law – Page 18 – The Living Library

Information Governance in Japan: Towards a Comparative Paradigm

Curated on October 3, 2017August 3, 2018 by Stefaan Verhulst

Book by Kenji E. Kushida; Yuko Kasuya and Eiji Kawabata: “The history of human civilization has been about managing information, from hunting and gathering through contemporary times. In modern societies, information flows are central to how individuals and societies interact with governments, economies, and other countries. Despite this centrality of information, information governance—how information flows are managed—has not been a central concern of scholarship. We argue that it should be, especially now that digitization has dramatically altered the amount of information generated, how it can be transmitted, and how it can be used.

This book examines various aspects of information governance in Japan, utilizing comparative and historical perspectives. The aim is threefold: 1) to explore Japan’s society, politics, and economy through a critical but hitherto under-examined vantage that we believe cuts to the core of what modern societies are built with—information; 2) articulate a set of components which can be used to analyze other countries from the vantage of information governance; and 3) provide frameworks of reference to analyze each component.

This book is the product of a multidisciplinary, multinational collaboration between scholars based in the US and Japan. Each are experts in their own fields (economics, political science, information science, law, library science), and were brought together in two workshops to develop, explore, and analyze the conception and various of facets of information governance. This book is frontier research by proposing and taking this conception of information governance as a framework of analysis.

The introduction sets up the analysis by providing background and a framework for understanding the conception of information governance. Part I focuses on the management of government-held information. Part II examines information central to economic activity. Part III explores information flows crucial to politics and social life….(More)”.

Is the First Amendment Obsolete?

Curated on October 1, 2017August 3, 2018 by Stefaan Verhulst

Essay by Tim Wu: “The First Amendment was a dead letter for much of American history. Unfortunately, there is reason to fear it is entering a new period of political irrelevance. We live in a golden age of efforts by governments and other actors to control speech, discredit and harass the press, and manipulate public debate. Yet as these efforts mount, and the expressive environment deteriorates, the First Amendment has been confined to a narrow and frequently irrelevant role. Hence the question — when it comes to political speech in the twenty-first century, is the First Amendment obsolete?

The most important change in the expressive environment can be boiled down to one idea: it is no longer speech itself that is scarce, but the attention of listeners. Emerging threats to public discourse take advantage of this change. As Zeynep Tufekci puts it, “censorship during the Internet era does not operate under the same logic [as] it did under the heyday of print or even broadcast television.” Instead of targeting speakers directly, it targets listeners or it undermines speakers indirectly. More precisely, emerging techniques of speech control depend on (1) a range of new punishments, like unleashing “troll armies” to abuse the press and other critics, and (2) “flooding” tactics (sometimes called “reverse censorship”) that distort or drown out disfavored speech through the creation and dissemination of fake news, the payment of fake commentators, and the deployment of propaganda robots. As journalist Peter Pomerantsev writes, these techniques employ “information . . . in weaponized terms, as a tool to confuse, blackmail, demoralize, subvert and paralyze.”

The First Amendment first came to life in the early twentieth century, when the main threat to the nation’s political speech environment was state suppression of dissidents. The jurisprudence of the First Amendment was shaped by that era. It presupposes an information-poor world, and it focuses exclusively on the protection of speakers from government, as if they were rare and delicate butterflies threatened by one terrible monster.

But today, speakers are more like moths — their supply is apparently endless. The massive decline in barriers to publishing makes information abundant, especially when speakers congregate on brightly lit matters of public controversy. The low costs of speaking have, paradoxically, made it easier to weaponize speech as a tool of speech control. The unfortunate truth is that cheap speech may be used to attack, harass, and silence as much as it is used to illuminate or debate. And the use of speech as a tool to suppress speech is, by its nature, something very challenging for the First Amendment to deal with. In the face of such challenges, First Amendment doctrine seems at best unprepared. It is a body of law that waits for a pamphleteer to be arrested before it will recognize a problem. Even worse, the doctrine may actually block efforts to deal with some of the problems described here….(More)”

Are countries with a poor democratic record more likely to mandate an Aadhaar-like ID?

Curated on September 30, 2017August 3, 2018 by Stefaan Verhulst

Rohan Venkataramakrishnan at the Centre for Communication Governance: “Can a country’s democratic record indicate whether it is likely to mandate a national biometric identity? Research by scholars at the National Law University, Delhi suggests there may be some correlation, at least to indicate that robust democracies have been more cautious about adopting biometric identity systems.

The Supreme Court’s decision last month upholding a fundamental Right to Privacy for all Indians has put a renewed focus on Aadhaar, India’s 12-digit biometric identity programme that has been criticised for not only violating privacy but also lacking sufficient data protection safeguards. Challenges to the Aadhaar project, in fact, prompted the Supreme Court to take up the question of a Right to Privacy, and the apex court will hear petitions against the unique identity initiative later this year.

Ahead of those hearings, researchers from the Centre for Communication Governance at the National Law University, Delhi sought to look at the adoption of biometric identity systems by countries across the world. While examining whether countries were instituting these Aadhaar-like systems, researchers from the Centre noticed a trend wherein nations with strong biometric identity systems were less likely to have robust democratic governments.

“As we gathered and analysed the data, we noticed an interesting trend where many countries that had strong biometric ID systems, also did not have strong democratic governments,” the researchers said.

So they sought to map out their research, based on data collected primarily from countries within the Commonwealth, measured against their positions on Freedom House’s Freedom in the World index and the Economist Intelligence Unit’s Democracy index. The results show a cluster of nations with less freedoms also instituting a biometric system, while others higher up the democracy index do not have similar identity programmes….(More)”.

Polish activists turn to digital democracy

Curated on September 28, 2017August 3, 2018 by Stefaan Verhulst

Zosia Wasik in the Financial Times: “Opponents of the Polish government have mounted a series of protests on issues ranging from reform of the judiciary to an attempt to ban abortion. In February, they staged yet another, less public but intensely emotive, battle — to save the country’s trees.

At the beginning of the year, a new law allowed property owners to cut trees on their land without official permission. As a result, hundreds of trees disappeared from the centres of Polish cities as more valuable treeless plots were sold off to developers. In parallel, the government authorised extensive logging of the ancient forest in Bialowieza, a Unesco world heritage site.

“People reacted very emotionally to these practices,” says Wojciech Sanko, a co-ordinator at Code for Poland, a programme run by ePanstwo (eState), the country’s biggest non-governmental organisation in this field.

The group aims to deploy new technology tools designed to explain local and national policies, and to make it easier for citizens to take part in public life. As no one controlled the tree-cutting, for example, Mr Sanko thought technology could at least help to monitor it. First, he wanted to set up a simple digital map of trees cut in Warsaw. But as the controversial liberalisation of tree-cutting was reversed, the NGO together with local activists decided to work on another project — to map trees still standing, along with data about species and their absorption of carbon dioxide associated with climate change.

The group has also started to create an app for activists in Bialowieza forest: an open-source map that will gather all documentation from civic patrols monitoring the site, and will indicate the exact places of logging.

A trend towards recruiting technology for civic projects has been slowly gathering pace in a country that is hard to describe as socially-engaged: only 59 per cent of Poles say they have done volunteer work for the community, according to a 2016 survey by the Centre of Public Opinion Research.

Election turnout barely surpasses 50 per cent. Yet since the election of the rightwing Law and Justice government in 2015, which has introduced rapid and controversial reforms across all domains of public life, citizens have started to take a closer look at politicians and their actions.

In addition to the tree map, Code for Poland has developed a website that aggregates public data, such as tax spending or air pollution.

Mr Sanko underlines, however, that Code for Poland is much more about local communities than national politics. Many of the group’s projects are small scale, ranging from a mobile app for an animal shelter in Gdansk and a tool that shows people where they can take their garbage.

Piotr Micula, board member of Miasto Jest Nasze (The City is Ours), an urban movement in Warsaw, says that increasing access to data is fuelling the development of civic tech. “Even as a small organisation, we try to use big data and visualise it,” he says….(More)”.

Cape Town as a Smart and Safe City: Implications for Governance and Data Privacy

Curated on September 28, 2017August 3, 2018 by Stefaan Verhulst

Nora Ni Loideain at the Journal of International Data Privacy Law: “Promises abound that ‘smart city’ technologies could play a major role in developing safer, more sustainable, and equitable cities, creating paragons of democracy. However, there are concerns that governance led by ‘Big Data’ processes marks the beginning of a trend of encroachment on the individual’s liberty and privacy, even if such technologies are employed legitimately for the public’s safety and security. There are many ways in which personal data processing for law enforcement and public safety purposes may pose a threat to the privacy and data protection rights of individuals. Furthermore, the risk of such powers being misused is increased by the covert nature of the processing, and the ever-increasing capacity, and pervasiveness, of the retention, sharing, and monitoring of personal data by public authorities and business. The focus of this article concerns the use of these smart city technologies for the purposes of countering crime and ensuring public safety. Specifically, this research examines these policy-making developments, and the key initiatives to date, undertaken by the municipal authorities within the city of Cape Town. Subsequently, the examination then explores the implications of these policies and initiatives for governance, and compliance with the right to data privacy, as guaranteed under international human rights law, the Constitution of South Africa, and the national statutory framework governing data protection. In conclusion, the discussion provides reflections on the findings from this analysis, including some policy recommendations….(More)”.

A Rights-based Approach to Information in Humanitarian Assistance

Curated on September 26, 2017October 10, 2018 by Stefaan Verhulst

Paper by Daniel P. Scarnecchia, Nathaniel A. Raymond, Faine Greenwood, Caitlin Howarth and Danielle N. Poole: “Crisis-affected populations and humanitarian aid providers are both becoming increasingly reliant on information and communications technology (ICTs) for finding and provisioning aid. This is exposing critical, unaddressed gaps in the legal and ethical frameworks that traditionally defined and governed the professional conduct of humanitarian action. The most acute of these gaps is a lack of clarity about what human rights people have regarding information in disaster, and the corresponding obligations incumbent upon governments and aid providers. This need is lent urgency by emerging evidence demonstrating that the use of these technologies in crisis response may be, in some cases, causing harm to the very populations they intend to serve. Preventing and mitigating these harms, while also working to responsibly ensure access to the benefits of information during crises, requires a rights-based framework to guide humanitarian operations. In this brief report, we provide a commentary that accompanies our report, the Signal Code: A Human Rights Approach to Information During Crisis, where we have identified five rights pertaining to the use of information and data during crisis which are grounded in current international human rights and customary law. It is our belief that the continued relevance of the humanitarian project, as it grows increasingly dependent on the use of data and ICTs, urgently requires a discussion of these rights and corresponding obligations….(More)”.

Advancing Urban Health and Wellbeing Through Collective and Artificial Intelligence: A Systems Approach 3.0

Curated on September 23, 2017May 29, 2019 by Stefaan Verhulst

Policy brief by Franz Gatzweiler: “Many problems of urban health and wellbeing, such as pollution, obesity, ageing, mental health, cardiovascular diseases, infectious diseases, inequality and poverty (WHO 2016), are highly complex and beyond the reach of individual problem solving capabilities. Biodiversity loss, climate change, and urban health problems emerge at aggregate scales and are unpredictable. They are the consequence of complex interactions between many individual agents and their environments across urban sectors and scales. Another challenge of complex urban health problems is the knowledge approach we apply to understand and solve them. We are challenged to create a new, innovative knowledge approach to understand and solve the problems of urban health. The positivist approach of separating cause from effect, or observer from observed, is insufficient when human agents are both part of the problemand the solution.

Problems emerging from complexity can only be solved collectively by applying rules which govern complexity. For example, the law of requisite variety (Ashby 1960) tells us that we need as much variety in our problemsolving toolbox as there are different types of problemsto be solved, and we need to address these problems at the respective scale. No individual, hasthe intelligence to solve emergent problems of urban health alone….

Complex problems of urban health and wellbeing cause millions of premature deaths annually and are beyond the reach of individual problem-solving capabilities.
Collective and artificial intelligence (CI+AI) working together can address the complex challenges of urban health
The systems approach (SA) is an adaptive, intelligent and intelligence-creating, “data-metabolic” mechanism for solving such complex challenges
Design principles have been identified to successfully create CI and AI. Data metabolic costs are the limiting factor.
A call for collaborative action to build an “urban brain” by means of next generation systems approaches is required to save lives in the face of failure to tackle complex urban health challenges….(More)”.

Mapping service design and policy design

Curated on September 22, 2017August 3, 2018 by Stefaan Verhulst

UK Policy Lab: “…Over the summer in the Policy Lab we have started mapping different policy options, showing the variety of ways policy-makers might use their power to influence people’s actions and behaviours. We have grouped these into seven categories from low level to large scale interventions.

Carrots or sticks

These styles of intervention include traditional law-making powers (sticks) or applying softer influencing powers (carrots) such as system stewardship. In reality policy-making is much more complex than most people imagine. From this starting point we’ve created a grid of 28 different ways policy-makers operate at different stages of maturity. This is still work in progress so we would very much welcome your thoughts. We are currently building examples for each of the styles from across government. The design choices for policy-makers early in policy development shape how a policy is delivered and the kind of results that can be achieved. We have played around a lot with the language, and will continue to test this in the Lab. However, it should be clear from the array of possibilities that determining which course of action, which levers will deliver the outcomes needed, in any particular circumstance requires great skill and judgement…(More)”.

Voice or chatter? Making ICTs work for transformative citizen engagement

Curated on September 20, 2017August 3, 2018 by Stefaan Verhulst

Research Report Summary by Making All Voices Count: “What are the conditions in democratic governance that make information and communication technology (ICT)-mediated citizen engagement transformative? While substantial scholarship exists on the role of the Internet and digital technologies in triggering moments of political disruption and cascading upheavals, academic interest in the sort of deep change that transforms institutional cultures of democratic governance, occurring in ‘slow time’, has been relatively muted.

This study attempts to fill this gap. It is inspired by the idea of participation in everyday democracy and seeks to explore how ICT-mediated citizen engagement can promote democratic governance and amplify citizen voice.

ICT-mediated citizen engagement is defined by this study as comprising digitally-mediated information outreach, dialogue, consultation, collaboration and decision-making, initiated either by government or by citizens, towards greater government accountability and responsiveness.

The study involved empirical explorations of citizen engagement initiatives in eight sites – two in Asia (India and Philippines), one in Africa (South Africa), three in South America (Brazil, Colombia, Uruguay) and two in Europe (Netherlands and Spain).

This summary of the larger Research Report presents recommendations for how public policies and programmes can promote ICTs for citizen engagement and transformative citizenship. In doing so it provides an overview of the discussion the authors undertake on three inter-related dimensions, namely:

calibrating digitally mediated citizen participation as a measure of political empowerment and equality
designing techno-public spaces as bastions of inclusive democracy
ensuring that the rule of law upholds democratic principles in digitally mediated governance…(More. Full research report)