data to converge. In practice, this happens in several countries with data sharing arrangements or ad hoc data requests. However, breaking down the existing structure of information silos in the public sector remains problematic. While big data disrupts artificial silos that may not make sense in the digital society and promotes a truly efficient digitalization of data, removing information out of its original context may alter its meaning and violate the privacy of citizens. In addition, silos ensure that citizens are not assessed in one field by information generated in a totally different context. This chapter discusses how big data and data analytics are changing information silos and how digital technology is challenging citizens’ autonomy and right to privacy and data protection. This chapter also explores the need for a more integrated approach to the study of information, particularly in the public sector.

The Next Step for Human-Centered Design in Global Public Health


Tracy Johnson, Jaspal S. Sandhu & Nikki Tyler at SSIR : “How do we select the right design partner?” “Where can I find evidence that design really works?” “Can design have any impact beyond products?” These are real questions that we’ve been asked by our public health colleagues who have been exposed to human-centered design. This deeper curiosity indicates a shift in the conversation around human-centered design, compared with common perceptions as recently as five years ago.

The past decade has seen a rapid increase in organizations that use human-centered design for innovation and improvement in health care. However, there have been challenges in determining how to best integrate design into current ways of working. Unfortunately, these challenges have been met with an all-or-nothing response.

In reality, anyone thinking of applying design concepts must first decide how deeply they want design to be integrated into a project. The DesignforHealth community—launched by the Bill & Melinda Gates Foundation and Center for Innovation and Impact at USAID—defines three types of design integration: spark, ingredient, or end-to-end.

As a spark, design can be the catalyst for teams to work creatively and unlock innovation.

Design can be an ingredient that helps improve an existing product. Using design end-to-end in the development process can address a complex concept such as social vulnerability.

As the field of design in health matures, the next phase will require support for “design consumers.” These are non-designers who take part in a design approach, whether as an inspiring spark, a key ingredient in an established process, or an end-to-end approach.

Here are three important considerations that will help design consumers make the critical decisions that are needed before embarking on their next design journey….(More)”.

Private Law, Nudging and Behavioural Economic Analysis: The Mandated-Choice Model


Book by Antonios Karampatzos: “Offering a fresh perspective on “nudging”, this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.

It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach….(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)”.

CROWD4EMS: a Crowdsourcing Platform for Gathering and Geolocating Social Media Content in Disaster Response


Paper by Ravi Shankar et al” Increase in access to mobile phone devices and social media networks has changed the way people report and respond to disasters. Community-driven initiatives such as Stand By Task Force (SBTF) or GISCorps have shown great potential by crowdsourcing the acquisition, analysis, and geolocation of social media data for disaster responders. These initiatives face two main challenges: (1) most of social media content such as photos and videos are not geolocated, thus preventing the information to be used by emergency responders, and (2) they lack tools to manage volunteers contributions and aggregate them in order to ensure high quality and reliable results. This paper illustrates the use of a crowdsourcing platform that combines automatic methods for gathering information from social media and crowdsourcing techniques, in order to manage and aggregate volunteers contributions. High precision geolocation is achieved by combining data mining techniques for estimating the location of photos and videos from social media, and crowdsourcing for the validation and/or improvement of the estimated location.

The evaluation of the proposed approach is carried out using data related to the Amatrice Earthquake in 2016, coming from Flickr, Twitter and Youtube. A common data set is analyzed and geolocated by both the volunteers using the proposed platform and a group of experts. Data quality and data reliability is assessed by comparing volunteers versus experts results. Final results are shown in a web map service providing a global view of the information social media provided about the Amatrice Earthquake event…(More)”.

Official Statistics 4.0: Verified Facts for People in the 21st Century


Book by Walter J. Radermacher: “This book explores official statistics and their social function in modern societies. Digitisation and globalisation are creating completely new opportunities and risks, a context in which facts (can) play an enormously important part if they are produced with a quality that makes them credible and purpose-specific. In order for this to actually happen, official statistics must continue to actively pursue the modernisation of their working methods.This book is not about the technical and methodological challenges associated with digitisation and globalisation; rather, it focuses on statistical sociology, which scientifically deals with the peculiarities and pitfalls of governing-by-numbers, and assigns statistics a suitable position in the future informational ecosystem. Further, the book provides a comprehensive overview of modern issues in official statistics, embodied in a historical and conceptual framework that endows it with different and innovative perspectives. Central to this work is the quality of statistical information provided by official statistics. The implementation of the UN Sustainable Development Goals in the form of indicators is another driving force in the search for answers, and is addressed here….(More)”.

World stumbling zombie-like into a digital welfare dystopia, warns UN human rights expert


UN Press Release: “A UN human rights expert has expressed concerns about the emergence of the “digital welfare state”, saying that all too often the real motives behind such programs are to slash welfare spending, set up intrusive government surveillance systems and generate profits for private corporate interests.

“As humankind moves, perhaps inexorably, towards the digital welfare future it needs to alter course significantly and rapidly to avoid stumbling zombie-like into a digital welfare dystopia,” the Special Rapporteur on extreme poverty and human rights, Philip Alston, says in a report to be presented to the General Assembly on Friday.

The digital welfare state is commonly presented as an altruistic and noble enterprise designed to ensure that citizens benefit from new technologies, experience more efficient government, and enjoy higher levels of well-being. But, Alston said, the digitization of welfare systems has very often been used to promote deep reductions in the overall welfare budget, a narrowing of the beneficiary pool, the elimination of some services, the introduction of demanding and intrusive forms of conditionality, the pursuit of behavioural modification goals, the imposition of stronger sanctions regimes, and a complete reversal of the traditional notion that the state should be accountable to the individual….(More)”.

Merging the ‘Social’ and the ‘Public’: How Social Media Platforms Could Be a New Public Forum


Paper by Amélie Pia Heldt: “When Facebook and other social media sites announced in August 2018 they would ban extremist speakers such as conspiracy theorist Alex Jones for violating their rules against hate speech, reactions were strong. Either they would criticize that such measures were only a drop in the bucket with regards to toxic and harmful speech online, or they would despise Facebook & Co. for penalizing only right-wing speakers, hence censoring political opinions and joining some type of anti-conservative media conglomerate. This anecdote foremost begged the question: Should someone like Alex Jones be excluded from Facebook? And the question “should” includes the one of “may Facebook exclude users for publishing political opinions?”.

As social media platforms take up more and more space in our daily lives, enabling not only individual and mass communication, but also offering payment and other services, there is still a need for a common understanding with regards to the social and communicative space they create in cyberspace. By common I mean on a global scale since this is the way most social media platforms operate or aim for (see Facebook’s mission statement: “bring the world closer together”). While in social science a new digital sphere was proclaimed and social media platforms can be categorized as “personal publics”, there is no such denomination in legal scholarship that is globally agreed upon. Public space can be defined as a free room between the state and society, as a space for freedom. Generally, it is where individuals are protected by their fundamental rights while operating in the public sphere. However, terms like forum, space, and sphere may not be used as synonyms in this discussion. Under the First Amendment, the public forum doctrine mainly serves the purposes of democracy and truth and could be perpetuated in communication services that promote direct dialogue between the state and citizens. But where and by whom is the public forum guaranteed in cyberspace? The notion of the public space in cyberspace is central and it constantly evolves as platforms become broader in their services, hence it needs to be examined more closely. When looking at social media platforms we need to take into account how they moderate speech and subsequently how they influence social processes. If representative democracies are built on the grounds of deliberation, it is essential to safeguard the room for public discourse to actually happen. Are constitutional concepts for the analog space transferable into the digital? Should private actors such as social media platforms be bound by freedom of speech without being considered state actors? And, accordingly, create a new type of public forum?

The goal of this article is to provide answers to the questions mentioned….(More)”.