Publicizing Corporate Secrets for Public Good

Curated on Posted on by Stefaan Verhulst

Paper by Christopher Morten: “Federal regulatory agencies in the United States hold a treasure trove of valuable information essential to a functional society. Yet little of this immense and nominally “public” resource is accessible to the public. That worrying phenomenon is particularly true for the valuable information that agencies hold on powerful private actors. Corporations regularly shield vast swaths of the information they share with federal regulatory agencies from public view, claiming that the information contains legally protected trade secrets (or other proprietary “confidential commercial information”). Federal agencies themselves have largely acceded to these claims and even fueled them, by construing restrictively various doctrines of law, including trade secrecy law, freedom of information law, and constitutional law. Today, these laws—and fear of these laws—have reduced to a trickle the flow of information that the public can access. This should not and need not be the case.

This article challenges the conventional wisdom that trade secrecy law restricts public agencies’ power to publicize private businesses’ secrets. In fact, federal agencies, and regulatory agencies especially, have long held and still hold statutory and constitutional authority to obtain and divulge otherwise secret information on private actors, when doing so serves the public interest. For many regulatory agencies, that authority extends even to bona fide trade secrets. In an age of “informational capitalism,” this disclosure authority makes U.S. federal regulatory agencies uniquely valuable—and perhaps uniquely dangerous. Building on recent work that explores this right in the context of drugs and vaccines, and drawing heavily from scholarship in privacy and information law, the article proposes a practical framework that regulators can use to publicize secret information in a way that maximizes public benefit and minimizes private harm. Rather than endorse unconstrained information disclosure—transparency for transparency’s sake—this article instead proposes controlled “information publicity,” in which regulators cultivate carefully bounded “gardens” of secret information. Within these gardens, agencies admit only certain users and certain uses of information. Drawing on existing but largely overlooked real-world examples, the article shows that regulators can effectively and selectively publicize trade secret information to noncommercial users while thwarting commercial uses. Regulators can protect trade secrets’ integrity vis-à-vis competitors while simultaneously unlocking new, socially valuable uses…(More)”.

Holding Out for Something Better

Curated on Posted on by Stefaan Verhulst

Essay by Rebecca Williams on the “Limits of Customer Service and Administrative Burden Frameworks” : “On December 13th, the Biden Administration published an Executive Order on Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government. The EO promises to improve a slew of government services with the help of technology and rests on a theory of change that these “customer service” improvements will “engender trust,” but does not speak to changing the substance of these public goods, which may be the primary cause of the public’s trust issues, only their delivery. While the EO harkens to democratic principles, it makes no mention of how public input informed why they were prioritizing the delivery of the services mentioned versus other services.

Words are imbued with meaning and connotation and using “customer service” to describe the delivery of public goods has a dark side. It’s not just that the analogy doesn’t logically work — everything that makes “customer service” high quality in the business context is missing from government, there is no competition forcing the government to attract and retain customers — this phrase will not get us there. It’s that this mismatch of power dynamics makes it a dangerous phrase to substitute in. Calling the public “customers” implicitly reduces their participatory power to mere consumers and doesn’t fully embody the government’s duty to serve all its people well.

Michèle Champagne @michhhamI “love how “service design” and “design thinking” consultants have slowly invaded public policy circles, where public servants and policymakers are taught that “design skills“ are mandatory positive thinking, rapid prototyping, and problem solving. Thing is, that‘s solutionism.April 21st 2021“

It’s important in these times of diminished voter rights, rising police surveillance, and prosecution of protestors to protect our democratic rights and be wary of anyone co-opting democratic language for lesser rights. As illustrated by Michèle Champagne’s brilliant tweet (above), asking for feedback after the bulk of the substance has been decided isn’t democratic, it’s providing a very small set of choices and dressing it up as democratic.

Let’s move away from consumer language for public goods to participatory and rights-based language; let’s lead delivery improvement initiatives with public input and place these improvements in the service of larger debates about what collective goods we want to have as a community. For example, if 63% of the population is supportive of healthcare for all, let’s be sure related public service improvements contemplate and serve that substantive expansion; investing in more application infrastructure might make less sense than considering how technology can support the issuance of universal medicare cards or uniform reporting standards. This is a job the Executive Branch could spearhead (the Federal Government takes on pilots projects routinely with input from the public), but it is also one the larger civic tech community should hold in their minds as a possibility…(More)”.

Mission-oriented innovation

Curated on Posted on by Stefaan Verhulst

Handbook by Vinnova: “Mission-oriented innovation aims to create change at the system level where everyone involved is involved and drives development. The working method is a tool for achieving jointly set sustainability goals on a broad basis and with great impact.

In this handbook, we tell about Vinnova’s work together with a number of relevant actors to jointly create mission-oriented innovation. You can follow how the actors under 2019-2021 test and develop the working method in the two different areas of food and mobility, respectively. This is a story about how the tool mission-oriented innovation can be used and a guide with concrete tips on how it can be done…(More)”.

The New Fire: War, Peace, and Democracy in the Age of AI

Curated on Posted on by Stefaan Verhulst

Book by Ben Buchanan and Andrew Imbrie: “Artificial intelligence is revolutionizing the modern world. It is ubiquitous—in our homes and offices, in the present and most certainly in the future. Today, we encounter AI as our distant ancestors once encountered fire. If we manage AI well, it will become a force for good, lighting the way to many transformative inventions. If we deploy it thoughtlessly, it will advance beyond our control. If we wield it for destruction, it will fan the flames of a new kind of war, one that holds democracy in the balance. As AI policy experts Ben Buchanan and Andrew Imbrie show in The New Fire, few choices are more urgent—or more fascinating—than how we harness this technology and for what purpose.

The new fire has three sparks: data, algorithms, and computing power. These components fuel viral disinformation campaigns, new hacking tools, and military weapons that once seemed like science fiction. To autocrats, AI offers the prospect of centralized control at home and asymmetric advantages in combat. It is easy to assume that democracies, bound by ethical constraints and disjointed in their approach, will be unable to keep up. But such a dystopia is hardly preordained. Combining an incisive understanding of technology with shrewd geopolitical analysis, Buchanan and Imbrie show how AI can work for democracy. With the right approach, technology need not favor tyranny…(More)”.

Artificial Intelligence and Democratic Values

Curated on Posted on by Stefaan Verhulst

Introduction to Special Issue of the Turkish Policy Quarterly (TPQ): “…Artificial intelligence has fast become part of everyday life, and we wanted to understand how it fits into democratic values. It was important for us to ask how we can ensure that AI and digital policies will promote broad social inclusion, which relies on fundamental rights, democratic institutions, and the rule of law. There seems to be no shortage of principles and concepts that support the fair and responsible use of AI systems, yet it’s difficult to determine how to efficiently manage or deploy those systems today.

Merve Hickok and Marc Rotenberg, two TPQ Advisory Board members, wrote the lead article for this issue. In a world where data means power, vast amounts of data are collected every day by both private companies and government agencies, which then use this data to fuel complex systems for automated decision-making now broadly described as “Artificial Intelligence.” Activities managed with these AI systems range from policing to military, to access to public services and resources such as benefits, education, and employment. The expected benefits from having national talent, capacity, and capabilities to develop and deploy these systems also drive a lot of national governments to prioritize AI and digital policies. A crucial question for policymakers is how to reap the benefits while reducing the negative impacts of these sociotechnical systems on society.

Gabriela Ramos, Assistant Director-General for Social and Human Sciences of UNESCO, has written an article entitled “Ethics of AI and Democracy: UNESCO’s Recommendation’s Insights”. In her article, she discusses how artificial intelligence (AI) can affect democracy. The article discusses the ways in which Artificial Intelligence is affecting democratic processes, democratic values, and the political and social behavior of citizens. The article notes that the use of artificial intelligence, and its potential abuse by some government entities, as well as by big private corporations, poses a serious threat to rights-based democratic institutions, processes, and norms. UNESCO announced a remarkable consensus agreement among 193 member states creating the first-ever global standard on the ethics of AI that could serve as a blueprint for national AI legislation and a global AI ethics benchmark.

Paul Nemitz, Principal Adviser on Justice Policy at the EU Commission, addresses the question of what drives democracy. In his view, technology has undoubtedly shaped democracy. However, technology as well as legal rules regarding technology have shaped and have been shaped by democracy. This is why he says it is essential to develop and use technology according to democratic principles. He writes that there are libertarians today who purposefully design technological systems in such a way that challenges democratic control. It is, however, clear that there is enough counterpower and engagement, at least in Europe, to keep democracy functioning, as long as we work together to create rules that are sensible for democracy’s future and confirm democracy’s supremacy over technology and business interests.

Research associate at the University of Oxford and Professor at European University Cyprus, Paul Timmers, writes about how AI challenges sovereignty and democracy. AI is wonderful. AI is scary. AI is the path to paradise. AI is the path to hell.  What do we make of these contradictory images when, in a world of AI, we seek to both protect sovereignty and respect democratic values? Neither a techno-utopian nor a dystopian view of AI is helpful. The direction of travel must be global guidance and national or regional AI law that stresses end-to-end accountability and AI transparency, while recognizing practical and fundamental limits.

Tania Sourdin, Dean of Newcastle Law School, Australia, asks: what if judges were replaced by AI? She believes that although AI will increasingly be used to support judges when making decisions in most jurisdictions, there will also be attempts over the next decade to totally replace judges with AI. Increasingly, we are seeing a shift towards Judge AI, and to a certain extent we are seeing shifts towards supporting Judge AI, which raises concerns related to democratic values, structures, and what judicial independence means. The reason for this may be partly due to the systems used being set up to support a legal interpretation that fails to allow for a nuanced and contextual view of the law.

Pam Dixon, Executive Director of the World Privacy Forum, writes about biometric technologies. She says that biometric technologies encompass many types, or modalities, of biometrics today, such as face recognition, iris recognition, fingerprint recognition, and DNA recognition, both separately and in combination. A growing body of law and regulations seeks to mitigate the risks associated with biometric technologies as they are increasingly understood as a technology of concern based on scientific data.

We invite you to learn more about how our world is changing. As a way to honor this milestone, we have assembled a list of articles from around the world from some of the best experts in their field. This issue would not be possible without the assistance of many people. In addition to the contributing authors, there were many other individuals who contributed greatly. TPQ’s team is proud to present you with this edition….(More)” (Full list)”

Controversy Mapping: A Field Guide

Curated on Posted on by Stefaan Verhulst

Book by Tommaso Venturini, and Anders Kristian Munk: “As disputes concerning the environment, the economy, and pandemics occupy public debate, we need to learn to navigate matters of public concern when facts are in doubt and expertise is contested.

Controversy Mapping is the first book to introduce readers to the observation and representation of contested issues on digital media. Drawing on actor-network theory and digital methods, Venturini and Munk outline the conceptual underpinnings and the many tools and techniques of controversy mapping. They review its history in science and technology studies, discuss its methodological potential, and unfold its political implications. Through a range of cases and examples, they demonstrate how to chart actors and issues using digital fieldwork and computational techniques. A preface by Richard Rogers and an interview with Bruno Latour are also included.

A crucial field guide and hands-on companion for the digital age, Controversy Mapping is an indispensable resource for students and scholars of media and communication, as well as activists, journalists, citizens, and decision makers…(More)”.

Can Ukraine’s Experiments in Local Democracy Survive the Invasion?

Curated on Posted on by Stefaan Verhulst

Joe Mathews at Zocolo: “As I write this, Russian troops reportedly are moving north through the Odesa oblast, or region, toward the river Kodyma, along which sits a town called Balta.

This is not new territory for Balta, which like much of Ukraine has been contested over centuries of wars. But in recent years, Balta has actually broken a lot of new ground, at least when it comes to the practice of citizen-centered democracy. In 2016, Balta adopted participatory budgeting, an innovative process—originated in Brazil—in which citizens rather than officials determine their local budget. Balta also gave its young people their own governing council and a decision-making process to influence local policies.

Democracy, in its essence, is everyday people governing themselves. Such self-government happens most often at the local level, which is why countries tend to get more democratic when they decentralize.

Since the 2014 Maidan revolution, Ukraine has been among the more rapidly decentralizing, and democratizing, countries on Earth….

In a politically divided Ukraine, this devolution of local power had support across the spectrum, for a couple reasons.

The first was positive and driven by economics. Putting more money and power in localities was seen as the best bet for addressing poverty and inequality, and developing Ukraine in a balanced way that would make it a better fit with the rest of Europe, which has strong local governments. Since the 2014 Maidan revolution, Ukraine has been among the more rapidly decentralizing, and democratizing, countries on Earth.

The second reason, however, was defensive: the threat of separatism. In a country the size of Texas, greater local control was seen as the best way to placate localities and regions that might think of leaving—especially Donetsk and Luhansk, two Russian-speaking Ukrainian oblasts where Russia would make incursions (and which Putin would declare “independent” as a pretext for his new invasion).

“The path of decentralization was an asymmetrical response to the aggressor,” said Andriy Parubiy, a former speaker of Ukraine’s parliament, in 2017. “The process of the formation of capable communities was a kind of sewing of the Ukrainian space.”

Many of these newly empowered Ukrainian local governments have seized the opportunity, and not just for economic development. Municipalities have embraced political reforms—adopting ethics codes, making their records and decision-making transparent, establishing citizen-directed processes like participatory budgeting, and adding new guarantees for representation and participation of women, men, and underrepresented groups in local politics.

Just this past December, two Ukrainian cities, Khmelnytskyi and Vinnytsia, finished first and third, respectively, in a global contest for innovation in government transparency. Mariupol, a city in the southeast reportedly under siege by the Russian military, has won international praise for its model of sharing governance power with local organizations….(More)”.

Where Do My Tax Dollars Go? Tax Morale Effects of Perceived Government Spending

Curated on Posted on by Stefaan Verhulst

Paper by Matias Giaccobasso, Brad C. Nathan, Ricardo Perez-Truglia & Alejandro Zentner: “Do perceptions about how the government spends tax dollars affect the willingness to pay taxes? We designed a field experiment to test this hypothesis in a natural, high-stakes context and via revealed preferences. We measure perceptions about the share of property tax revenues that fund public schools and the share of property taxes that are redistributed to disadvantaged districts. We find that even though information on where tax dollars go is publicly available and easily accessible, taxpayers still have significant misperceptions. We use an information-provision experiment to induce exogenous shocks to these perceptions. Using administrative data on tax appeals, we measure the causal effect of perceived government spending on the willingness to pay taxes. We find that some perceptions about government spending have a significant effect on the probability of filing a tax appeal and in a manner that is consistent with the classical theory of benefit-based taxation. We discuss implications for researchers and policy makers…(More)”.

GovTech Practices in the EU

Curated on Posted on by Stefaan Verhulst

Report by Kuziemski, M., Mergel, I., Ulrich, P. and Martinez, A.: “To support governments in the EU embracing GovTech, this report provides an overview of the diversity of GovTech programmes and shares lessons learnt for setting up government-run GovTech programmes. While the focus of this report is on national GovTech programmes, its findings and conclusions can be applied to others levels of government as well. The term GovTech refers to the use of emerging technologies and digital products and services by government from start-ups and SMEs – instead of relying on large system integrators. This report presents an overview of how the existing GovTech programmes are set up in different EU member states and introduces practical case studies. This is followed by a discussion of the rationale of governments’ investment in GovTech and the barriers countries have encountered when engaging with the GovTech ecosystem. The report then distils important lessons learned for setting up government-run GovTech programmes. This report is aimed at anyone wanting to understand how governments are already supporting GovTech, and especially public sector managers who are looking for a starting point for establishing or improving a GovTech programme. It is part of two twin reports on GovTech developed by the JRC with support from the ISA² programme…(More)”.

A participatory approach for empowering community engagement in data governance: The Monash Net Zero Precinct

Curated on Posted on by Stefaan Verhulst

Paper by Darren Sharp et al: “Data governance is an emerging field of study concerned with how a range of actors can successfully manage data assets according to rules of engagement, decision rights, and accountabilities. Urban studies scholarship has continued to demonstrate and criticize lack of community engagement in smart city development and urban data governance projects, including in local sustainability initiatives. However, few move beyond critique to unpack in more detail what community engagement should look like. To overcome this gap, we develop and test a participatory methodology to identify approaches to empowering community engagement in data governance in the context of the Monash Net Zero Precinct in Melbourne, Australia. Our approach uses design for social innovation to enable a small group of “precinct citizens” to co-design prototypes and multicriteria mapping as a participatory appraisal method to open up and reveal a diversity of perspectives and uncertainties on data governance approaches. The findings reveal the importance of creating deliberative spaces for pluralising community engagement in data governance that consider the diverse values and interests of precinct citizens. This research points toward new ways to conceptualize and design enabling processes of community engagement in data governance and reflects on implementation strategies attuned to the politics of participation to support the embedding of these innovations within specific socio-institutional contexts….(More)”.