Book by Hermann-Josef Blanke and Ricardo Perlingeiro: “This book presents a comparative study on access to public information in the context of the main legal orders worldwide. The international team of authors analyzes the Transparency- and Freedom-to-Information legislation with regard to the scope of the right to access, limitations of this right inherent in the respective national laws, the procedure, the relationship with domestic legislation on administrative procedure, as well as judicial protection. It particularly focuses on the Brazilian law of access to information, which is interpreted as a benchmark for regulations in other Latin-American states….(More)”
AI and the Law: Setting the Stage
Urs Gasser: “Lawmakers and regulators need to look at AI not as a homogenous technology, but a set of techniques and methods that will be deployed in specific and increasingly diversified applications. There is currently no generally agreed-upon definition of AI. What is important to understand from a technical perspective is that AI is not a single, homogenous technology, but a rich set of subdisciplines, methods, and tools that bring together areas such as speech recognition, computer vision, machine translation, reasoning, attention and memory, robotics and control, etc. ….
Given the breadth and scope of application, AI-based technologies are expected to trigger a myriad of legal and regulatory issues not only at the intersections of data and algorithms, but also of infrastructures and humans. …
When considering (or anticipating) possible responses by the law vis-à-vis AI innovation, it might be helpful to differentiate between application-specific and cross-cutting legal and regulatory issues. …
Information asymmetries and high degrees of uncertainty pose particular difficulty to the design of appropriate legal and regulatory responses to AI innovations — and require learning systems. AI-based applications — which are typically perceived as “black boxes” — affect a significant number of people, yet there are nonetheless relatively few people who develop and understand AI-based technologies. ….Approaches such as regulation 2.0, which relies on dynamic, real-time, and data-driven accountability models, might provide interesting starting points.
The responses to a variety of legal and regulatory issues across different areas of distributed applications will likely result in a complex set of sector-specific norms, which are likely to vary across jurisdictions….
Law and regulation may constrain behavior yet also act as enablers and levelers — and are powerful tools as we aim for the development of AI for social good. …
Law is one important approach to the governance of AI-based technologies. But lawmakers and regulators have to consider the full potential of available instruments in the governance toolbox. ….
In a world of advanced AI technologies and new governance approaches towards them, the law, the rule of law, and human rights remain critical bodies of norms. …
As AI applies to the legal system itself, however, the rule of law might have to be re-imagined and the law re-coded in the longer run….(More).
Big Data: A Twenty-First Century Arms Race
Report by Atlantic Council and Thomson Reuters: “We are living in a world awash in data. Accelerated interconnectivity, driven by the proliferation of internet-connected devices, has led to an explosion of data—big data. A race is now underway to develop new technologies and implement innovative methods that can handle the volume, variety, velocity, and veracity of big data and apply it smartly to provide decisive advantage and help solve major challenges facing companies and governments
For policy makers in government, big data and associated technologies like machine-learning and artificial Intelligence, have the potential to drastically improve their decision-making capabilities. How governments use big data may be a key factor in improved economic performance and national security. This publication looks at how big data can maximize the efficiency and effectiveness of government and business, while minimizing modern risks. Five authors explore big data across three cross-cutting issues: security, finance, and law.
Chapter 1, “The Conflict Between Protecting Privacy and Securing Nations,” Els de Busser
Chapter 2, “Big Data: Exposing the Risks from Within,” Erica Briscoe
Chapter 3, “Big Data: The Latest Tool in Fighting Crime,” Benjamin Dean, Fellow
Chapter 4, “Big Data: Tackling Illicit Financial Flows,” Tatiana Tropina
Chapter 5, “Big Data: Mitigating Financial Crime Risk,” Miren Aparicio….Read the Publication (PDF)“
Powerlessness and the Politics of Blame
The Jefferson Lecture in the Humanities by Martha C. Nussbaum: “… I believe the Greeks and Romans are right: anger is a poison to democratic politics, and it is all the worse when fueled by a lurking fear and a sense of helplessness. As a philosopher I have been working on these ideas for some time, first in a 2016 book called Anger and Forgiveness, and now in a book in progress called The Monarchy of Fear, investigating the relationship between anger and fear. In my work, I draw not only on the Greeks and Romans, but also on some recent figures, as I shall tonight. I conclude that we should resist anger in ourselves and inhibit its role in our political culture.
That idea, however, is radical and evokes strong opposition. For anger, with all its ugliness, is a popular emotion. Many people think that it is impossible to care for justice without anger at injustice, and that anger should be encouraged as part of a transformative process. Many also believe that it is impossible for individuals to stand up for their own self-respect without anger, that someone who reacts to wrongs and insults without anger is spineless and downtrodden. Nor are these ideas confined to the sphere of personal relations. The most popular position in the sphere of criminal justice today is retributivism, the view that the law ought to punish aggressors in a manner that embodies the spirit of justified anger. And it is also very widely believed that successful challenges against great injustice need anger to make progress.
Still, we may persist in our Aeschylean skepticism, remembering that recent years have seen three noble and successful freedom movements conducted in a spirit of non-anger: those of Mohandas Gandhi, Martin Luther King, Jr., and Nelson Mandela—surely people who stood up for their self-respect and that of others, and who did not acquiesce in injustice.
I’ll now argue that a philosophical analysis of anger can help us support these philosophies of non-anger, showing why anger is fatally flawed from a normative viewpoint—sometimes incoherent, sometimes based on bad values, and especially poisonous when people use it to deflect attention from real problems that they feel powerless to solve. Anger pollutes democratic politics and is of dubious value in both life and the law. I’ll present my general view, and then show its relevance to thinking well about the struggle for political justice, taking our own ongoing struggle for racial justice as my example. And I’ll end by showing why these arguments make it urgent for us to learn from literature and philosophy, keeping the humanities strong in our society….(More)”
Blockchains, personal data and the challenge of governance
Theo Bass at NESTA: “…There are a number of dominant internet platforms (Google, Facebook, Amazon, etc.) that hoard, analyse and sell information about their users in the name of a more personalised and efficient service. This has become a problem.
People feel they are losing control over how their data is used and reused on the web. 500 million adblocker downloads is a symptom of a market which isn’t working well for people. As Irene Ng mentions in a recent guest blog on the Nesta website, the secondary data market is thriving (online advertising is a major player), as companies benefit from the opacity and lack of transparency about where profit is made from personal data.
It’s said that blockchain’s key characteristics could provide a foundational protocol for a fairer digital identity system on the web. Beyond its application as digital currency, blockchain could provide a new set of technical standards for transparency, openness, and user consent, on top of which a whole new generation of services might be built.
While the aim is ambitious, a handful of projects are rising to the challenge.
Blockstack is creating a global system of digital IDs, which are written into the bitcoin blockchain. Nobody can touch them other than the owner of that ID. Blockstack are building a new generation of applications on top of this infrastructure which promises to provide “a new decentralized internet where users own their data and apps run locally”.
Sovrin attempts to provide users with “self-sovereign identity”. The argument is that “centralized” systems for storing personal data make it a “treasure chest for attackers”. Sovrin argues that users should more easily be able to have “ownership” over their data, and the exchange of data should be made possible through a decentralised, tamper-proof ledger of transactions between users.
Our own DECODE project is piloting a set of collaboratively owned, local sharing economy platforms in Barcelona and Amsterdam. The blockchain aims to provide a public record of entitlements over where people’s data is stored, who can access it and for what purpose (with some additional help from new techniques in zero-knowledge cryptography to preserve people’s privacy).
There’s no doubt this is an exciting field of innovation. But the debate is characterised by a lot of hype. The following sections therefore discuss some of the challenges thrown up when we start thinking about implementations beyond bitcoin.
Blockchains and the challenge of governance
As mentioned above, bitcoin is a “bearer asset”. This is a necessary feature of decentralisation — all users maintain sole ownership over the digital money they hold on the network. If users get hacked (digital wallets sometimes do), or if a password gets lost, the money is irretrievable.
While the example of losing a password might seem trivial, it highlights some difficult questions for proponents of blockchain’s wider uses. What happens if there’s a dispute over an online transaction, but no intermediary to settle it? What happens if a someone’s digital assets or their digital identity is breached and sensitive data falls into the wrong hands? It might be necessary to assign responsibility to a governing actor to help resolve the issue, but of course this would require the introduction of a trusted middleman.
Bitcoin doesn’t try to answer these questions; its anonymous creators deliberately tried to avoid implementing a clear model of governance over the network, probably because they knew that bitcoin would be used by people as a method for subverting the law. Bitcoin still sees a lot of use in gray economies, including for the sale of drugs and gambling.
But if blockchains are set to enter the mainstream, providing for businesses, governments and nonprofits, then they won’t be able to function irrespective of the law. They will need to find use-cases that can operate alongside legal frameworks and jurisdictional boundaries. They will need to demonstrate regulatory compliance, create systems of rules and provide accountability when things go awry. This cannot just be solved through increasingly sophisticated coding.
All of this raises a potential paradox recently elaborated in a post by Vili Lehdonvirta of the Oxford Internet Institute: is it possible to successfully govern blockchains without undermining their entire purpose?….
If blockchain advocates only work towards purely technical solutions and ignore real-world challenges of trying to implement decentralisation, then we’ll only ever see flawed implementations of the technology. This is already happening in the form of centrally administered, proprietary or ‘half-baked’ blockchains, which don’t offer much more value than traditional databases….(More)”.
Regulation of Big Data: Perspectives on Strategy, Policy, Law and Privacy
Paper by Pompeu Casanovas, Louis de Koker, Danuta Mendelson and David Watts: “…presents four complementary perspectives stemming from governance, law, ethics, and computer science. Big, Linked, and Open Data constitute complex phenomena whose economic and political dimensions require a plurality of instruments to enhance and protect citizens’ rights. Some conclusions are offered in the end to foster a more general discussion.
This article contends that the effective regulation of Big Data requires a combination of legal tools and other instruments of a semantic and algorithmic nature. It commences with a brief discussion of the concept of Big Data and views expressed by Australian and UK participants in a study of Big Data use in a law enforcement and national security perspective. The second part of the article highlights the UN’s Special Rapporteur on the Right to Privacy interest in the themes and the focus of their new program on Big Data. UK law reforms regarding authorisation of warrants for the exercise of bulk data powers is discussed in the third part. Reflecting on these developments, the paper closes with an exploration of the complex relationship between law and Big Data and the implications for regulation and governance of Big Data….(More)”.
Open Data’s Effect on Food Security
Jeremy de Beer, Jeremiah Baarbé, and Sarah Thuswaldner at Open AIR: “Agricultural data is a vital resource in the effort to address food insecurity. This data is used across the food-production chain. For example, farmers rely on agricultural data to decide when to plant crops, scientists use data to conduct research on pests and design disease resistant plants, and governments make policy based on land use data. As the value of agricultural data is understood, there is a growing call for governments and firms to open their agricultural data.
Open data is data that anyone can access, use, or share. Open agricultural data has the potential to address food insecurity by making it easier for farmers and other stakeholders to access and use the data they need. Open data also builds trust and fosters collaboration among stakeholders that can lead to new discoveries to address the problems of feeding a growing population.
A network of partnerships is growing around agricultural data research. The Open African Innovation Research (Open AIR) network is researching open agricultural data in partnership with the Plant Phenotyping and Imaging Research Centre (P2IRC) and the Global Institute for Food Security (GIFS). This research builds on a partnership with the Global Open Data for Agriculture and Nutrition (GODAN) and they are exploring partnerships with Open Data for Development (OD4D) and other open data organizations.
…published two works on open agricultural data. Published in partnership with GODAN, “Ownership of Open Data” describes how intellectual property law defines ownership rights in data. Firms that collect data own the rights to data, which is a major factor in the power dynamics of open data. In July, Jeremiah Baarbé and Jeremy de Beer will be presenting “A Data Commons for Food Security” …The paper proposes a licensing model that allows farmers to benefit from the datasets to which they contribute. The license supports SME data collectors, who need sophisticated legal tools; contributors, who need engagement, privacy, control, and benefit sharing; and consumers who need open access….(More)“.
Artificial intelligence can predict which congressional bills will pass
Other algorithms have predicted whether a bill will survive a congressional committee, or whether the Senate or House of Representatives will vote to approve it—all with varying degrees of success. But John Nay, a computer scientist and co-founder of Skopos Labs, a Nashville-based AI company focused on studying policymaking, wanted to take things one step further. He wanted to predict whether an introduced bill would make it all the way through both chambers—and precisely what its chances were.
Nay started with data on the 103rd Congress (1993–1995) through the 113th Congress (2013–2015), downloaded from a legislation-tracking website call GovTrack. This included the full text of the bills, plus a set of variables, including the number of co-sponsors, the month the bill was introduced, and whether the sponsor was in the majority party of their chamber. Using data on Congresses 103 through 106, he trained machine-learning algorithms—programs that find patterns on their own—to associate bills’ text and contextual variables with their outcomes. He then predicted how each bill would do in the 107th Congress. Then, he trained his algorithms on Congresses 103 through 107 to predict the 108th Congress, and so on.
Nay’s most complex machine-learning algorithm combined several parts. The first part analyzed the language in the bill. It interpreted the meaning of words by how they were embedded in surrounding words. For example, it might see the phrase “obtain a loan for education” and assume “loan” has something to do with “obtain” and “education.” A word’s meaning was then represented as a string of numbers describing its relation to other words. The algorithm combined these numbers to assign each sentence a meaning. Then, it found links between the meanings of sentences and the success of bills that contained them. Three other algorithms found connections between contextual data and bill success. Finally, an umbrella algorithm used the results from those four algorithms to predict what would happen…. his program scored about 65% better than simply guessing that a bill wouldn’t pass, Nay reported last month in PLOS ONE…(More).
Citizen Participation: A Critical Look at the Democratic Adequacy of Government Consultations
Handbook of Cyber-Development, Cyber-Democracy, and Cyber-Defense
“Living Reference Work” edited by Elias G. Carayannis, David F. J. Campbell, and Marios Panagiotis Efthymiopoulos: “This volume covers a wide spectrum of issues relating to economic and political development enabled by information and communication technology (ICT). Showcasing contributions from researchers, industry leaders and policymakers, this Handbook provides a comprehensive overview of the challenges and opportunities created by technological innovations that are profoundly affecting the dynamics of economic growth, promotion of democratic principles, and the protection of individual, national, and regional rights. Of particular interest is the influence of ICT on the generation and dissemination of knowledge, which, in turn, empowers citizens and accelerates change across all strata of society. Each essay features literature reviews and key references; definition of critical terms and concepts, case examples; implications for practice, policy and theory; and discussion of future directions. Representing such fields as management, political science, economics, law, psychology and education, the authors cover such timely topics as health care, energy and environmental policy, banking and finance, disaster recovery, investment in research and development, homeland security and diplomacy in the context of ICT and its economic, political and social impact…(More)”