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)

Open Government: Missing Questions


Vadym Pyrozhenko at Administration & Society: “This article places the Obama administration’s open government initiative within the context of evolution of the U.S. information society. It examines the concept of openness along the three dimensions of Daniel Bell’s social analysis of the postindustrial society: structure, polity, and culture. Four “missing questions” raise the challenge of the compatibility of public service values with the culture of openness, address the right balance between postindustrial information management practices and the capacity of public organizations to accomplish their missions, and ask to reconsider the idea that greater structural openness of public organizations will necessarily increase their democratic legitimacy….(More)”

 

The Behavioral Divide: A Critique of the Differential Implementation of Behavioral Law and Economics in the US and the EU


 at the European Review of Contract Law: “A behavioral divide cuts across the Atlantic. Despite the recent surge of behavioral analysis in European academia, a scrutiny of decisions by courts and regulatory agencies in the US and the EU reveals striking differences. While in the US rulings by courts and regulatory agencies progressively take insights from behavioral economics into account, EU courts and agencies still, and even increasingly, cling to the rational actor model. These inverse trends can be uncovered in the interpretation of legal concepts of human agency, ie, of those elements in a legal order which refer, implicitly or explicitly, to a model of rationality of human actors. More particularly, this paper reviews the concepts of consumers and of users, in consumer law and product liability respectively, to underscore the claim of the behavioral divide. Importantly, the divergence between EU and US private law practice calls for a normative evaluation. In the face of empirical uncertainty about the existence, direction and intensity of biases, the most attractive legal concept of human agency is a pluralistic one, assuming the simultaneous presence of boundedly and fully rational actors. In concrete applications, this paper shows that a pluralistic perspective urges a revision of the concept of the reasonable consumer, both in US and EU consumer law. Furthermore, such a view leads to the adoption of a more boundedly rational user concept in product liability. The pluralistic, yet more boundedly rational concepts thus have far-reaching consequences both for private law theory and its concomitant case law….(More)”

The Power of Nudges, for Good and Bad


Richard H. Thaler in the New York Times: “Nudges, small design changes that can markedly affect individual behavior, have been catching on. These techniques rely on insights from behavioral science, and when used ethically, they can be very helpful. But we need to be sure that they aren’t being employed to sway people to make bad decisions that they will later regret.

Whenever I’m asked to autograph a copy of “Nudge,” the book I wrote with Cass Sunstein, the Harvard law professor, I sign it, “Nudge for good.” Unfortunately, that is meant as a plea, not an expectation.

Three principles should guide the use of nudges:

■ All nudging should be transparent and never misleading.

■ It should be as easy as possible to opt out of the nudge, preferably with as little as one mouse click.

■ There should be good reason to believe that the behavior being encouraged will improve the welfare of those being nudged.
As far as I know, the government teams in Britain and the United States that have focused on nudging have followed these guidelines scrupulously. But the private sector is another matter. In this domain, I see much more troubling behavior.

For example, last spring I received an email telling me that the first prominent review of a new book of mine had appeared: It was in The Times of London. Eager to read the review, I clicked on a hyperlink, only to run into a pay wall. Still, I was tempted by an offer to take out a one-month trial subscription for the price of just £1. As both a consumer and producer of newspaper articles, I have no beef with pay walls. But before signing up, I read the fine print. As expected, I would have to provide credit card information and would be automatically enrolled as a subscriber when the trial period expired. The subscription rate would then be £26 (about $40) a month. That wasn’t a concern because I did not intend to become a paying subscriber. I just wanted to read that one article.

But the details turned me off. To cancel, I had to give 15 days’ notice, so the one-month trial offer actually was good for just two weeks. What’s more, I would have to call London, during British business hours, and not on a toll-free number. That was both annoying and worrying. As an absent-minded American professor, I figured there was a good chance I would end up subscribing for several months, and that reading the article would end up costing me at least £100….

These examples are not unusual. Many companies are nudging purely for their own profit and not in customers’ best interests. In a recent column in The New York Times, Robert Shiller called such behavior “phishing.” Mr. Shiller and George Akerlof, both Nobel-winning economists, have written a book on the subject, “Phishing for Phools.”

Some argue that phishing — or evil nudging — is more dangerous in government than in the private sector. The argument is that government is a monopoly with coercive power, while we have more choice in the private sector over which newspapers we read and which airlines we fly.

I think this distinction is overstated. In a democracy, if a government creates bad policies, it can be voted out of office. Competition in the private sector, however, can easily work to encourage phishing rather than stifle it.

One example is the mortgage industry in the early 2000s. Borrowers were encouraged to take out loans that they could not repay when real estate prices fell. Competition did not eliminate this practice, because it was hard for anyone to make money selling the advice “Don’t take that loan.”

As customers, we can help one another by resisting these come-ons. The more we turn down questionable offers like trip insurance and scrutinize “one month” trials, the less incentive companies will have to use such schemes. Conversely, if customers reward firms that act in our best interests, more such outfits will survive and flourish, and the options available to us will improve….(More)