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.
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)”
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)”
Paper by Joshua C. Gellers in International Environmental Agreements: Politics, Law and Economics: “To what extent can crowdsourcing help members of civil society overcome the democratic deficit in global environmental governance? In this paper, I evaluate the utility of crowdsourcing as a tool for participatory agenda-setting in the realm of post-2015 sustainable development policy. In particular, I analyze the descriptive representativeness (e.g., the degree to which participation mirrors the demographic attributes of non-state actors comprising global civil society) of participants in two United Nations orchestrated crowdsourcing processes—the MY World survey and e-discussions regarding environmental sustainability. I find that there exists a perceptible demographic imbalance among contributors to the MY World survey and considerable dissonance between the characteristics of participants in the e-discussions and those whose voices were included in the resulting summary report. The results suggest that although crowdsourcing may present an attractive technological approach to expand participation in global governance, ultimately the representativeness of that participation and the legitimacy of policy outputs depend on the manner in which contributions are solicited and filtered by international institutions….(More)”
Ana Campoy at Quartz: “Mexico City just launched a massive experiment in digital democracy. It is asking its nearly 9 million residents to help draft a new constitution through social media. The crowdsourcing exercise is unprecedented in Mexico—and pretty much everywhere else.
as locals are known, can petition for issues to be included in the constitution through Change.org (link inSpanish), and make their case in person if they gather more than 10,000 signatures. They can also annotate proposals by the constitution drafters via PubPub, an editing platform (Spanish) similar to GoogleDocs.
The idea, in the words of the mayor, Miguel Angel Mancera, is to“bestow the constitution project (Spanish) with a democratic,progressive, inclusive, civic and plural character.”
There’s a big catch, however. The constitutional assembly—the body that has the final word on the new city’s basic law—is under no obligation to consider any of the citizen input. And then there are the practical difficulties of collecting and summarizing the myriad of views dispersed throughout one of the world’s largest cities.
That makes Mexico City’s public-consultation experiment a big test for the people’s digital power, one being watched around the world.Fittingly, the idea of crowdsourcing a constitution came about in response to an attempt to limit people power.
Fittingly, the idea of crowdsourcing a constitution came about in response to an attempt to limit people power.
For decades, city officials had fought to get out from under the thumb of the federal government, which had the final word on decisions such as who should be the city’s chief of police. This year, finally, they won a legal change that turns the Distrito Federal (federal district), similar to the US’s District of Columbia, into Ciudad de México (Mexico City), a more autonomous entity, more akin to a state. (Confusingly, it’s just part of the larger urban area also colloquially known as Mexico City, which spills into neighboring states.)
However, trying to retain some control, the Mexican congress decided that only 60% of the delegates to the city’s constitutional assembly would be elected by popular vote. The rest will be assigned by the president, congress, and Mancera, the mayor. Mancera is also the only one who can submit a draft constitution to the assembly.
Mancera’s response was to create a committee of some 30 citizens(Spanish), including politicians, human-rights advocates, journalists,and even a Paralympic gold medalist, to write his draft. He also calledfor the development of mechanisms to gather citizens’ “aspirations,values, and longing for freedom and justice” so they can beincorporated into the final document.
The mechanisms, embedded in an online platform (Spanish) that offersvarious ways to weigh in, were launched at the end of March and willcollect inputs until September 1. The drafting group has until themiddle of that month to file its text with the assembly, which has toapprove the new constitution by the end of January.
An experiment with few precedents
Mexico City didn’t have a lot of examples to draw on, since not a lot ofplaces have experience with crowdsourcing laws. In the US, a few locallawmakers have used Wiki pages and GitHub to draft bills, says MarilynBautista, a lecturer at Stanford Law School who has researched thepractice. Iceland—with a population some 27 times smaller than MexicoCity’s—famously had its citizens contribute to its constitution withinput from social media. The effort failed after the new constitution gotstuck in parliament.
In Mexico City, where many citizens already feel left out, the first bighurdle is to convince them it’s worth participating….
Then comes the task of making sense of the cacophony that will likelyemerge. Some of the input can be very easily organized—the results ofthe survey, for example, are being graphed in real time. But there could be thousands of documents and comments on the Change.org petitionsand the editing platform.
Ideas are grouped into 18 topics, such as direct democracy,transparency and economic rights. They are prioritized based on theamount of support they’ve garnered and how relevant they are, saidBernardo Rivera, an adviser for the city. Drafters get a weekly deliveryof summarized citizen petitions….
An essay about human rights on the PubPub platform.(PubPub)
The most elaborate part of the system is PubPub, an open publishing platform similar to Google Docs, which is based on a project originally developed by MIT’s Media Lab. The drafters are supposed to post essays on how to address constitutional issues, and potentially, the constitution draft itself, once there is one. Only they—or whoever they authorize—will be able to reword the original document.
User comments and edits are recorded on a side panel, with links to the portion of text they refer to. Another screen records every change, so everyone can track which suggestions have made it into the text. Members of the public can also vote comments up or down, or post their own essays….(More).
The Open Data Barometer: “Once the preserve of academics and statisticians, data has become a development cause embraced by everyone from grassroots activists to the UN Secretary-General. There’s now a clear understanding that we need robust data to drive democracy and development — and a lot of it.
Last year, the world agreed the Sustainable Development Goals (SDGs) — seventeen global commitments that set an ambitious agenda to end poverty, fight inequality and tackle climate change by 2030. Recognising that good data is essential to the success of the SDGs, the Global Partnership for Sustainable Development Data and the International Open Data Charter were launched as the SDGs were unveiled. These alliances mean the “data revolution” now has over 100 champions willing to fight for it. Meanwhile, Africa adopted the African Data Consensus — a roadmap to improving data standards and availability in a region that has notoriously struggled to capture even basic information such as birth registration.
But while much has been made of the need for bigger and better data to power the SDGs, this year’s Barometer follows the lead set by the International Open Data Charter by focusing on how much of this data will be openly available to the public.
Open data is essential to building accountable and effective institutions, and to ensuring public access to information — both goals of SDG 16. It is also essential for meaningful monitoring of progress on all 169 SDG targets. Yet the promise and possibilities offered by opening up data to journalists, human rights defenders, parliamentarians, and citizens at large go far beyond even these….
At a glance, here are this year’s key findings on the state of open data around the world:
Open data is entering the mainstream.The majority of the countries in the survey (55%) now have an open data initiative in place and a national data catalogue providing access to datasets available for re-use. Moreover, new open data initiatives are getting underway or are promised for the near future in a number of countries, including Ecuador, Jamaica, St. Lucia, Nepal, Thailand, Botswana, Ethiopia, Nigeria, Rwanda and Uganda. Demand is high: civil society and the tech community are using government data in 93% of countries surveyed, even in countries where that data is not yet fully open.
Despite this, there’s been little to no progress on the number of truly open datasets around the world.Even with the rapid spread of open government data plans and policies, too much critical data remains locked in government filing cabinets. For example, only two countries publish acceptable detailed open public spending data. Of all 1,380 government datasets surveyed, almost 90% are still closed — roughly the same as in the last edition of the Open Data Barometer (when only 130 out of 1,290 datasets, or 10%, were open). What is more, much of the approximately 10% of data that meets the open definition is of poor quality, making it difficult for potential data users to access, process and work with it effectively.
“Open-washing” is jeopardising progress. Many governments have advertised their open data policies as a way to burnish their democratic and transparent credentials. But open data, while extremely important, is just one component of a responsive and accountable government. Open data initiatives cannot be effective if not supported by a culture of openness where citizens are encouraged to ask questions and engage, and supported by a legal framework. Disturbingly, in this edition we saw a backslide on freedom of information, transparency, accountability, and privacy indicators in some countries. Until all these factors are in place, open data cannot be a true SDG accelerator.
Implementation and resourcing are the weakest links.Progress on the Barometer’s implementation and impact indicators has stalled or even gone into reverse in some cases. Open data can result in net savings for the public purse, but getting individual ministries to allocate the budget and staff needed to publish their data is often an uphill battle, and investment in building user capacity (both inside and outside of government) is scarce. Open data is not yet entrenched in law or policy, and the legal frameworks supporting most open data initiatives are weak. This is a symptom of the tendency of governments to view open data as a fad or experiment with little to no long-term strategy behind its implementation. This results in haphazard implementation, weak demand and limited impact.
The gap between data haves and have-nots needs urgent attention.Twenty-six of the top 30 countries in the ranking are high-income countries. Half of open datasets in our study are found in just the top 10 OECD countries, while almost none are in African countries. As the UN pointed out last year, such gaps could create “a whole new inequality frontier” if allowed to persist. Open data champions in several developing countries have launched fledgling initiatives, but too often those good open data intentions are not adequately resourced, resulting in weak momentum and limited success.
Governments at the top of the Barometer are being challenged by a new generation of open data adopters. Traditional open data stalwarts such as the USA and UK have seen their rate of progress on open data slow, signalling that new political will and momentum may be needed as more difficult elements of open data are tackled. Fortunately, a new generation of open data adopters, including France, Canada, Mexico, Uruguay, South Korea and the Philippines, are starting to challenge the ranking leaders and are adopting a leadership attitude in their respective regions. The International Open Data Charter could be an important vehicle to sustain and increase momentum in challenger countries, while also stimulating renewed energy in traditional open data leaders….(More)”
Rónán Kennedy in Information Polity: “Information and communications technology (ICT) is increasingly used in bureaucratic and regulatory processes. With the development of the ‘Internet of Things’, some researchers speak enthusiastically of the birth of the ‘Smart State’. However, there are few theoretical or critical perspectives on the role of ICT in these routine decision-making processes and the mundane work of government regulation of economic and social activity. This paper therefore makes an important contribution by putting forward a theoretical perspective on smartness in government and developing a values-based framework for the use of ICT as a tool in the internal machinery of government.
It critically reviews the protection of the rule of law in digitized government. As an addition to work on e-government, a new field of study, ‘e-regulation’ is proposed, defined, and critiqued, with particular attention to the difficulties raised by the use of models and simulation. The increasing development of e-regulation could compromise fundamental values by embedding biases, software errors, and mistaken assumptions deeply into government procedures. The article therefore discusses the connections between the ‘Internet of Things’, the development of ‘Ambient Law’, and how the use of ICT in e-regulation can be a support for or an impediment to the operation of the rule of law. It concludes that e-government research should give more attention to the processes of regulation, and that law should be a more central discipline for those engaged in this activity….(More)“
Paper by Joshua A. Kroll et al: “Many important decisions historically made by people are now made by computers. Algorithms count votes, approve loan and credit card applications, target citizens or neighborhoods for police scrutiny, select taxpayers for an IRS audit, and grant or deny immigration visas.
The accountability mechanisms and legal standards that govern such decision processes have not kept pace with technology. The tools currently available to policymakers, legislators, and courts were developed to oversee human decision-makers and often fail when applied to computers instead: for example, how do you judge the intent of a piece of software? Additional approaches are needed to make automated decision systems — with their potentially incorrect, unjustified or unfair results — accountable and governable. This Article reveals a new technological toolkit to verify that automated decisions comply with key standards of legal fairness.
We challenge the dominant position in the legal literature that transparency will solve these problems. Disclosure of source code is often neither necessary (because of alternative techniques from computer science) nor sufficient (because of the complexity of code) to demonstrate the fairness of a process. Furthermore, transparency may be undesirable, such as when it permits tax cheats or terrorists to game the systems determining audits or security screening.
The central issue is how to assure the interests of citizens, and society as a whole, in making these processes more accountable. This Article argues that technology is creating new opportunities — more subtle and flexible than total transparency — to design decision-making algorithms so that they better align with legal and policy objectives. Doing so will improve not only the current governance of algorithms, but also — in certain cases — the governance of decision-making in general. The implicit (or explicit) biases of human decision-makers can be difficult to find and root out, but we can peer into the “brain” of an algorithm: computational processes and purpose specifications can be declared prior to use and verified afterwards.
The technological tools introduced in this Article apply widely. They can be used in designing decision-making processes from both the private and public sectors, and they can be tailored to verify different characteristics as desired by decision-makers, regulators, or the public. By forcing a more careful consideration of the effects of decision rules, they also engender policy discussions and closer looks at legal standards. As such, these tools have far-reaching implications throughout law and society.
Part I of this Article provides an accessible and concise introduction to foundational computer science concepts that can be used to verify and demonstrate compliance with key standards of legal fairness for automated decisions without revealing key attributes of the decision or the process by which the decision was reached. Part II then describes how these techniques can assure that decisions are made with the key governance attribute of procedural regularity, meaning that decisions are made under an announced set of rules consistently applied in each case. We demonstrate how this approach could be used to redesign and resolve issues with the State Department’s diversity visa lottery. In Part III, we go further and explore how other computational techniques can assure that automated decisions preserve fidelity to substantive legal and policy choices. We show how these tools may be used to assure that certain kinds of unjust discrimination are avoided and that automated decision processes behave in ways that comport with the social or legal standards that govern the decision. We also show how algorithmic decision-making may even complicate existing doctrines of disparate treatment and disparate impact, and we discuss some recent computer science work on detecting and removing discrimination in algorithms, especially in the context of big data and machine learning. And lastly in Part IV, we propose an agenda to further synergistic collaboration between computer science, law and policy to advance the design of automated decision processes for accountability….(More)”
Q and A: “The e-Government Action Plan includes 20 initiatives to be launched in 2016 and 2017 (full list). Several of them aim to accelerate the implementation of existing legislation and related take-up of online public services. The Commission will notably support the transition of Member States towards full e-procurement, use of contract registers and interoperable e-signatures.
Another part of this set of initiatives focuses on cross-border digital public services. For example, the Commission will submit a proposal to create a Single Digital Gateway as a one-stop entry point for business and people to all Digital Single Market related information, assistance, advice and problem-solving services and making sure that the most frequently used procedures for doing business across borders can be completed fully online. The ESSI (Electronic Exchange of Social Security Information) will help national administrations to electronically share personal social information between Member States, thereby making it easier for people to live and work across borders.
Finally, the action plan aims to ensure that high-quality digital public services are designed for users and encourage their participation.
The plan will be regularly reviewed and if needed completed. An online platform for users will ensure that ideas and feedback are collected.
What is the “once-only” principle?
The “once-only” principle means that citizens and businesses should supply the same information only once to a public administration. Public administration internally shares this data, so that no additional burden falls on citizens and businesses. It calls for a reorganisation of public sector internal processes, rather than forcing businesses and citizens to fit around these processes.
The Commission will launch a pilot project with Member States to apply once-only principle across borders, with €8 million funding from Horizon 2020. This pilot will test out a technical once-only solution for businesses working in different EU Member States. Another activity will explore the once-only concept for citizens, and support networking and discussions on how this could be implemented, in due respect of the legal framework on personal data protection and privacy.
What is the digitisation of company law?
A number of EU company rules were conceived in a pre-digital era, when every form had to be completed on paper. As a result, many companies cannot fully benefit from digital tools where it comes to fulfilling company law requirements or interacting with business registers because many of the rules and processes are still paper-based.
The Commission will work on ways to achieve simpler and less burdensome solutions for companies, by facilitating the use of digital solutions throughout a company’s lifecycle in the interaction between companies and business registers, including in cross-border situations.
For instance, in order to set up as a company in a Member State, it is necessary to register that company in a business register. The Commission will look at how and in what ways online registration procedures could be made available in order to reduce the administrative burden and costs of founding a new company. Also, under EU law, companies are obliged to file a number of documents and information in business registers. Cost and time savings for companies could be generated through better use of digital tools when a company needs to submit and disclose new documents or up-date those throughout its lifecycle, for instance when the company name changes.
How will the Single Digital Gateway help European businesses and citizens?
The Single Digital Gateway will link up (not replace) relevant EU and national websites, portals, assistance services and procedures in a seamless and user-friendly way. Over time it will offer users a streamlined, comprehensive portal to find information, initiate and complete transactions with Member States’ administrations across the EU. The most frequently used administrative procedures will be identified and be brought fully online, so that no offline steps like printing and sending documents on paper will be needed.
This will save time and thereby costs for businesses and citizens when they want to engage in cross-border activities like setting up a business, exporting, moving or studying in another EU Member State.
How will interconnecting businesses registers, insolvency registers, and making the e-Justice portal a one-stop shop for justice help businesses?
These initiatives will help businesses trade within the EU with much more confidence. Not only will they be able to find the relevant information on other businesses themselves, but also on their possible insolvency, through the different interconnections of registers. This will increase transparency and enhance confidence in the Digital Single Market.
Interconnecting business registers will also ensure that business registers can communicate to each other electronically in a safe and secure way and that information is up-to-date without any additional red tape for companies.
The European e-Justice Portal provides a lot of additional information in case of problems, including tools to find a lawyer or notary, and tools for the exercise of their rights. It gives businesses easy access to information needed before entering into a business arrangement, as well as the confidence that if things go wrong, a solution is near at hand…. (More)”
Paper by Joshua D. Blank and Leigh Osofsky: “In recent years, federal government agencies have increasingly attempted to use plain language in written communications with the public. The Plain Writing Act of 2010, for instance, requires agencies to incorporate “clear and simple” explanations of rules and regulations into their official publications. In the tax context, as part of its “customer service” mission, the Internal Revenue Service bears a “duty to explain” the tax law to hundreds of millions of taxpayers who file tax returns each year. Proponents of the plain language movement have heralded this form of communication as leading to simplicity in tax compliance, more equitable access to federal programs and increased open government.
This Article casts plain language efforts in a different light. As we argue, rather than achieving simplicity, which would involve reform of the underlying law, the use of plain language to describe complex legal rules and regulations often yields “simplexity.” As we define it, simplexity occurs when the government presents clear and simple explanations of the law without highlighting its underlying complexity or reducing this complexity through formal legal changes. We show that in its numerous taxpayer publications, the IRS frequently uses plain language to transform complex, often ambiguous tax law into seemingly simple statements that (1) present contested tax law as clear tax rules, (2) add administrative gloss to the tax law and (3) fail to fully explain the tax law, including possible exceptions. Sometimes these plain language explanations benefit the government; at other times, they benefit taxpayers.
While simplexity offers a number of potential tax administration benefits, such as making the tax law understandable and even bolstering the IRS’s ability to collect tax revenue, it can also threaten vital values of transparency and democratic governance and can result in inequitable treatment of different taxpayers. We offer approaches for preserving some of the benefits of simplexity while also responding to some of its drawbacks. We also forecast the likely emergence of simplexity in potential future tax compliance measures, such as government-prepared tax returns, interactive tax return filing and increased third-party reporting….(More)”.
CRS Reports & Analysis: “Since the rise of social media over the past decade, new platforms of technology have reinforced the adage that the law lags behind developments in technology. Government agencies, officials, and employees regularly use a number of social media options – e.g., Twitter, Facebook, etc. – that have led agencies to update existing ethics rules to reflect the unique issues that they may present. Two areas of ethics regulation affected by the increased role of social media are the ethical standards governing gifts to federal employees and the restrictions on employees’ political activities. These rules apply to employees in the executive branch, though separate ethics rules and guidance on similar topics apply to the House and Senate….(More)”
