Impact: How Law Affects Behavior


Book by Lawrence M. Friedman: “Laws and regulations are ubiquitous, touching on many aspects of individual and corporate behavior. But under what conditions are laws and rules actually effective? A huge amount of recent work in political science, sociology, economics, criminology, law, and psychology, among other disciplines, deals with this question. But these fields rarely inform one another, leaving the state of research disjointed and disorganized. Lawrence M. Friedman finds order in this cacophony. Impact gathers recent findings into one overarching analysis and lays the groundwork for a cohesive body of work in what Friedman labels “impact studies.”

The first important factor that has a bearing on impact is communication. A rule or law has no effect if it never reaches its intended audience. The public’s fund of legal knowledge, the clarity of the law, and the presence of information brokers all influence the flow of information from lawmakers to citizens. After a law is communicated, subjects sometimes comply, sometimes resist, and sometimes adjust or evade. Three clusters of motives help shape which reaction will prevail: first, rewards and punishments; second, peer group influences; and third, issues of conscience, legitimacy, and morality. When all of these factors move in the same direction, law can have a powerful impact; when they conflict, the outcome is sometimes unpredictable….(More)”

Research Handbook on Digital Transformations


Book edited by F. Xavier Olleros and Majlinda Zhegu: “The digital transition of the world economy is now entering a phase of broad and deep societal impact. While there is one overall transition, there are many different sectoral transformations, from health and legal services to tax reports and taxi rides, as well as a rising number of transversal trends and policy issues, from widespread precarious employment and privacy concerns to market monopoly and cybercrime. This Research Handbook offers a rich and interdisciplinary synthesis of some of the recent research on the digital transformations currently under way.

This comprehensive study contains chapters covering sectoral and transversal analyses, all of which are specially commissioned and include cutting-edge research. The contributions featured are global, spanning four continents and seven different countries, as well as interdisciplinary, including experts in economics, sociology, law, finance, urban planning and innovation management. The digital transformations discussed are fertile ground for researchers, as established laws and regulations, organizational structures, business models, value networks and workflow routines are contested and displaced by newer alternatives….(More)”

Putting the brakes on traffic violations in China


Springwise: “When it comes to public awareness and behavior change campaigns, it’s always interesting to see how organizations effect change. Last year, we covered a Russian nonprofit which uses hologram projections of disabled drivers to ward off those tempted to take disabled parking spaces. Road deaths in China have long been a cause for concern with the WHO estimating that 250,000 people were killed on China’s roads, amongst them over 10,000 children. This figure is disputed by Chinese authorities, who put the figure around 60,000, but it is clearly a serious problem. The latest rising death toll comes from non-motorized vehicles, in particular e-bikes. Some estimates put the number of e-bikes in use in China at over 200 million. ….

In response to this alarming figure, Chinese traffic police have been trialling two interesting strategies to improve road safety, focussing in on non-motorized vehicles. The more traditional of the strategies was an online radio broadcast earlier on this month which detailed the various aspects of their law enforcement process. 210,000 people tuned in for the one hour broadcast.

The second, earlier this year, was a novel approach that – to some extent – gamified traffic regulation. Officials handed out 15,000, ’50 percent discount coupons’ to people breaking traffic rules incurring a fine. The coupons had the highway code printed on the reverse. Rule-breakers were asked ‘on the spot’ questions about the highway code which, if answered correctly, resulted in the fine being lifted altogether. ‘Contestants’ were even allowed to phone a friend. Not quite a “get out jail free card” but a good incentive for learning the highway code….(More)”

More African governments are enacting open data policies but still aren’t willing to share information


Joshua Masinde at Quartz Africa: “Working as a data journalist and researcher in Uganda, Lydia Namubiru does not remember a moment she had an easy time accessing official government data in the execution of her work. She has had to literally beg for such information from officials with little success.

In June this year, she approached the Uganda Bureau of Statistics seeking a nationally representative sample of micro data from the country’s 2014 census. Despite frequent calls and emails, she is still waiting for the information from the bureau several months down the line….

It doesn’t have to be that way of course. In neighboring Kenya there’s much optimism there’ll be a different attitude to open data. Last month civil society activists and supporters of open data celebrated the government signing the Access to Information bill into law. It comes after many years of lobbying….

Despite well-earned reputations of authoritarianism and conservative attitudes to governance, it turns out more African governments are opening up to their citizens in the guise of espousing transparency and accountability in the conduct of their affairs.

However, in truth, a government saying it’s allowing citizens to access data or information is very different from the actual practice of enabling that access. For the most part, several governments’ open data initiatives often serve far more mundane purposes and may not be the data that citizens really want—the kind that potentially exposes corruption or laxity in public service…

“Countries that have embraced open data have seen real savings in public spending and improved efficiency in services. Nowhere is this more vital than in our nations – many of which face severe health and education crises,” Nnenna Nwakanma, Africa regional coordinator at World Wide Web Foundation,points out.

 What is more prevalent now is what some open data advocates call ‘open washing’, which is described as a real threat to the open data movement according to the World Wide Web Foundation. By ‘open washing’, governments merely enact open data policies but do not follow through to full implementation. Others simply put in place strong freedom of information and right to information laws but do not really let the citizens take full advantage of the open data. This could, however, be as a result of institutional shortcomings, internal bureaucracies or lack of political will.

As the initiatives towards open data gather steam, challenges such as government agencies being unwilling to release official information as well as state bureaucracies are still prominent. Many governments are also only keen on releasing information that will not portray them as ‘naked’ but that which they feel will project them in positive light. But, as to whether laws will make governments more open, even with the information that citizens really need, is a matter of conjecture. For Namubiru, open data should be a culture that grows more subtly than by way of just passing laws for the sake of it.

“If they release enough packets of data on what they consider neutral or positive information, the storytellers will still be able to connect the dots.”…(More)”

Law in the Future


Paper by Benjamin Alarie, Anthony Niblett and Albert Yoon: “The set of tasks and activities in which humans are strictly superior to computers is becoming vanishingly small. Machines today are not only performing mechanical or manual tasks once performed by humans, they are also performing thinking tasks, where it was long believed that human judgment was indispensable. From self-driving cars to self-flying planes; and from robots performing surgery on a pig to artificially intelligent personal assistants, so much of what was once unimaginable is now reality. But this is just the beginning of the big data and artificial intelligence revolution. Technology continues to improve at an exponential rate. How will the big data and artificial intelligence revolutions affect law? We hypothesize that the growth of big data, artificial intelligence, and machine learning will have important effects that will fundamentally change the way law is made, learned, followed, and practiced. It will have an impact on all facets of the law, from the production of micro-directives to the way citizens learn of their legal obligations. These changes will present significant challenges to human lawmakers, judges, and lawyers. While we do not attempt to address all these challenges, we offer a short and positive preview of the future of law: a world of self-driving law, of legal singularity, and of the democratization of the law…(More)”

Situation vacant: technology triathletes wanted


Anne-Marie Slaughter in the Financial Times: “It is time to celebrate a new breed of triathletes, who work in technology. When I was dean in the public affairs school at Princeton, I would tell students to aim to work in the public, private and civic sectors over the course of their careers.

Solving public problems requires collaboration among government, business and civil society. Aspiring problem solvers need the culture and language of all three sectors and to develop a network of contacts in each.

The public problems we face, in the US and globally, require lawyers, economists and issue experts but also technologists. A lack of technologists capable of setting up HealthCare.gov, a website designed to implement the Affordable Care act, led President Barack Obama to create the US Digital Service, which deploys Swat tech teams to address specific problems in government agencies.

But functioning websites that deliver government services effectively are only the most obvious technological need for the public sector.

Government can reinvent how it engages with citizens entirely, for example by personalising public education with digital feedback or training jobseekers. But where to find the talent? The market for engineers, designers and project managers sees big tech companies competing for graduates from the world’s best universities.

Governments can offer only a fraction of those salaries, combined with a rigid work environment, ingrained resistance to innovation and none of the amenities and perks so dear to Silicon Valley .

Government’s comparative advantage, however, is mission and impact, which is precisely what Todd Park sells…Still, demand outstrips supply. ….The goal is to create an ecosystem for public interest technology comparable to that in public interest law. In the latter, a number of American philanthropists created role models, educational opportunities and career paths for aspiring lawyers who want to change the world.

That process began in the 1960s, and today every great law school has a public interest programme with scholarships for the most promising students. Many branches of government take on top law school graduates. Public interest lawyers coming out of government find jobs with think-tanks and advocacy organisations and take up research fellowships, often at the law schools that educated them. When they need to pay the mortgage or send their kids to college, they can work at large law firms with pro bono programmes….We need much more. Every public policy school at a university with a computer science, data science or technology design programme should follow suit. Every think-tank should also become a tech tank. Every non-governmental organisation should have at least one technologist on staff. Every tech company should have a pro bono scheme rewarding public interest work….(More)”

‘Homo sapiens is an obsolete algorithm’


Extract from Homo Deus: A Brief History of Tomorrow by Yuval Noah Harari: “There’s an emerging market called Dataism, which venerates neither gods nor man – it worships data. From a Dataist perspective, we may interpret the entire human species as a single data-processing system, with individual humans serving as its chips. If so, we can also understand the whole of history as a process of improving the efficiency of this system, through four basic methods:

1. Increasing the number of processors. A city of 100,000 people has more computing power than a village of 1,000 people.

2. Increasing the variety of processors. Different processors may use diverse ways to calculate and analyse data. Using several kinds of processors in a single system may therefore increase its dynamism and creativity. A conversation between a peasant, a priest and a physician may produce novel ideas that would never emerge from a conversation between three hunter-gatherers.

3. Increasing the number of connections between processors. There is little point in increasing the mere number and variety of processors if they are poorly connected. A trade network linking ten cities is likely to result in many more economic, technological and social innovations than ten isolated cities.

4. Increasing the freedom of movement along existing connections. Connecting processors is hardly useful if data cannot flow freely. Just building roads between ten cities won’t be very useful if they are plagued by robbers, or if some autocratic despot doesn’t allow merchants and travellers to move as they wish.
These four methods often contradict one another. The greater the number and variety of processors, the harder it is to freely connect them. The construction of the sapiens data-processing system accordingly passed through four main stages, each of which was characterised by an emphasis on different methods.

The first stage began with the cognitive revolution, which made it possible to connect unlimited sapiens into a single data-processing network. This gave sapiens an advantage over all other human and animal species. Although there is a limit to the number of Neanderthals, chimpanzees or elephants you can connect to the same net, there is no limit to the number of sapiens.

Sapiens used their advantage in data processing to overrun the entire world. However, as they spread into different lands and climates they lost touch with one another, and underwent diverse cultural transformations. The result was an immense variety of human cultures, each with its own lifestyle, behaviour patterns and world view. Hence the first phase of history involved an increase in the number and variety of human processors, at the expense of connectivity: 20,000 years ago there were many more sapiens than 70,000 years ago, and sapiens in Europe processed information differently from sapiens in China. However, there were no connections between people in Europe and China, and it would have seemed utterly impossible that all sapiens may one day be part of a single data-processing web.
The second stage began with agriculture and continued until the invention of writing and money. Agriculture accelerated demographic growth, so the number of human processors rose sharply, while simultaneously enabling many more people to live together in the same place, thereby generating dense local networks that contained an unprecedented number of processors. In addition, agriculture created new incentives and opportunities for different networks to trade and communicate.

Nevertheless, during the second phase, centrifugal forces remained predominant. In the absence of writing and money, humans could not establish cities, kingdoms or empires. Humankind was still divided into innumerable little tribes, each with its own lifestyle and world view. Uniting the whole of humankind was not even a fantasy.
The third stage kicked off with the appearance of writing and money about 5,000 years ago, and lasted until the beginning of the scientific revolution. Thanks to writing and money, the gravitational field of human co-operation finally overpowered the centrifugal forces. Human groups bonded and merged to form cities and kingdoms. Political and commercial links between different cities and kingdoms also tightened. At least since the first millennium BC – when coinage, empires, and universal religions appeared – humans began to consciously dream about forging a single network that would encompass the entire globe.

This dream became a reality during the fourth and last stage of history, which began around 1492. Early modern explorers, conquerors and traders wove the first thin threads that encompassed the whole world. In the late modern period, these threads were made stronger and denser, so that the spider’s web of Columbus’s days became the steel and asphalt grid of the 21st century. Even more importantly, information was allowed to flow increasingly freely along this global grid. When Columbus first hooked up the Eurasian net to the American net, only a few bits of data could cross the ocean each year, running the gauntlet of cultural prejudices, strict censorship and political repression.

But as the years went by, the free market, the scientific community, the rule of law and the spread of democracy all helped to lift the barriers. We often imagine that democracy and the free market won because they were “good”. In truth, they won because they improved the global data-processing system.

So over the last 70,000 years humankind first spread out, then separated into distinct groups and finally merged again. Yet the process of unification did not take us back to the beginning. When the different human groups fused into the global village of today, each brought along its unique legacy of thoughts, tools and behaviours, which it collected and developed along the way. Our modern larders are now stuffed with Middle Eastern wheat, Andean potatoes, New Guinean sugar and Ethiopian coffee. Similarly, our language, religion, music and politics are replete with heirlooms from across the planet.
If humankind is indeed a single data-processing system, what is its output? Dataists would say that its output will be the creation of a new and even more efficient data-processing system, called the Internet-of-All-Things. Once this mission is accomplished, Homo sapiens will vanish….(More)

How Big Data Analytics is Changing Legal Ethics


Renee Knake at Bloomberg Law: “Big data analytics are changing how lawyers find clients, conduct legal research and discovery, draft contracts and court papers, manage billing and performance, predict the outcome of a matter, select juries, and more. Ninety percent of corporate legal departments, law firms, and government lawyers note that data analytics are applied in their organizations, albeit in limited ways, according to a 2015 survey. The Legal Services Corporation, the largest funder of civil legal aid for low-income individuals in the United States, recommended in 2012 that all states collect and assess data on case progress/outcomes to improve the delivery of legal services. Lawyers across all sectors of the market increasingly recognize how big data tools can enhance their work.

A growing literature advocates for businesses and governmental bodies to adopt data ethics policies, and many have done so. It is not uncommon to find data-use policies prominently displayed on company or government websites, or required a part of a click-through consent before gaining access to a mobile app or webpage. Data ethics guidelines can help avoid controversies, especially when analytics are used in potentially manipulative or exploitive ways. Consider, for example, Target’s data analytics that uncovered a teen’s pregnancy before her father did, or Orbitz’s data analytics offered pricier hotels to Mac users. These are just two of numerous examples in recent years where companies faced criticism for how they used data analytics.

While some law firms and legal services organizations follow data-use policies or codes of conduct, many do not. Perhaps this is because the legal profession was not transformed as early or rapidly as other industries, or because until now, big data in legal was largely limited to e-discovery, where the data use is confined to the litigation and is subject to judicial oversight. Another reason may be that lawyers believe their rules of professional conduct provide sufficient guidance and protection. Unlike other industries, lawyers are governed by a special code of ethical obligations to clients, the justice system, and the public. In most states, this code is based in part upon the American Bar Association (ABA) Model Rules of Professional Conduct, though rules often vary from jurisdiction to jurisdiction. Several of the Model Rules are relevant to big data use. That said, the Model Rules are insufficient for addressing a number of fundamental ethical concerns.

At the moment, legal ethics for big data analytics is at best an incomplete mix of professional conduct rules and informal policies adopted by some, but not all law practices. Given the increasing prevalence of data analytics in legal services, lawyers and law students should be familiar not only with the relevant professional conduct rules, but also the ethical questions left unanswered. Listed below is a brief summary of both, followed by a proposed legal ethics agenda for data analytics. …

Questions Unanswered by Lawyer Ethics Rules 

Access/Ownership. Who owns the original data — the individual source or the holder of the pooled information? Who owns the insights drawn from its analysis? Who should receive access to the data compilation and the results?

Anonymity/Identity. Should all personally identifiable or sensitive information be removed from the data? What protections are necessary to respect individual autonomy? How should individuals be able to control and shape their electronic identity?

Consent. Should individuals affirmatively consent to use of their personal data? Or is it sufficient to provide notice, perhaps with an opt-out provision?

Privacy/Security. Should privacy be protected beyond the professional obligation of client confidentiality? How should data be secured? The ABA called upon private and public sector lawyers to implement cyber-security policies, including data use, in a 2012resolution and produced a cyber-security handbook in 2013.

Process. How involved should lawyers be in the process of data collection and analysis? In the context of e-discovery, for example, a lawyer is expected to understand how documents are collected, produced, and preserved, or to work with a specialist. Should a similar level of knowledge be required for all forms of data analytics use?

Purpose. Why was the data first collected from individuals? What is the purpose for the current use? Is there a significant divergence between the original and secondary purposes? If so, is it necessary for the individuals to consent to the secondary purpose? How will unintended consequences be addressed?

Source. What is the source of the data? Did the lawyer collect it directly from clients, or is the lawyer relying upon a third-party source? Client-based data is, of course, subject to the lawyer’s professional conduct rules. Data from any source should be trustworthy, reasonable, timely, complete, and verifiable….(More)”

Exploring Online Engagement in Public Policy Consultation: The Crowd or the Few?


Helen K. Liu in Australian Journal of Public Administration: “Governments are increasingly adopting online platforms to engage the public and allow a broad and diverse group of citizens to participate in the planning of government policies. To understand the role of crowds in the online public policy process, we analyse participant contributions over time in two crowd-based policy processes, the Future Melbourne wiki and the Open Government Dialogue. Although past evaluations have shown the significance of public consultations by expanding the engaged population within a short period of time, our empirical case studies suggest that a small number of participants contribute a disproportionate share of ideas and opinions. We discuss the implications of our initial examination for the future design of engagement platforms….(More)”

Stop the privatization of health data


John T. Wilbanks & Eric J. Topol in Nature: “Over the past year, technology titans including Google, Apple, Microsoft and IBM have been hiring leaders in biomedical research to bolster their efforts to change medicine….

In many ways, the migration of clinical scientists into technology corporations that are focused on gathering, analysing and storing information is long overdue. Because of the costs and difficulties of obtaining data about health and disease, scientists conducting clinical or population studies have rarely been able to track sufficient numbers of patients closely enough to make anything other than coarse predictions. Given such limitations, who wouldn’t want access to Internet-scale, multidimensional health data; teams of engineers who can build sensors for data collection and algorithms for analysis; and the resources to conduct projects at scales and speeds unthinkable in the public sector?

Yet there is a major downside to monoliths such as Google or smaller companies such as consumer-genetics firm 23andMe owning health data — or indeed, controlling the tools and methods used to match people’s digital health profiles to specific services.

Digital profiling in other contexts is already creating what has been termed a ‘black box’ society. Online adverts are tailored to people’s age, location, spending and browsing habits. Certain retail services have preferentially been made available only to particular groups of people. And law enforcers are being given tools to help them make sentencing decisions that cannot be openly assessed (see go.nature.com/29umpu1). This is all thanks to the deliberately hidden collection and manipulation of personal data.

If undisclosed algorithmic decision-making starts to incorporate health data, the ability of black-box calculations to accentuate pre-existing biases in society could greatly increase. Crucially, if the citizens being profiled are not given their data and allowed to share the information with others, they will not know about incorrect or discriminatory health actions — much less be able to challenge them. And most researchers won’t have access to such health data either, or to the insights gleaned from them….(More)”