The People Versus The Algorithm: Stakeholders and AI Accountability


Paper by Jbid Arsenyan and Julia Roloff: “As artificial intelligence (AI) applications are used for a wide range of tasks, the question about who is responsible for detecting and remediating problems caused by AI applications remains disputed. We argue that responsibility attributions proposed by management scholars fail to enable a practical solution as two aspects are overlooked: the difficulty to design a complex algorithm that does not produce adverse outcomes, and the conflict of interest inherited in some AI applications by design as proprietors and users employ the application for different purposes. In this conceptual paper, we argue that effective accountability can only be delivered through solutions that enable stakeholders to employ their collective intelligence effectively in compiling problem reports and analyze problem patterns. This allows stakeholders, including governments, to hold providers of AI applications accountable, and ensure that appropriate corrections are carried out in a timely manner…(More)”.

Democracy Disrupted: Governance in an Increasingly Virtual and Massively Distributed World


Essay by Eric B. Schnurer: “It is hard not to think that the world has come to a critical juncture, a point of possibly catastrophic collapse. Multiple simultaneous crises—many of epic proportions—raise doubts that liberal democracies can govern their way through them. In fact, it is vanishingly rare to hear anyone say otherwise.

While thirty years ago, scholars, pundits, and political leaders were confidently proclaiming the end of history, few now deny that it has returned—if it ever ended. And it has done so at a time of not just geopolitical and economic dislocations but also historic technological dislocations. To say that this poses a challenge to liberal democratic governance is an understatement. As history shows, the threat of chaos, uncertainty, weakness, and indeed ungovernability always favors the authoritarian, the man on horseback who promises stability, order, clarity—and through them, strength and greatness.

How, then, did we come to this disruptive return? Explanations abound, from the collapse of industrial economies and the post–Cold War order to the racist, nativist, and ultranationalist backlash these have produced; from the accompanying widespread revolt against institutions, elites, and other sources of authority to the social media business models and algorithms that exploit and exacerbate anger and division; from sophisticated methods of information warfare intended specifically to undercut confidence in truth or facts to the rise of authoritarian personalities in virtually every major country, all skilled in exploiting these developments. These are all perfectly good explanations. Indeed, they are interconnected and collectively help to explain our current state. But as Occam’s razor tells us, the simplest explanation is often the best. And there is a far simpler explanation for why we find ourselves in this precarious state: The widespread breakdowns and failures of governance and authority we are experiencing are driven by, and largely explicable by, underlying changes in technology.

We are in fact living through technological change on the scale of the Agricultural or Industrial Revolution, but it is occurring in only a fraction of the time. What we are experiencing today—the breakdown of all existing authority, primarily but not exclusively governmental—is if not a predictable result, at least an unsurprising one. All of these other features are just the localized spikes on the longer sine wave of history…(More)”.

What Might Hannah Arendt Make of Big Data?: On Thinking, Natality, and Narrative with Big Data


Paper by Daniel Brennan: “…considers the phenomenon of Big Data through the work of Hannah Arendt on technology and on thinking. By exploring the nuance to Arendt’s critique of technology, and its relation to the social and political spheres of human activity, the paper presents a case for considering the richness of Arendt’s thought for approaching moral questions of Big Data. The paper argues that the nuances of Arendt’s writing contribute a sceptical, yet also hopeful lens to the moral potential of Big Data. The scepticism is due to the potential of big data to reduce humans to a calculable, and thus manipulatable entity. Such warnings are rife throughout Arendt’s oeuvre. The hope is found in the unique way that Arendt conceives of thinking, as having a conversation with oneself, unencumbered by ideological, or fixed accounts of how things are, in a manner which challenges preconceived notions of the self and world. If thinking can be aided by Big Data, then there is hope for Big Data to contribute to the project of natality that characterises Arendt’s understanding of social progress. Ultimately, the paper contends that Arendt’s definition of what constitutes thinking is the mediator to make sense of the morally ambivalence surrounding Big Data. By focussing on Arendt’s account of the moral value of thinking, the paper provides an evaluative framework for interrogating uses of Big Data…(More)”.

Legislating Data Loyalty


Paper by Woodrow Hartzog and NNeil M. Richards: “eil M. RichardsLawmakers looking to embolden privacy law have begun to consider imposing duties of loyalty on organizations trusted with people’s data and online experiences. The idea behind loyalty is simple: organizations should not process data or design technologies that conflict with the best interests of trusting parties. But the logistics and implementation of data loyalty need to be developed if the concept is going to be capable of moving privacy law beyond its “notice and consent” roots to confront people’s vulnerabilities in their relationship with powerful data collectors.

In this short Essay, we propose a model for legislating data loyalty. Our model takes advantage of loyalty’s strengths—it is well-established in our law, it is flexible, and it can accommodate conflicting values. Our Essay also explains how data loyalty can embolden our existing data privacy rules, address emergent dangers, solve privacy’s problems around consent and harm, and establish an antibetrayal ethos as America’s privacy identity.

We propose that lawmakers use a two-step process to (1) articulate a primary, general duty of loyalty, then (2) articulate “subsidiary” duties that are more specific and sensitive to context. Subsidiary duties regarding collection, personalization, gatekeeping, persuasion, and mediation would target the most opportunistic contexts for self-dealing and result in flexible open-ended duties combined with highly specific rules. In this way, a duty of data loyalty is not just appealing in theory—it can be effectively implemented in practice just like the other duties of loyalty our law has recognized for hundreds of years. Loyalty is thus not only flexible, but it is capable of breathing life into America’s historically tepid privacy frameworks…(More)”.

Democracy Disrupted: Governance in an Increasingly Virtual and Massively Distributed World.


Essay by Eric B. Schnurer: “…In short, it is often difficult to see where new technologies actually will lead. The same technological development can, in different settings, have different effects: The use of horses in warfare, which led seemingly inexorably in China and Europe to more centralized and autocratic states, had the effect on the other side of the world of enabling Hernán Cortés, with an army of roughly five hundred Spaniards, to defeat the massed infantries of the highly centralized, autocratic Aztec regime. Cortés’s example demonstrates that a particular technology generally employed by a concentrated power to centralize and dominate can also be used by a small insurgent force to disperse and disrupt (although in Cortés’s case this was on behalf of the eventual imposition of an even more despotic rule).

Regardless of the lack of inherent ideological content in any given technology, however, our technological realities consistently give metaphorical shape to our ideological constructs. In ancient Egypt, the regularity of the Nile’s flood cycle, which formed the society’s economic basis, gave rise to a belief in recurrent cycles of life and death; in contrast, the comparatively harsh and static agricultural patterns of the more-or-less contemporaneous Mesopotamian world produced a society that conceived of gods who simply tormented humans and then relegated them after death to sit forever in a place of dust and silence; meanwhile, the pastoral societies of the Fertile Crescent have handed down to us the vision of God as shepherd of his flock. (The Bible also gives us, in the story of Cain and Abel, a parable of the deadly conflict that technologically driven economic changes wreak: Abel was a traditional pastoralist—he tended sheep—while Cain, who planted seeds in the ground, represented the disruptive “New Economy” of settled agriculture. Tellingly, after killing off the pastoralist, the sedentarian Cain exits to found the first city.88xGenesis 4:17.)

As humans developed more advanced technologies, these in turn reshaped our conceptions of the world around us, including the proper social order. Those who possessed superior technological knowledge were invested with supernatural authority: The key to early Rome’s defense was the ability quickly to assemble and disassemble the bridges across the Tiber, so much so that the pontifex maximus—literally the “greatest bridge-builder”—became the high priest, from whose Latin title we derive the term pontiff. The most sophisticated—and arguably most crucial—technology in any town in medieval Europe was its public clock. The clock, in turn, became a metaphor for the mechanical working of the universe—God, in fact, was often conceived of as a clockmaker (a metaphor still frequently invoked to argue against evolution and for the necessity of an intelligent creator)—and for the proper form of social organization: All should know their place and move through time and space as predictably as the figurines making their regular appearances and performing their routinized interactions on the more elaborate and entertaining of these town-square timepieces.

In our own time, the leading technologies continue to provide the organizing concepts for our economic, political, and theological constructs. The factory became such a ubiquitous reflection of economic and social realities that, from the early nineteenth century onward, virtually every social and cultural institution—welfare (the poorhouse, or, as it was often called, the “workhouse”), public safety (the penitentiary), health care (the hospital), mental health (the insane asylum), “workforce” or public housing, even (as teachers often suggest to me) the education system—was consciously remodeled around it. Even when government finally tried to get ahead of the challenges posed by the Industrial Revolution by building the twentieth-century welfare state, it wound up constructing essentially a new capital of the Industrial Age in Washington, DC, with countless New Deal ministries along the Mall—resembling, as much as anything, the rows of factory buildings one can see in the steel and mill towns of the same era.

By the middle of the twentieth century, the atom and the computer came to dominate most intellectual constructs. First, the uncertainty of quantum mechanics upended mechanistic conceptions of social and economic relations, helping to foster conceptions of relativism in everything from moral philosophy to literary criticism. More recently, many scientists have come to the conclusion that the universe amounts to a massive information processor, and popular culture to the conviction that we all simply live inside a giant video game.

In sum, while technological developments are not deterministic—their outcomes being shaped, rather, by the uses we conceive to employ them—our conceptions are largely molded by these dominant technologies and the transformations they effect.99xI should note that while this argument is not deterministic, like those of most current thinkers about political and economic development such as Francis Fukuyama, Jared Diamond, and Yuval Noah Harari, neither is it materialistic, like that of Karl Marx. Marx thoroughly rejected human ideas and thinking as movers of history, which he saw as simply shaped and dictated by the technology. I am suggesting instead a dialectic between the ideal and the material. To repeat the metaphor, technological change constitutes the plate tectonics on which human contingencies are then built. To understand, then, the deeper movements of thought, economic arrangements, and political developments, both historical and contemporary, one must understand the nature of the technologies underlying and driving their unfolding…(More)“.

Responsible by Design – Principles for the ethical use of behavioural science in government


OECD Report: “The use of behavioural insights (BI) in public policy has grown over the last decade, with the largest increase of new behavioural teams emerging in the last five years. More and more governments are turning to behavioural science – a multidisciplinary approach to policy making encompassing lessons from psychology, cognitive science, neuroscience, anthropology, economics and more. There are a wide variety of frameworks and resources currently available, such as the OECD BASIC framework, designed with the purpose of helping BI practitioners and government officials infusing behavioural science throughout the policy cycle.

Despite the availability of such frameworks, there are less resources available with the primary purpose of safeguarding the responsible use of behavioural science in government. Oftentimes, teams are left to establish their own ethical standards and practices, which has resulted in an uncoordinated mosaic of procedures guiding the international community interested in upholding ethical behavioural practices. Until now, few attempts have been made to standardize ethical principles for behavioural science in public policy, and to concisely gather and present international best practices.

In light of this, we developed the first-of-its-kind Good Practice Principles for the Ethical Use of Behavioural Science in Public Policy to advance the responsible use of BI in government…(More)”.

Social Media, Freedom of Speech, and the Future of our Democracy


Book edited by Lee C. Bollinger and Geoffrey R. Stone: “One of the most fiercely debated issues of this era is what to do about “bad” speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors—including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow,Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others—to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of “bad” speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote “the public interest.” Featuring a variety of perspectives from some of America’s leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era…(More)”.

Expert Group to Eurostat releases its report on the re-use of privately-held data for Official Statistics


Blog by Stefaan Verhulst: “…To inform its efforts, Eurostat set up an expert group in 2021 on ‘Facilitating the use of new data sources for official statistics’ to reflect on opportunities offered by the data revolution to enhance the reuse of private sector data for official statistics”.

Data reuse is a particularly important area for exploration, both because of the potential it offers and because it is not sufficiently covered by current policies. Data reuse occurs when data collected for one purpose is shared and reused for another, often with resulting social benefit. Currently, this process is limited by a fragmented or outdated policy and regulatory framework, and often quite legitimate concerns over ethical challenges represented by sharing (e.g., threats to individual privacy).

Nonetheless, despite such hurdles, a wide variety of evidence supports the idea that responsible data reuse can strengthen and supplement official statistics, and potentially lead to lasting and positive social impact.

Having reviewed and deliberated about these issues over several months, the expert group issued its report this week entitled “Empowering society by reusing privately held data for official statistics”. It seeks to develop recommendations and a framework for sustainable data reuse in the production of official statistics. It highlights regulatory gaps, fragmentation of practices, and a lack of clarity regarding businesses’ rights and obligations, and it draws attention to the ways in which current efforts to reuse data have often led to ad-hoc, one-off projects rather than systematic transformation.

The report considers a wide variety of evidence, including historical, policy, and academic research, as well as the theoretical literature… (More)”.

Read the Eurostat report at: https://ec.europa.eu/eurostat/cros/content/read-final-report_en

How to get to the core of democracy


Blog by Toralf Stark, Norma Osterberg-Kaufmann and Christoph Mohamad-Klotzbach: “…Many criticisms of conceptions of democracy are directed more at the institutional design than at its normative underpinnings. These include such things as the concept of representativeness. We propose focussing more on the normative foundations assessed by the different institutional frameworks than discussing the institutional frameworks themselves. We develop a new concept, which we call the ‘core principle of democracy’. By doing so, we address the conceptual and methodological puzzles theoretically and empirically. Thus, we embrace a paradigm shift.

Collecting data is ultimately meaningless if we do not find ways to assess, summarise and theorise it. Kei Nishiyama argued we must ‘shift our attention away from the concept of democracy and towards concepts of democracy’. By the term concept we, in line with Nishiyama, are following Rawls. Rawls claimed that ‘the concept of democracy refers to a single, common principle that transcends differences and on which everyone agrees’. In contrast with this, ‘ideas of democracy (…) refer to different, sometimes contested ideas based on a common concept’. This is what Laurence Whitehead calls the ‘timeless essence of democracy’….

Democracy is a latent construct and, by nature, not directly observable. Nevertheless, we are searching for indicators and empirically observable characteristics we can assign to democratic conceptions. However, by focusing only on specific patterns of institutions, only sometimes derived from theoretical considerations, we block our view of its multiple meanings. Thus, we’ve no choice but to search behind the scenes for the underlying ‘core’ principle the institutions serve.

The singular core principle that all concepts of democracy seek to realise is political self-efficacy…(More)”.

Political self-efficacy
Source: authors’ own compilation

“Co-construction” in deliberative democracy: lessons from the French Citizens’ Convention for Climate


Paper by Louis-Gaëtan Giraudet et al: “Launched in 2019, the French Citizens’ Convention for Climate (CCC) tasked 150 randomly chosen citizens with proposing fair and effective measures to fight climate change. This was to be fulfilled through an “innovative co-construction procedure”, involving some unspecified external input alongside that from the citizens. Did inputs from the steering bodies undermine the citizens’ accountability for the output? Did co-construction help the output resonate with the general public, as is expected from a citizens’ assembly? To answer these questions, we build on our unique experience in observing the CCC proceedings and documenting them with qualitative and quantitative data. We find that the steering bodies’ input, albeit significant, did not impair the citizens’ agency, creativity, and freedom of choice. While succeeding in creating consensus among the citizens who were involved, this co-constructive approach, however, failed to generate significant support among the broader public. These results call for a strengthening of the commitment structure that determines how follow-up on the proposals from a citizens’ assembly should be conducted…(More)”.