Rethinking Law


Book edited by Amy Kapczynski: “Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice.

Contributors describe how constitutional law supported a system of economic inequality; how we might rethink the First Amendment in the age of the internet; how deeply racial bias is embedded in our laws; and what kinds of changes are necessary. They ask which is more important: the laws or how they are enforced? Rethinking Law considers these questions with an eye toward a legal system that truly supports a just society…(More)”.

Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse


Book by Elizabeth M. Renieris: “Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed to protect people. In Beyond Data, Elizabeth Renieris argues that laws focused on data protection, data privacy, data security and data ownership have unintentionally failed to protect core human values, including privacy. And, as our collective obsession with data has grown, we have, to our peril, lost sight of what’s truly at stake in relation to technological development—our dignity and autonomy as people.

Far from being inevitable, our fixation on data has been codified through decades of flawed policy. Renieris provides a comprehensive history of how both laws and corporate policies enacted in the name of data privacy have been fundamentally incapable of protecting humans. Her research identifies the inherent deficiency of making data a rallying point in itself—data is not an objective truth, and what’s more, its “entirely contextual and dynamic” status makes it an unstable foundation for organizing. In proposing a human rights–based framework that would center human dignity and autonomy rather than technological abstractions, Renieris delivers a clear-eyed and radically imaginative vision of the future.

At once a thorough application of legal theory to technology and a rousing call to action, Beyond Data boldly reaffirms the value of human dignity and autonomy amid widespread disregard by private enterprise at the dawn of the metaverse….(More)”.

Everyday Data Cultures


Book by Jean Burgess, Kath Albury, Anthony McCosker, and Rowan Wilken: “The AI revolution can seem powerful and unstoppable, extracting data from every aspect of our lives and subjecting us to unprecedented surveillance and control. But at ground level, even the most advanced ‘smart’ technologies are not as all-powerful as either the tech companies or their critics would have us believe.

From gig worker activism to wellness tracking with sex toys and TikTokers’ manipulation of the algorithm, this book shows how ordinary people are negotiating the datafication of society. The book establishes a new theoretical framework for understanding everyday experiences of data and automation, and offers guidance on the ethical responsibilities we share as we learn to live together with data-driven machines…(More)”.

State of Open Data Policy Repository


The GovLab: “To accompany its State of Open Data Policy Summit, the Open Data Policy Lab announced the release of a new resource to assess recent policy developments surrounding open data, data reuse, and data collaboration around the world: State of Open Data Repository of Recent Developments.

This document examines recent legislation, directives, and proposals that affect open data and data collaboration. Its goal is to capture signals of concerns, direction and leadership as to determine what stakeholders may focus on in the future. The review currently surfaced approximately 50 examples of recent legislative acts, proposals, directives, and other policy documents, from which the Open Data Policy Lab draws findings about the need to promote more innovative policy frameworks.

This collection demonstrates that, while there is growing interest in open data and data collaboration, policy development still remains nascent and focused on open data repositories at the expense of other collaborative arrangements. As we indicated in our report on the Third Wave of Open Data, there is an urgent need for governance frameworks at the local, regional, and national level to facilitate responsible reuse…(More)”.

Digital Self-Determination as a Tool for Migrant Empowerment


Blog by Uma Kalkar, Marine Ragnet, and Stefaan Verhulst: “In 2020, there were an estimated 281 million migrants, accounting for 3.6% of the global population. Migrants move for a variety of reasons: some are forced to flee from unsafe situations caused by conflict or climate change, others voluntarily move in search of new opportunities. People on the move bring along a wealth of new data. This information creates new opportunities for data collection, use, and reuse across the migration process and by a variety of public, private, and humanitarian sectors. Increased access and use of data for migration need to be accompanied by increased agency and the empowerment of the data subjects — a concept called “digital self-determination” (DSD).

The Big Data for Migration Alliance (BD4M) is a multisectoral initiative driven by the IOM’s Global Migration Data Analysis Centre (IOM-GMDAC), the European Commission’s Knowledge Centre on Migration and Demography (KCMD), and The GovLab at New York University. Realizing the need for a paradigm change for data in migration policy, the BD4M and International Network on Digital Self-Determination (IDSD) hosted the first studio as part of its Digital Self-Determination Studio Series

Although DSD is a relatively new concept, its roots stem from philosophy, psychology and human rights jurisprudence. Broadly speaking, DSD affirms that a person’s data is an extension of themselves in cyberspace, and we therefore need to consider how to provide a certain level of autonomy and agency to individuals or communities over their digital self. The first studio sought to deconstruct this concept within the context of migration and migrants. Below we list some of the main takeaways from the studio discussions.

Takeaway #1: DSD is in essence about the power asymmetries between migrants, states, and relevant organizations. Specifically, conversations around DSD centered around “power” and “control” — there is an asymmetry between the migrant and the state or organization they interact with to move within and across borders. These imbalances center around agency (a lack of autonomy over data collection, data consciousness, and data use); choice (in who, how, and where data are used, a lack of transparency over these decisions, and power and control issues faced when seeking to access national or social rights); and participation (who gets to formulate questions and access the data?).

  • Studio participants brought up how structural requirements force migrants to be open about their data; noted the opacity around how data is sourced from migrants; and raised concerns about agency, data literacy, and advocacy across the migrant process.
  • The various hierarchies of power, and how it relates to DSD for migrants, highlighted the discrepancies in power between migrants, the state, private companies, and even NGOs.
  • Information architecture and information asymmetries are some of the central aspects to consider to achieve DSD, suggesting that DSD may relate directly to who is telling the story during a crisis and who has the power to add insights to the narratives being developed. A responsible DSD framework will hinge on the voices of migrants.
  • The right to “data consciousness” was also raised to ensure that vulnerable individuals and groups are aware of when, where, and how data are collected, processed, and stored. Nurturing this awareness helps breed agency around personal data.
Representation of power asymmetries faced by migrants in achieving their DSD.

Takeaway #2: There is a need to understand the dual meaning of DSD.

Takeaway #3: There is a need to engage migrants in needs and expectations.

Takeaway #4: A taxonomy of DSD for the various migration-related steps can support creating effective tools to protect migrants along their journey...

Takeaway #5: DSD can be achieved through policy, technology, and process innovations.

Takeaway #6: DSD opportunities need to be determined across the data life cycle….(More)”.

The Frontlines of Artificial Intelligence Ethics


Book edited by Andrew J. Hampton, and Jeanine A. DeFalco: “This foundational text examines the intersection of AI, psychology, and ethics, laying the groundwork for the importance of ethical considerations in the design and implementation of technologically supported education, decision support, and leadership training.

AI already affects our lives profoundly, in ways both mundane and sensational, obvious and opaque. Much academic and industrial effort has considered the implications of this AI revolution from technical and economic perspectives, but the more personal, humanistic impact of these changes has often been relegated to anecdotal evidence in service to a broader frame of reference. Offering a unique perspective on the emerging social relationships between people and AI agents and systems, Hampton and DeFalco present cutting-edge research from leading academics, professionals, and policy standards advocates on the psychological impact of the AI revolution. Structured into three parts, the book explores the history of data science, technology in education, and combatting machine learning bias, as well as future directions for the emerging field, bringing the research into the active consideration of those in positions of authority.

Exploring how AI can support expert, creative, and ethical decision making in both people and virtual human agents, this is essential reading for students, researchers, and professionals in AI, psychology, ethics, engineering education, and leadership, particularly military leadership…(More)”.

Behavioral Jurisprudence: Law Needs a Behavioral Revolution


Article by Benjamin van Rooij and Adam Fine: “Laws are supposed to protect us. At work, they should eliminate unsafe working conditions and harassment. On our streets, they should curb speeding, distracted driving, and driving under the influence. And throughout our countries, they should protect citizens against their own governments.

The law is the most important behavioral system we have. Yet it is designed and operated by behavioral novices. Lawyers draft legislation, interpret rules, and create policies, but legal training does not teach them how laws affect human and organizational behavior.

Law needs a behavioral revolution, like the one that rocked the field of economics. There is now a large body of empirical work that calls into question the traditional legal assumptions about how law shapes behavior. This empirical work also offers a path forward. It can help lawyers and others shaping the law understand the law’s behavioral impact and help align its intended influence on behavior to its actual effects.

For instance, the law has traditionally focused on punishment as a means to deal with harmful behavior. Yet there is no conclusive evidence that threats of incarceration or fines reduce misconduct. Most people do not understand or know the law, and thus never come to weigh the law’s incentives in deciding whether to comply with it.

The law also fails to account for the social and moral factors that affect how people interpret and follow it. For instance, social norms—what people see others do or think others hold they should do—can shape what we think the laws say. Research also shows that people are more likely to follow rules they deem legitimate, and that rules that are made and enforced in a procedurally just and fair manner enhance compliance.

And, traditionally, the law has focused on motivational aspects of wrongdoing. But behavioral responses to the law are highly situational. Here, work in criminology, particularly within environmental criminology, shows that criminal opportunities are a chief driver of criminal behavior. Relatedly, when people have their needs met, for instance when they have a livable wage or sufficient schooling, they are more likely to follow the law…(More)”.

How Secure Is Our Data, Really?


Essay by Michael Kende: “Stepping back, a 2019 study showed that 95 percent of such data breaches could have been prevented. There are two main causes of breaches that can be averted.

First, many breaches attack known vulnerabilities in online systems. We are all used to updating the operating system on our computer or phone. One of the reasons is to patch a defect that could allow a breach. But not all of us update each patch all of the time, and that leaves us exposed. Organizations operating hundreds or thousands of devices with different systems connecting them may not devote enough resources to security or may be worried about testing the compatibility of upgrades, and this leaves them exposed to hackers searching for systems that have not been updated. These challenges were exacerbated with employees working from home during pandemic restrictions, often on their own devices with less protected networks.

Second is the phenomenon known as social engineering in which an employee is tricked into providing their password. We have all received phishing emails asking us to log into a familiar site to address an urgent matter. Doing so allows the hacker to capture the user’s email address or user name and the associated password. The hacker can then use that information directly to enter the real version of the website or may find out where else the user may go and hope they use the same login details — which, human nature being what it is, is quite common. These phishing attacks highlight the asymmetric advantage held by the hackers. They can send out millions of emails and just need one person to click on the wrong link to start their attack.

Of course, if 95 percent of breaches are preventable, that means 5 percent are not. For instance, though many breaches result from known vulnerabilities in systems, a vulnerability is by definition unknown before it is discovered. Such a vulnerability, known as zero-day vulnerability, is valuable for hackers because it cannot be defended against, and they are often hoarded or sold, sometimes back to the company responsible so they can create a patch…(More)”.

Wicked Problems in Public Policy: Understanding and Responding to Complex Challenges


Book by Brian W. Head: “…offers the first overview of the ‘wicked problems’ literature, often seen as complex, open-ended, and intractable, with both the nature of the ‘problem’ and the preferred ‘solution’ being strongly contested. It contextualises the debate using a wide range of relevant policy examples, explaining why these issues attract so much attention.
There is an increasing interest in the conceptual and practical aspects of how ‘wicked problems’ are identified, understood and managed by policy practitioners. The standard public management responses to complexity and uncertainty (including traditional regulation and market-based solutions) are insufficient. Leaders often advocate and implement ideological ‘quick fixes’, but integrative and inclusive responses are increasingly being utilised to recognise the multiple interests and complex causes of these problems. This book uses examples from a wide range of social, economic and environmental fields in order to develop new insights about better solutions, and thus gain broad stakeholder acceptance for shared strategies for tackling ‘wicked problems’…(More)”.

Shaping the Future of Small and Medium-Sized Cities: A Framework for Digital Transformation


Report by the World Economic Forum: “Digital transformation is becoming a crucial support mechanism for countries as they respond to the COVID-19 pandemic and undergo economic rebuilding and sustained development. For small and medium-sized cities (SMCs), digital transformation can disrupt traditional business models, breakthrough geographical and spatial boundaries, and create new ways to live in the digital era. However, the digital transformation of SMCs presents challenges such as insufficient digital talent, funds, and resources, poor understanding and application of digital technologies, and a lack of intercity interaction and cooperation mechanisms. This report analyses the challenges, needs, and concerns of SMCs undergoing digital transformation in China, Japan, Brazil, and Singapore, proposes a methodological reference model, and suggests actions for various urban stakeholders…(More)”.