We can’t create shared value without data. Here’s why

Curated on Posted on by Stefaan Verhulst

Article by Kriss Deiglmeier: “In 2011, I was co-teaching a course on Corporate Social Innovation at the Stanford Graduate School of Business, when our syllabus nearly went astray. A paper appeared in Harvard Business Review (HBR), titled “Creating Shared Value,” by Michael E. Porter and Mark R. Kramer. The students’ excitement was palpable: This could transform capitalism, enabling Adam Smith’s “invisible hand” to bend the arc of history toward not just efficiency and profit, but toward social impact…

History shows that the promise of shared value hasn’t exactly been realized. In the past decade, most indexes of inequality, health, and climate change have gotten worse, not better. The gap in wealth equality has widened – the combined worth of the top 1% in the United States increased from 29% of all wealth in 2011 to 32.3% in 2021 and the bottom 50% increased their share from 0.4% to 2.6% of overall wealth; everyone in between saw their share of wealth decline. The federal minimum wage has remained stagnant at $7.25 per hour while the US dollar has seen a cumulative price increase of 27.81%…

That said, data is by no means the only – or even primary – obstacle to achieving shared value, but the role of data is a key aspect that needs to change. In a shared value construct, data is used primarily for profit and not the societal benefit at the speed and scale required.

Unfortunately, the technology transformation has resulted in an emerging data divide. While data strategies have benefited the commercial sector, the public sector and nonprofits lag in education, tools, resources, and talent to use data in finding and scaling solutions. The result is the disparity between the expanding use of data to create commercial value, and the comparatively weak use of data to solve social and environmental challenges…

Data is part of our future and is being used by corporations to drive success, as they should. Bringing data into the shared value framework is about ensuring that other entities and organizations also have the access and tools to harness data for solving social and environmental challenges as well….

Business has the opportunity to help solve the data divide through a shared value framework by bringing talent, product and resources to bear beyond corporate boundaries to help solve our social and environmental challenges. To succeed, it’s essential to re-envision the shared value framework to ensure data is at the core to collectively solve these challenges for everyone. This will require a strong commitment to collaboration between business, government and NGOs – and it will undoubtedly require a dedication to increasing data literacy at all levels of education….(More)”.

The Impact of Public Transparency Infrastructure on Data Journalism: A Comparative Analysis between Information-Rich and Information-Poor Countries

Curated on Posted on by Stefaan Verhulst

Paper by Lindita Camaj, Jason Martin & Gerry Lanosga: “This study surveyed data journalists from 71 countries to compare how public transparency infrastructure influences data journalism practices around the world. Emphasizing cross-national differences in data access, results suggest that technical and economic inequalities that affect the implementation of the open data infrastructures can produce unequal data access and widen the gap in data journalism practices between information-rich and information-poor countries. Further, while journalists operating in open data infrastructure are more likely to exhibit a dependency on pre-processed public data, journalists operating in closed data infrastructures are more likely to use Access to Information legislation. We discuss the implications of our results for understanding the development of data journalism models in cross-national contexts…(More)”

The Era of Borderless Data Is Ending

Curated on Posted on by Stefaan Verhulst

David McCabe and Adam Satariano at the New York Times: “Every time we send an email, tap an Instagram ad or swipe our credit cards, we create a piece of digital data.

The information pings around the world at the speed of a click, becoming a kind of borderless currency that underpins the digital economy. Largely unregulated, the flow of bits and bytes helped fuel the rise of transnational megacompanies like Google and Amazon and reshaped global communications, commerce, entertainment and media.

Now the era of open borders for data is ending.

France, Austria, South Africa and more than 50 other countries are accelerating efforts to control the digital information produced by their citizens, government agencies and corporations. Driven by security and privacy concerns, as well as economic interests and authoritarian and nationalistic urges, governments are increasingly setting rules and standards about how data can and cannot move around the globe. The goal is to gain “digital sovereignty.”

Consider that:

  • In Washington, the Biden administration is circulating an early draft of an executive order meant to stop rivals like China from gaining access to American data.
  • In the European Union, judges and policymakers are pushing efforts to guard information generated within the 27-nation bloc, including tougher online privacy requirements and rules for artificial intelligence.
  • In India, lawmakers are moving to pass a law that would limit what data could leave the nation of almost 1.4 billion people.
  • The number of laws, regulations and government policies that require digital information to be stored in a specific country more than doubled to 144 from 2017 to 2021, according to the Information Technology and Innovation Foundation.

While countries like China have long cordoned off their digital ecosystems, the imposition of more national rules on information flows is a fundamental shift in the democratic world and alters how the internet has operated since it became widely commercialized in the 1990s.

The repercussions for business operations, privacy and how law enforcement and intelligence agencies investigate crimes and run surveillance programs are far-reaching. Microsoft, Amazon and Google are offering new services to let companies store records and information within a certain territory. And the movement of data has become part of geopolitical negotiations, including a new pact for sharing information across the Atlantic that was agreed to in principle in March…(More)”.

Regulatory Insights on Artificial Intelligence

Curated on Posted on by Stefaan Verhulst

Book edited by Mark Findlay, Jolyon Ford, Josephine Seah, and Dilan Thampapillai: “This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good.
 
Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law’s interventions. The book also engages with concerns about the ‘surveillance society’, for example regarding contact tracing technology used during the Covid-19 pandemic.
 
The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law’s relevance in giving institutional enforceability to ethics and principled design…(More)”.

Artificial intelligence is breaking patent law

Curated on Posted on by Stefaan Verhulst

Article by Alexandra George & Toby Walsh: “In 2020, a machine-learning algorithm helped researchers to develop a potent antibiotic that works against many pathogens (see Nature https://doi.org/ggm2p4; 2020). Artificial intelligence (AI) is also being used to aid vaccine development, drug design, materials discovery, space technology and ship design. Within a few years, numerous inventions could involve AI. This is creating one of the biggest threats patent systems have faced.

Patent law is based on the assumption that inventors are human; it currently struggles to deal with an inventor that is a machine. Courts around the world are wrestling with this problem now as patent applications naming an AI system as the inventor have been lodged in more than 100 countries1. Several groups are conducting public consultations on AI and intellectual property (IP) law, including in the United States, United Kingdom and Europe.

If courts and governments decide that AI-made inventions cannot be patented, the implications could be huge. Funders and businesses would be less incentivized to pursue useful research using AI inventors when a return on their investment could be limited. Society could miss out on the development of worthwhile and life-saving inventions.

Rather than forcing old patent laws to accommodate new technology, we propose that national governments design bespoke IP law — AI-IP — that protects AI-generated inventions. Nations should also create an international treaty to ensure that these laws follow standardized principles, and that any disputes can be resolved efficiently. Researchers need to inform both steps….(More)”.

Rethinking Law

Curated on Posted on by Stefaan Verhulst

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

Curated on Posted on by Stefaan Verhulst

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

Curated on Posted on by Stefaan Verhulst

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

Curated on Posted on by Stefaan Verhulst

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

Curated on Posted on by Stefaan Verhulst

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)”.