Daedalus Issue on “The Internet”


Press release: “Thirty years ago, the Internet was a network that primarily delivered email among academic and government employees. Today, it is rapidly evolving into a control system for our physical environment through the Internet of Things, as mobile and wearable technology more tightly integrate the Internet into our everyday lives.

How will the future Internet be shaped by the design choices that we are making today? Could the Internet evolve into a fundamentally different platform than the one to which we have grown accustomed? As an alternative to big data, what would it mean to make ubiquitously collected data safely available to individuals as small data? How could we attain both security and privacy in the face of trends that seem to offer neither? And what role do public institutions, such as libraries, have in an environment that becomes more privatized by the day?

These are some of the questions addressed in the Winter 2016 issue of Daedalus on “The Internet.”  As guest editors David D. Clark (Senior Research Scientist at the MIT Computer Science and Artificial Intelligence Laboratory) and Yochai Benkler (Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School and Faculty Co-Director of the Berkman Center for Internet and Society at Harvard University) have observed, the Internet “has become increasingly privately owned, commercial, productive, creative, and dangerous.”

Some of the themes explored in the issue include:

  • The conflicts that emerge among governments, corporate stakeholders, and Internet users through choices that are made in the design of the Internet
  • The challenges—including those of privacy and security—that materialize in the evolution from fixed terminals to ubiquitous computing
  • The role of public institutions in shaping the Internet’s privately owned open spaces
  • The ownership and security of data used for automatic control of connected devices, and
  • Consumer demand for “free” services—developed and supported through the sale of user data to advertisers….

Essays in the Winter 2016 issue of Daedalus include:

  • The Contingent Internet by David D. Clark (MIT)
  • Degrees of Freedom, Dimensions of Power by Yochai Benkler (Harvard Law School)
  • Edge Networks and Devices for the Internet of Things by Peter T. Kirstein (University College London)
  • Reassembling Our Digital Selves by Deborah Estrin (Cornell Tech and Weill Cornell Medical College) and Ari Juels (Cornell Tech)
  • Choices: Privacy and Surveillance in a Once and Future Internet by Susan Landau (Worcester Polytechnic Institute)
  • As Pirates Become CEOs: The Closing of the Open Internet by Zeynep Tufekci (University of North Carolina at Chapel Hill)
  • Design Choices for Libraries in the Digital-Plus Era by John Palfrey (Phillips Academy)…(More)

See also: Introduction

Privacy in Public Spaces: What Expectations of Privacy Do We Have in Social Media Intelligence?


Paper by Edwards, Lilian and Urquhart, Lachlan: “In this paper we give a basic introduction to the transition in contemporary surveillance from top down traditional police surveillance to profiling and “pre-crime” methods. We then review in more detail the rise of open source (OSINT) and social media (SOCMINT) intelligence and its use by law enforcement and security authorities. Following this we consider what if any privacy protection is currently given in UK law to SOCMINT. Given the largely negative response to the above question, we analyse what reasonable expectations of privacy there may be for users of public social media, with reference to existing case law on art 8 of the ECHR. Two factors are in particular argued to be supportive of a reasonable expectation of privacy in open public social media communications: first, the failure of many social network users to perceive the environment where they communicate as “public”; and secondly, the impact of search engines (and other automated analytics) on traditional conceptions of structured dossiers as most problematic for state surveillance. Lastly, we conclude that existing law does not provide adequate protection foropen SOCMINT and that this will be increasingly significant as more and more personal data is disclosed and collected in public without well-defined expectations of privacy….(More)”

Digilantism: An Analysis of Crowdsourcing and the Boston Marathon Bombings


Paper by Johnny Nhan et al: “This paper explores the aftermath of the Boston Marathon bombing incident and how members of the general public, through the online community Reddit, attempted to provide assistance to law enforcement through conducting their own parallel investigations. As we document through an analysis of user posts, Reddit members shared information about the investigation, searched for information that would identify the perpetrators and, in some cases, drew on their own expert knowledge to uncover clues concerning key aspects of the attack. Although it is the case that the Reddit cyber-sleuths’ did not ultimately solve this case, or provide significant assistance to the police investigation, their actions suggest the potential role the public could play within security networks….(More)”

Stretching science: why emotional intelligence is key to tackling climate change


Faith Kearns at the Conversation: “…some environmental challenges are increasingly taking on characteristics of intractable conflicts, which may remain unresolved despite good faith efforts.

In the case of climate change, conflicts ranging from debates over how to lower emissions to denialism are obvious and ongoing -– the science community has often approached them as something to be defeated or ignored.

While some people love it and others hate it, conflict is often an indicator that something important is happening; we generally don’t fight about things we don’t care about.

Working with conflict is a challenging proposition, in part because while it manifests in interactions with others, much of the real effort comes in dealing with our own internal conflicts.

However, beginning to accept and even value conflict as a necessary part of large-scale societal transformation has the potential to generate new approaches to climate change engagement. For example, understanding that in some cases denial by another person is protective may lead to new approaches to engagement.

As we connect more deeply with conflict, we may come to see it not as a flame to be fanned or put out, but as a resource.

A relational approach to climate change

Indeed, because of the emotion and conflict involved, the concept of a relational approach is one that offers a great deal of promise in the climate change arena. It is, however, vastly underexplored.

Relationship-centered approaches have been taken up in law, medicine, and psychology.

A common thread among these fields is a shift from expert-driven to more collaborative modes of working together. Navigating the personal and emotional elements of this kind of work asks quite a bit more of practitioners than subject-matter expertise.

In medicine, for example, relationship-centered care is a framework examining how relationships – between patients and clinicians, among clinicians, and even with broader communities – impact health care. It recognizes that care may go well beyond technical competency.

This kind of framework can demonstrate how a relational approach is different from more colloquial understandings of relationships; it can be a way to intentionally and transparently attend to conflict and power dynamics as they arise.

Although this is a simplified view of relational work, many would argue that an emphasis on emergent and transformative properties of relationships has been revolutionary. And one of the key challenges, and opportunities, of a relationship-centered approach to climate work is that we truly have no idea what the outcomes will be.

We have long tried to motivate action around climate change by decreasing scientific uncertainty, so introducing social uncertainty feels risky. At the same time it can be a relief because, in working together, nobody has to have the answer.

Learning to be comfortable with discomfort

A relational approach to climate change may sound basic to some, and complicated to others. In either case, it can be useful to know there is evidence that skillful relational capacity can be taught and learned.

The medical and legal communities have been developing relationship-centered training for years.

It is clear that relational skills and capacities like conflict resolution, empathy, and compassion can be enhanced through practices including active listening and self-reflection. Although it may seem an odd fit, climate change invites ability to work together in new ways that include acknowledging and working with the strong emotions involved.

With a relationship-centered approach, climate change issues become less about particular solutions, and more about transforming how we work together. It is both risky and revolutionary in that it asks us to take a giant leap into trusting not just scientific information, but each other….(More)”

Opening up government data for public benefit


Keiran Hardy at the Mandarin (Australia): “…This post explains the open data movement and considers the benefits and risks of releasing government data as open data. It then outlines the steps taken by the Labor and Liberal governments in accordance with this trend. It argues that the Prime Minister’stask, while admirably intentioned, is likely to prove difficult due to ongoing challenges surrounding the requirements of privacy law and a public service culture that remains reluctant to release government data into the public domain….

A key purpose of releasing government data is to improve the effectiveness and efficiency of services delivered by the government. For example, data on crops, weather and geography might be analysed to improve current approaches to farming and industry, or data on hospital admissions might be analysed alongside demographic and census data to improve the efficiency of health services in areas of need. It has been estimated that such innovation based on open data could benefit the Australian economy by up to $16 billion per year.

Another core benefit is that the open data movement is making gains in transparency and accountability, as a greater proportion of government decisions and operations are being shared with the public. These democratic values are made clear in the OGP’s Open Government Declaration, which aims to make governments ‘more open, accountable, and responsive to citizens’.

Open data can also improve democratic participation by allowing citizens to contribute to policy innovation. Events like GovHack, an annual Australian competition in which government, industry and the general public collaborate to find new uses for open government data, epitomise a growing trend towards service delivery informed by user input. The winner of the “Best Policy Insights Hack” at GovHack 2015 developed a software program for analysing which suburbs are best placed for rooftop solar investment.

At the same time, the release of government data poses significant risks to the privacy of Australian citizens. Much of the open data currently available is spatial (geographic or satellite) data, which is relatively unproblematic to post online as it poses minimal privacy risks. However, for the full benefits of open data to be gained, these kinds of data need to be supplemented with information on welfare payments, hospital admission rates and other potentially sensitive areas which could drive policy innovation.

Policy data in these areas would be de-identified — that is, all names, addresses and other obvious identifying information would be removed so that only aggregate or statistical data remains. However, debates continue as to the reliability of de-identification techniques, as there have been prominent examples of individuals being re-identified by cross-referencing datasets….

With regard to open data, a culture resistant to releasing government informationappears to be driven by several similar factors, including:

  • A generational preference amongst public service management for maintaining secrecy of information, whereas younger generations expect that data should be made freely available;
  • Concerns about the quality or accuracy of information being released;
  • Fear that mistakes or misconduct on behalf of government employees might be exposed;
  • Limited understanding of the benefits that can be gained from open data; and
  • A lack of leadership to help drive the open data movement.

If open data policies have a similar effect on public service culture as FOI legislation, it may be that open data policies in fact hinder transparency by having a chilling effect on government decision-making for fear of what might be exposed….

These legal and cultural hurdles will pose ongoing challenges for the Turnbull government in seeking to release greater amounts of government data as open data….(More)

Data Science ethics


Gov.uk blog: “If Tesco knows day-to-day how poorly the nation is, how can Government access  similar  insights so it can better plan health services? If Airbnb can give you a tailored service depending on your tastes, how can Government provide people with the right support to help them back into work in a way that is right for them? If companies are routinely using social media data to get feedback from their customers to improve their services, how can Government also use publicly available data to do the same?

Data science allows us to use new types of data and powerful tools to analyse this more quickly and more objectively than any human could. It can put us in the vanguard of policymaking – revealing new insights that leads to better and more tailored interventions. And  it can help reduce costs, freeing up resource to spend on more serious cases.

But some of these data uses and machine-learning techniques are new and still relatively untested in Government. Of course, we operate within legal frameworks such as the Data Protection Act and Intellectual Property law. These are flexible but don’t always talk explicitly about the new challenges data science throws up. For example, how are you to explain the decision making process of a deep learning black box algorithm? And if you were able to, how would you do so in plain English and not a row of 0s and 1s?

We want data scientists to feel confident to innovate with data, alongside  the policy makers and operational staff who make daily decisions on the data that the analysts provide –. That’s why we are creating an ethical framework which brings together the relevant parts of the law and ethical considerations into a simple document that helps Government officials decide what it can do and what it should do. We have a moral responsibility to maximise the use of data – which is never more apparent than after incidents of abuse or crime are left undetected – as well as to pay heed to the potential risks of these new tools. The guidelines are draft and not formal government policy, but we want to share them more widely in order to help iterate and improve them further….

So what’s in the framework? There is more detail in the fuller document, but it is based around six key principles:

  1. Start with a clear user need and public benefit: this will help you justify the level of data sensitivity and method you use
  2. Use the minimum level of data necessary to fulfill the public benefit: there are many techniques for doing so, such as de-identification, aggregation or querying against data
  3. Build robust data science models: the model is only as good as the data it contains and while machines are less biased than humans they can get it wrong. It’s critical to be clear about the confidence of the model and think through unintended consequences and biases contained within the data
  4. Be alert to public perceptions: put simply, what would a normal person on the street think about the project?
  5. Be as open and accountable as possible: Transparency is the antiseptic for unethical behavior. Aim to be as open as possible (with explanations in plain English), although in certain public protection cases the ability to be transparent will be constrained.
  6. Keep data safe and secure: this is not restricted to data science projects but we know that the public are most concerned about losing control of their data….(More)”

What Privacy Papers Should Policymakers be Reading in 2016?


Stacy Gray at the Future of Privacy Forum: “Each year, FPF invites privacy scholars and authors to submit articles and papers to be considered by members of our Advisory Board, with an aim toward showcasing those articles that should inform any conversation about privacy among policymakers in Congress, as well as at the Federal Trade Commission and in other government agencies. For our sixth annual Privacy Papers for Policymakers, we received submissions on topics ranging from mobile app privacy, to location tracking, to drone policy.

Our Advisory Board selected papers that describe the challenges and best practices of designing privacy notices, ways to minimize the risks of re-identification of data by focusing on process-based data release policy and taking a precautionary approach to data release, the relationship between privacy and markets, and bringing the concept of trust more strongly into privacy principles.

Our top privacy papers for 2015 are, in alphabetical order:
Florian Schaub, Rebecca Balebako, Adam L. Durity, and Lorrie Faith Cranor
Ira S. Rubinstein and Woodrow Hartzog
Arvind Narayanan, Joanna Huey, and Edward W. Felten
Ryan Calo
Neil Richards and Woodrow Hartzog
Our two papers selected for Notable Mention are:
Peter Swire (Testimony, Senate Judiciary Committee Hearing, July 8, 2015)
Joel R. Reidenberg
….(More)”

When to Punish, When to Persuade and When to Reward: Strengthening Responsive Regulation with the Regulatory Diamond


Paper by Jonathan Kolieb: “Originally published over two decades ago, ‘responsive regulation’ and its associated regulatory pyramid have become touchstones in the contemporary study and practice of regulation. Influential ideas and theories about regulation and governance have been developed in the intervening years, yet responsive regulation’s simple pyramidal model continues to resonate with policy-makers and scholars alike. This article seeks to advance the vision and utility of responsive regulation, by responding to several key drawbacks of the original design and by offering an update to the pyramidal model of regulation that lies at the centre of the theory. It argues for a ‘regulatory diamond’ as a strengthened, renewed model for responsive regulation. Rooted within the responsive regulation literature, the regulatory diamond integrates into the one schema both ‘compliance regulation’ and ‘aspirational regulation’, thereby offering a more cohesive representation of the broad conception of regulation that underpins responsive regulation theory, and the limited but vital role of law within it….(More)”

New frontiers in social innovation research


Geoff Mulgan: “Nesta has published a new book with Palgrave which contains an introduction by me and many important chapters from leading academics around the world. I hope that many people will read it, and think about it, because it challenges, in a highly constructive way, many of the rather tired assumptions of the London media/political elite of both left and right.

The essay is by Roberto Mangabeira Unger, perhaps the world’s most creative and important contemporary intellectual. He is Professor of Law at Harvard (where he taught Obama); a philosopher and political theorist; author of one of the most interesting recent books on religion; co-author of an equally ground-breaking recent book on theoretical physics; and serves as strategy minister in the Brazilian government.

His argument is that a radically different way of thinking about politics, government and social change is emerging, which has either not been noticed by many political leaders, or misinterpreted. The essence of the argument is that practice is moving faster than theory; that systematic experimentation is a faster way to solve problems than clever authorship of pamphlets, white papers and plans; and that societies have the potential to be far more active agents of their own future than we assume.

The argument has implications for many fields. One is think-tanks. Twenty years ago I set up a think-tank, Demos. At that time the dominant model for policy making was to bring together some clever people in a capital city to write pamphlets, white papers and then laws. In the 1950s to 1970s a primary role was played by professors in universities, or royal commissions. Then it shifted to think-tanks. Sometimes teams within governments played a similar role – and I oversaw several of these, including the Strategy Unit in government. All saw policy as an essentially paper-based process, involving a linear transmission from abstract theories and analyses to practical implementation.

There’s still an important role to be played by think-tanks. But an opposite approach has now become common, and is promoted by Unger. In this approach, practice precedes theory. Experiment in the real world drives the development of new ideas – in business, civil society, and on the edges of the public sector. Learning by doing complements, and often leads analysis. The role of the academics and think-tanks shifts from inventing ideas to making sense of what’s emerging, and generalising it. Policies don’t try to specify every detail but rather set out broad directions and then enable a process of experiment and discovery.

As Unger shows, this approach has profound philosophical roots (reaching back to the 19th century pragmatists and beyond), and profound political implications (it’s almost opposite to the classic Marxist view, later adopted by the neoliberal right, in which intellectuals define solutions in theory which are then translated into practice). It also has profound implications for civil society – which he argues should adopt a maximalist rather than a minimalist view of social innovation.

The Unger approach doesn’t work for everything – for example, constitutional reform. But it is a superior method for improving most of the fields where governments have power – from welfare and health, to education and economic policy, and it has worked well for Nesta – evolving new models of healthcare, working with dozens of governments to redesign business policy, testing out new approaches to education.

The several hundred public sector labs and innovation teams around the world – from Chile to China, south Africa to Denmark – share this ethos too, as do many political leaders. Michael Bloomberg has been an exemplar, confident enough to innovate and experiment constantly in his time as New York Mayor. Won Soon Park in Korea is another…..

Unger’s chapter should be required reading for anyone aspiring to play a role in 21st century politics. You don’t have to agree with what he says. But you do need to work out where you disagree and why….(New Frontiers in Social Innovation Research)

Meeting the Challenges of Big Data


Opinion by the European Data Protection Supervisor: “Big data, if done responsibly, can deliver significant benefits and efficiencies for society and individuals not only in health, scientific research, the environment and other specific areas. But there are serious concerns with the actual and potential impact of processing of huge amounts of data on the rights and freedoms of individuals, including their right to privacy. The challenges and risks of big data therefore call for more effective data protection.

Technology should not dictate our values and rights, but neither should promoting innovation and preserving fundamental rights be perceived as incompatible. New business models exploiting new capabilities for the massive collection, instantaneous transmission, combination and reuse of personal information for unforeseen purposes have placed the principles of data protection under new strains, which calls for thorough consideration on how they are applied.

European data protection law has been developed to protect our fundamental rights and values, including our right to privacy. The question is not whether to apply data protection law to big data, but rather how to apply it innovatively in new environments. Our current data protection principles, including transparency, proportionality and purpose limitation, provide the base line we will need to protect more dynamically our fundamental rights in the world of big data. They must, however, be complemented by ‘new’ principles which have developed over the years such as accountability and privacy by design and by default. The EU data protection reform package is expected to strengthen and modernise the regulatory framework .

The EU intends to maximise growth and competitiveness by exploiting big data. But the Digital Single Market cannot uncritically import the data-driven technologies and business models which have become economic mainstream in other areas of the world. Instead it needs to show leadership in developing accountable personal data processing. The internet has evolved in a way that surveillance – tracking people’s behaviour – is considered as the indispensable revenue model for some of the most successful companies. This development calls for critical assessment and search for other options.

In any event, and irrespective of the business models chosen, organisations that process large volumes of personal information must comply with applicable data protection law. The European Data Protection Supervisor (EDPS) believes that responsible and sustainable development of big data must rely on four essential elements:

  • organisations must be much more transparent about how they process personal data;
  • afford users a higher degree of control over how their data is used;
  • design user friendly data protection into their products and services; and;
  • become more accountable for what they do….(More)