A Skeptical View of Information Fiduciaries


Paper by Lina Khan and David Pozen: “The concept of “information fiduciaries” has surged to the forefront of debates on online platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of care, confidentiality, and loyalty on doctors, lawyers, and accountants vis-à-vis their patients and clients, Balkin argues, so too should it impose special duties on corporations such as Facebook, Google, and Twitter vis-à-vis their end users. Over the past several years, this argument has garnered remarkably broad support and essentially zero critical pushback.

This Essay seeks to disrupt the emerging consensus by identifying a number of lurking tensions and ambiguities in the theory of information fiduciaries, as well as a number of reasons to doubt the theory’s capacity to resolve them satisfactorily. Although we agree with Balkin that the harms stemming from dominant online platforms call for legal intervention, we question whether the concept of information fiduciaries is an adequate or apt response to the problems of information insecurity that he stresses, much less to more fundamental problems associated with outsized market share and business models built on pervasive surveillance. We also call attention to the potential costs of adopting an information-fiduciary framework—a framework that, we fear, invites an enervating complacency toward online platforms’ structural power and a premature abandonment of more robust visions of public regulation….(More)”.

Machine Ethics: The Design and Governance of Ethical AI and Autonomous Systems


Introduction by A.F. Winfield, K. Michael, J. Pitt, V. Evers of Special Issue of Proceedings of the IEEE: “…The primary focus of this special issue is machine ethics, that is the question of how autonomous systems can be imbued with ethical values. Ethical autonomous systems are needed because, inevitably, near future systems are moral agents; consider driverless cars, or medical diagnosis AIs, both of which will need to make choices with ethical consequences. This special issue includes papers that describe both implicit ethical agents, that is machines designed to avoid unethical outcomes, and explicit ethical agents: machines which either encode or learn ethics and determine actions based on those ethics. Of course ethical machines are socio-technical systems thus, as a secondary focus, this issue includes papers that explore the societal and regulatory implications of machine ethics, including the question of ethical governance. Ethical governance is needed in order to develop standards and processes that allow us to transparently and robustly assure the safety of ethical autonomous systems and hence build public trust and confidence….(More)?

The Governance of Digital Technology, Big Data, and the Internet: New Roles and Responsibilities for Business


Introduction to Special Issue of Business and Society by Dirk Matten, Ronald Deibert & Mikkel Flyverbom: “The importance of digital technologies for social and economic developments and a growing focus on data collection and privacy concerns have made the Internet a salient and visible issue in global politics. Recent developments have increased the awareness that the current approach of governments and business to the governance of the Internet and the adjacent technological spaces raises a host of ethical issues. The significance and challenges of the digital age have been further accentuated by a string of highly exposed cases of surveillance and a growing concern about issues of privacy and the power of this new industry. This special issue explores what some have referred to as the “Internet-industrial complex”—the intersections between business, states, and other actors in the shaping, development, and governance of the Internet…(More)”.

Balancing information governance obligations when accessing social care data for collaborative research


Paper by Malkiat Thiarai, Sarunkorn Chotvijit and Stephen Jarvis: “There is significant national interest in tackling issues surrounding the needs of vulnerable children and adults. This paper aims to argue that much value can be gained from the application of new data-analytic approaches to assist with the care provided to vulnerable children. This paper highlights the ethical and information governance issues raised in the development of a research project that sought to access and analyse children’s social care data.


The paper documents the process involved in identifying, accessing and using data held in Birmingham City Council’s social care system for collaborative research with a partner organisation. This includes identifying the data, its structure and format; understanding the Data Protection Act 1998 and 2018 (DPA) exemptions that are relevant to ensure that legal obligations are met; data security and access management; the ethical and governance approval process.


The findings will include approaches to understanding the data, its structure and accessibility tasks involved in addressing ethical and legal obligations and requirements of the ethical and governance processes….(More)”.

Algorithmic fairness: A code-based primer for public-sector data scientists


Paper by Ken Steif and Sydney Goldstein: “As the number of government algorithms grow, so does the need to evaluate algorithmic fairness. This paper has three goals. First, we ground the notion of algorithmic fairness in the context of disparate impact, arguing that for an algorithm to be fair, its predictions must generalize across different protected groups. Next, two algorithmic use cases are presented with code examples for how to evaluate fairness. Finally, we promote the concept of an open source repository of government algorithmic “scorecards,” allowing stakeholders to compare across algorithms and use cases….(More)”.

Using Data Sharing Agreements as Tools of Indigenous Data Governance: Current Uses and Future Options


Paper by Martinez, A. and Rainie, S. C.: “Indigenous communities and scholars have been influencing a shift in participation and inclusion in academic and agency research over the past two decades. As a response, Indigenous peoples are increasingly asking research questions and developing their own studies rooted in their cultural values. They use the study results to rebuild their communities and to protect their lands. This process of Indigenous-driven research has led to partnering with academic institutions, establishing research review boards, and entering into data sharing agreements to protect environmental data, community information, and local and traditional knowledges.

Data sharing agreements provide insight into how Indigenous nations are addressing the key areas of data collection, ownership, application, storage, and the potential for data reuse in the future. By understanding this mainstream data governance mechanism, how they have been applied, and how they have been used in the past, we aim to describe how Indigenous nations and communities negotiate data protection and control with researchers.

The project described here reviewed publicly available data sharing agreements that focus on research with Indigenous nations and communities in the United States. We utilized qualitative analysis methods to identify specific areas of focus in the data sharing agreements, whether or not traditional or cultural values were included in the language of the data sharing agreements, and how the agreements defined data. The results detail how Indigenous peoples currently use data sharing agreements and potential areas of expansion for language to include in data sharing agreements as Indigenous peoples address the research needs of their communities and the protection of community and cultural data….(More)”.

Rescuing Human Rights: A Radically Moderate Approach


Book by Hurst Hannum: “The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility.

Rescuing Human Rights calls for understanding ‘human rights’ as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a ‘radically moderate’ approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human….(More)”.

Shutting down the internet doesn’t work – but governments keep doing it


George Ogola in The Conversation: “As the internet continues to gain considerable power and agency around the world, many governments have moved to regulate it. And where regulation fails, some states resort to internet shutdowns or deliberate disruptions.

The statistics are staggering. In India alone, there were 154 internet shutdowns between January 2016 and May 2018. This is the most of any country in the world.

But similar shutdowns are becoming common on the African continent. Already in 2019 there have been shutdowns in Cameroon, the Democratic Republic of Congo, Republic of Congo, Chad, Sudan and Zimbabwe. Last year there were 21 such shutdowns on the continent. This was the case in Togo, Sierra Leone, Sudan and Ethiopia, among others.

The justifications for such shutdowns are usually relatively predictable. Governments often claim that internet access is blocked in the interest of public security and order. In some instances, however, their reasoning borders on the curious if not downright absurd, like the case of Ethiopia in 2017 and Algeria in 2018 when the internet was shut down apparently to curb cheating in national examinations.

Whatever their reasons, governments have three general approaches to controlling citzens’ access to the web.

How they do it

Internet shutdowns or disruptions usually take three forms. The first and probably the most serious is where the state completely blocks access to the internet on all platforms. It’s arguably the most punitive, with significant socialeconomic and political costs.

The financial costs can run into millions of dollars for each day the internet is blocked. A Deloitte report on the issue estimates that a country with average connectivity could lose at least 1.9% of its daily GDP for each day all internet services are shut down.

For countries with average to medium level connectivity the loss is 1% of daily GDP, and for countries with average to low connectivity it’s 0.4%. It’s estimated that Ethiopia, for example, could lose up to US$500,000 a day whenever there is a shutdown. These shutdowns, then, damage businesses, discourage investments, and hinder economic growth.

The second way that governments restrict internet access is by applying content blocking techniques. They restrict access to particular sites or applications. This is the most common strategy and it’s usually targeted at social media platforms. The idea is to stop or limit conversations on these platforms.

Online spaces have become the platform for various forms of political expression that many states especially those with authoritarian leanings consider subversive. Governments argue, for example, that social media platforms encourage the spread of rumours which can trigger public unrest.

This was the case in 2016 in Uganda during the country’s presidential elections. The government restricted access to social media, describing the shutdown as a “security measure to avert lies … intended to incite violence and illegal declaration of election results”.

In Zimbabwe, the government blocked social media following demonstrations over an increase in fuel prices. It argued that the January 2019 ban was because the platforms were being “used to coordinate the violence”.

The third strategy, done almost by stealth, is the use of what is generally known as “bandwidth throttling”. In this case telecom operators or internet service providers are forced to lower the quality of their cell signals or internet speed. This makes the internet too slow to use. “Throttling” can also target particular online destinations such as social media sites….(More)”

Mapping the challenges and opportunities of artificial intelligence for the conduct of diplomacy


DiploFoundation: “This report provides an overview of the evolution of diplomacy in the context of artificial intelligence (AI). AI has emerged as a very hot topic on the international agenda impacting numerous aspects of our political, social, and economic lives. It is clear that AI will remain a permanent feature of international debates and will continue to shape societies and international relations.

It is impossible to ignore the challenges – and opportunities – AI is bringing to the diplomatic realm. Its relevance as a topic for diplomats and others working in international relations will only increase….(More)”.

Research Handbook on Human Rights and Digital Technology


Book edited by Ben Wagner, Matthias C. Kettemann and Kilian Vieth: “In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies…(More)”.