Legal Aid With a Digital Twist

Curated on Posted on by Stefaan Verhulst

Tina Rosenberg in the New York Times: “Matthew Stubenberg was a law student at the University of Maryland in 2010 when he spent part of a day doing expungements. It was a standard law school clinic where students learn by helping clients — in this case, he helped them to fill out and file petitions to erase parts of their criminal records. (Last week I wrote about the lifelong effects of these records, even if there is no conviction, and the expungement process that makes them go away.)

Although Maryland has a public database called Case Search, using that data to fill out the forms was tedious. “We spent all this time moving data from Case Search onto our forms,” Stubenberg said. “We spent maybe 30 seconds on the legal piece. Why could this not be easier? This was a problem that could be fixed by a computer.”

Stubenberg knew how to code. After law school, he set out to build software that automatically did that tedious work. By September 2014 he had a prototype for MDExpungement, which went live in January 2015. (The website is not pretty — Stubenberg is a programmer, not a designer.)

With MDExpungement, entering a case number brings it up on Case Search. The software then determines whether the case is expungeable. If so, the program automatically transfers the information from Case Search to the expungement form. All that’s left is to print, sign and file it with the court.

In October 2015 a change in Maryland law made more cases eligible for expungement. Between then and March 2016, people filed 7,600 petitions to have their criminal records removed in Baltimore City District Court. More than two-thirds of them came from MDExpungement.

“With the ever-increasing amount of expungements we’re all doing, the app has just made it a lot easier,” said Mary-Denise Davis, a public defender in Baltimore. “I put in a case number and it fills the form out for me. Like magic.”

The rise of online legal forms may not be a gripping subject, but it matters. Tens of millions of Americans need legal help for civil problems — they need a divorce, child support or visitation, protection from abuse or a stay of eviction. They must hold off debt collectors or foreclosure, or get government benefits….(more)“

These Online Platforms Make Direct Democracy Possible

Curated on Posted on by Stefaan Verhulst

Tom Ladendorf in InTheseTimes: “….Around the world, organizations from political parties to cooperatives are experimenting with new modes of direct democracy made possible by the internet.

“The world has gone through extraordinary technological innovation,” says Agustín Frizzera of Argentina’s Net Party. “But governments and political institutions haven’t innovated enough.”

The founders of the four-year-old party have also built an online platform, DemocracyOS, that lets users discuss and vote on proposals being considered by their legislators.

Anyone can adopt the technology, but the Net Party uses it to let Buenos Aires residents debate City Council measures. A 2013 thread, for example, concerned a plan to require bars and restaurants to make bathrooms free and open to the public.

“I recognize the need for freely available facilities, but it is the state who should be offering this service,” reads the top comment, voted most helpful by users. Others argued that private bathrooms open the door to discrimination. Ultimately, 56.9 percent of participants supported the proposal, while 35.3 percent voted against and 7.8 percent abstained….

A U.S. company called PlaceAVote, launched in 2014, takes what it calls a more pragmatic approach. According to cofounder Job Melton, PlaceAVote’s goal is to “work within the system we have now and fix it from the inside out” instead of attempting the unlikely feat of building a third U.S. party.

Like the Net Party and its brethren, PlaceAVote offers an online tool that lets voters participate in decision making. Right now, the technology is in public beta at PlaceAVote.com, allowing users nationwide to weigh in on legislation before Congress….

But digital democracy has applications that extend beyond electoral politics. A wide range of groups are using web-based decision-making tools internally. The Mexican government, for example, has used DemocracyOS to gather citizen feedback on a data-protection law, and Brazilian civil society organizations are using it to encourage engagement with federal and municipal policy-making.

Another direct-democracy tool in wide use is Loomio, developed by a cooperative in New Zealand. Ben Knight, one of Loomio’s cofounders, sums up his experience with Occupy as one of “seeing massive potential of collective decision making, and then realizing how difficult it could be in person.” After failing to find an online tool to facilitate the process, the Loomio team created a platform that enables online discussion with a personal element: Votes are by name and voters can choose to “disagree” with or even “block” proposals. Provo, Utah, uses Loomio for public consultation, and a number of political parties use Loomio for local decision making, including the Brazilian Pirate Party, several regional U.K. Green Party chapters and Spain’s Podemos. Podemos has enthusiastically embraced digital-democracy tools for everything from its selection of European Parliament candidates to the creation of its party platform….(More)”

Big data: big power shifts?

Curated on Posted on by Stefaan Verhulst

Special issue of Internet Policy Review: “Facing general conceptions of the power effects of big data, this thematic edition is interested in studies that scrutinise big data and power in concrete fields of application. It brings together scholars from different disciplines who analyse the fields agriculture, education, border control and consumer policy. As will be made explicit in the following, each of the articles tells us something about firstly, what big data is and how it relates to power. They secondly also shed light on how we should shape “the big data society” and what research questions need to be answered to be able to do so….

The ethics of big data in big agriculture
Isabelle M. Carbonell, University of California, Santa Cruz

Regulating “big data education” in Europe: lessons learned from the US
Yoni Har Carmel, University of Haifa

The borders, they are a-changin’! The emergence of socio-digital borders in the EU
Magdalena König, Maastricht University

Beyond consent: improving data protection through consumer protection law
Michiel Rhoen, Leiden University…

(More)”

Nudging – Possibilities, Limitations and Applications in European Law and Economics

Curated on Posted on by Stefaan Verhulst

Book edited by Mathis, Klaus and Tor, Avishalom: “This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics.

Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others.

This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions….(More)”

Reining in the Big Promise of Big Data: Transparency, Inequality, and New Regulatory Frontiers

Curated on Posted on by Stefaan Verhulst

Paper by Philipp Hacker and Bilyana Petkova: “The growing differentiation of services based on Big Data harbors the potential for both greater societal inequality and for greater equality. Anti-discrimination law and transparency alone, however, cannot do the job of curbing Big Data’s negative externalities while fostering its positive effects.

To rein in Big Data’s potential, we adapt regulatory strategies from behavioral economics, contracts and criminal law theory. Four instruments stand out: First, active choice may be mandated between data collecting services (paid by data) and data free services (paid by money). Our suggestion provides concrete estimates for the price range of a data free option, sheds new light on the monetization of data collecting services, and proposes an “inverse predatory pricing” instrument to limit excessive pricing of the data free option. Second, we propose using the doctrine of unconscionability to prevent contracts that unreasonably favor data collecting companies. Third, we suggest democratizing data collection by regular user surveys and data compliance officers partially elected by users. Finally, we trace back new Big Data personalization techniques to the old Hartian precept of treating like cases alike and different cases – differently. If it is true that a speeding ticket over $50 is less of a disutility for a millionaire than for a welfare recipient, the income and wealth-responsive fines powered by Big Data that we suggest offer a glimpse into the future of the mitigation of economic and legal inequality by personalized law. Throughout these different strategies, we show how salience of data collection can be coupled with attempts to prevent discrimination against and exploitation of users. Finally, we discuss all four proposals in the context of different test cases: social media, student education software and credit and cell phone markets.

Many more examples could and should be discussed. In the face of increasing unease about the asymmetry of power between Big Data collectors and dispersed users, about differential legal treatment, and about the unprecedented dimensions of economic inequality, this paper proposes a new regulatory framework and research agenda to put the powerful engine of Big Data to the benefit of both the individual and societies adhering to basic notions of equality and non-discrimination….(More)”

Moneyballing Criminal Justice

Curated on Posted on by Stefaan Verhulst

Anne Milgram in the Atlantic: “…One area in which the potential of data analysis is still not adequately realized,however, is criminal justice. This is somewhat surprising given the success of CompStat, a law enforcement management tool that uses data to figure out how police resources can be used to reduce crime and hold law enforcement officials accountable for results. CompStat is widely credited with contributing to New York City’s dramatic reduction in serious crime over the past two decades. Yet data-driven decision-making has not expanded to the whole of the criminal justice system.

But it could. And, in this respect, the front end of the system — the part of the process that runs from arrest through sentencing — is particularly important. Atthis stage, police, prosecutors, defenders, and courts make key choices about how to deal with offenders — choices that, taken together, have an enormous impact on crime. Yet most jurisdictions do not collect or analyze the data necessary to know whether these decisions are being made in a way that accomplishes the most important goals of the criminal justice system: increased public safety,decreased recidivism, reduced cost, and the fair, efficient administration of justice.

Even in jurisdictions where good data exists, a lack of technology is often an obstacle to using it effectively. Police, jails, courts, district attorneys, and public defenders each keep separate information systems, the data from which is almost never pulled together and analyzed in a way that could answer the questions that matter most: Who is in our criminal justice system? What crimes have been charged? What risks do individual offenders pose? And which option would best protect the public and make the best use of our limited resources?

While debates about prison over-crowding, three strikes laws, and mandatory minimum sentences have captured public attention, the importance of what happens between arrest and sentencing has gone largely unnoticed. Even though I ran the criminal justice system in New Jersey, one of the largest states in the country, I had not realized the magnitude of the pretrial issues until I was tasked by theLaura and John Arnold Foundation with figuring out which aspects of criminal justice had the most need and presented the greatest opportunity for reform….

Technology could help us leverage data to identify offenders who will pose unacceptable risks to society if they are not behind bars and distinguish them from those defendants who will have lower recidivism rates if they are supervised in the community or given alternatives to incarceration before trial. Likewise, it could help us figure out which terms of imprisonment, alternatives to incarceration, and other interventions work best–and for whom. And the list does not end there.

The truth is our criminal justice system already makes these decisions every day.But it makes them without knowing whether they’re the right ones. That needs to change. If data is powerful enough to transform baseball, health care, and education, it can do the same for criminal justice….(More)”

…(More).

An Unintended Side Effect of Transparency

Curated on Posted on by Stefaan Verhulst

Stephen Engelberg in ProPublica: “In 2013, ProPublica released Prescriber Checkup, a database that detailed the prescribing habits of hundreds of thousands of doctors across the country.

ProPublica reporters used the data — which reflected prescriptions covered by Medicare’s massive drug program, known as part D — to uncover several important findings. The data showed doctors often prescribed narcotic painkillers and antipsychotic drugs in quantities that could be dangerous for their patients, many of whom were elderly. The reporters also found evidence that some doctors wrote far, far more prescriptions than their peers for expensive brand-name drugs for which there were cheaper generic alternatives. And we found instances of probable fraud that had gone undetected by the government.

The data proved equally useful for others: Doctors themselves turned to Prescriber Checkup to assess how they compared to their peers. Medical plan administrators and hospitals checked it to see whether their doctors were following best practices in treating patients. Law enforcement officials searched the database for leads on fraud and illicit trafficking in pain medications. Patients turned to the data to vet their doctors’ drug choices and compare them with others in their specialties.

Recently, though, we picked up clear signs that some readers are using the data for another purpose: To search for doctors likely to prescribe them some widely abused drugs, many of them opioids.

Like nearly everyone on the web, we use Google Analytics to collect data on our site. So far this year, it appears that perhaps as many as 25 percent of Prescriber Checkup’s page views involve narcotic painkillers, anti-anxiety medications, and amphetamines….(More)”

Offshore Leaks Database

Curated on Posted on by Stefaan Verhulst

“This ICIJ database contains information on almost 320,000 offshore entities that are part of the Panama Papers and the Offshore Leaks investigations. The data covers nearly 40 years up to the end of 2015 and links to people and companies in more than 200 countries and territories.

DISCLAIMER

There are legitimate uses for offshore companies and trusts. We do not intend to suggest or imply that any persons, companies or other entities included in the ICIJ Offshore Leaks Database have broken the law or otherwise acted improperly. Many people and entities have the same or similar names. We suggest you confirm the identities of any individuals or entities located in the database based on addresses or other identifiable information. If you find an error in the database please get in touch with us….(More)”

Critics allege big data can be discriminatory, but is it really bias?

Curated on Posted on by Stefaan Verhulst

Pradip Sigdyal at CNBC: “…The often cited case of big data discrimination points to a research conducted few years ago by Latanya Sweeny, who heads the Data Privacy Lab at Harvard University.

The case involves Google ad results when searching for certain kinds of names on the internet. In her research, Sweeney found that distinct sounding names often associated with blacks showed up with a disproportionately higher number of arrest record ads compared to white sounding names by roughly 18 percent of the time. Google has since fixed the issue, although they never publicly stated what they did to correct the problem.

The proliferation of big data in the last few years has seen other allegations of improper use and bias. These allegations run the gamut, from online price discrimination and consequences of geographic targeting to the controversial use of crime predicting technology by law enforcement, and lack of sufficient representative[data] sampleused in some public works decisions.

The benefits of big data need to be balanced with the risks associated with applying modern technologies to address societal issues. Yet data advocates believe that democratization of data has in essence givenpower to the people to affect change by transferring ‘tribal knowledge’ from experts to data-savvy practitioners.

Big data is here to stay

According to some advocates, the problem is not so much that ‘big data discriminates’, but that failures by data professionals risk misinterpreting the findings at the heart of data mining and statistical learning. They add that the benefits far outweigh the concerns.

“In my academic research and industry consulting, I have seen tremendous benefits accruing to firms, organizations and consumers alike from the use of data-driven decision-making, data science, and business analytics,” Anindya Ghose, the director of Center for Business Analytics at New York University’s Stern School of Business, said.

“To be perfectly honest, I do not at all understand these big-data cynics who engage in fear mongering about the implications of data analytics,” Ghose said.

“Here is my message to the cynics and those who keep cautioning us: ‘Deal with it, big data analytics is here to stay forever’.”…(More)”

Crowdsourced Deliberation: The Case of the Law on Off-Road Traffic in Finland

Curated on Posted on by Stefaan Verhulst

Tanja Aitamurto and Hélène Landemore in Policy & Internet: “This article examines the emergence of democratic deliberation in a crowdsourced law reform process. The empirical context of the study is a crowdsourced legislative reform in Finland, initiated by the Finnish government. The findings suggest that online exchanges in the crowdsourced process qualify as democratic deliberation according to the classical definition. We introduce the term “crowdsourced deliberation” to mean an open, asynchronous, depersonalized, and distributed kind of online deliberation occurring among self-selected participants in the context of an attempt by government or another organization to open up the policymaking or lawmaking process. The article helps to characterize the nature of crowdsourced policymaking and to understand its possibilities as a practice for implementing open government principles. We aim to make a contribution to the literature on crowdsourcing in policymaking, participatory and deliberative democracy and, specifically, the newly emerging subfield in deliberative democracy that focuses on “deliberative systems.”…(More)”