Understanding democracy as a product of citizen performances reduces the need for a defined ‘people’


Liron Lavi at Democratic Audit: “Dēmokratía, literally ‘the rule of the people’, is the basis for democracy as a political regime. However, ‘the people’ is a heterogeneous, open, and dynamic entity. So, how can we think about democracy without the people as a coherent entity, yet as the source of democracy? I employ a performative theorisation of democracy in order to answer this question. Democracy, I suggest, is an effect produced by repetitive performative acts and ‘the people’ is produced as the source of democratic sovereignty.

A quick search on ‘democratic performance’ will usually yield results (and concerns) regarding voter competence, government accountability, liberal values, and legitimacy. However, from the perspective of performative theory, the term gains a rather different meaning (as has been discussed at length by Judith Butler). It suggests that democracy is not a pre-given structure but rather needs to be constructed repeatedly. Thus, for a democracy to be recognised and maintained as such it needs to be performed by citizens, institutions, office-holders, the media, etc. Acts made by these players – voting, demonstrating, decision- and- law-making, etc. – give form to the abstract concept of democracy, thus producing it as their (imagined) source. There is, therefore, no finite set of actions that can determine once and for all that a social structure is indeed a democracy, for the regime is not a stable and pre-given structure, but rather produced and imagined through a multitude of acts and procedures.

Elections, for example, are a democratic performance insofar as they are perceived as an effective tool for expressing the public’s preferences and choosing its representatives and desired policies. Polling stations are therefore the site in which democracy is constituted insofar as all eligible members (can) participate in the act of voting, and therefore are constructed as the source of sovereignty. By this, elections produce democracy as their effect, as their source, and hold together the political imagination of democracy. And they do this periodically, thus open options for new variations (and failures) in the democratic effect they produce. Elections are therefore, not only an opportunity to replace representatives and incumbents, but also an opportunity to perform democracy, shape it, alter it, and load it with various meanings….(More)”

The Future of Public Participation: Better Design, Better Laws, Better Systems


Tina NabatchiEmma Ertinger and Matt Leighninger in Conflict Resolution Quaterly: “In the late 1980s and early 1990s, conflict resolution practitioners faced a dilemma: they understood how to design better ADR processes but were often unsure of their authority to offer ADR and were entrenched in systems that made it difficult to use ADR. Today, public participation faces a similar dilemma. We know what good participation looks like, but using better participation is challenging because of legal and systemic impediments. This need not be the case. In this article, we assert that tapping the full potential of public participation requires better designs, better laws, and better systems….(More)”

French digital rights bill published in ‘open democracy’ first


France24: “A proposed law on the Internet and digital rights in France has been opened to public consultation before it is debated in parliament in an “unprecedented” exercise in “open democracy”.

The text of the “Digital Republic” bill was published online on Saturday and is open to suggestions for amendments by French citizens until October 17.

It can be found on the “Digital Republic” web page, and is even available in English.

“We are opening a new page in the history of our democracy,” Prime Minister Manuel Valls said at a press conference as the consultation was launched. “This is the first time in France, or indeed in any European country, that a proposed law has been opened to citizens in this way.”

“And it won’t be the last time,” he said, adding that the move was an attempt to redress a “growing distrust of politics”.

Participants will be able to give their opinions and make suggestions for changes to the text of the bill.

Suggestions that get the highest number of public votes will be guaranteed an official response before the bill is presented to parliament.

Freedoms and fairness

In its original and unedited form, the text of the bill pushes heavily towards online freedoms as well as improving the transparency of government.

An “Open Data” policy would make official documents and public sector research available online, while a “Net Neutrality” clause would prevent Internet services such as Netflix or YouTube from paying for faster connection speeds at the expense of everyone else.

For personal freedoms, the law would allow citizens the right to recover emails, files and other data such as pictures stored on “cloud” services….(More)”

Researchers wrestle with a privacy problem


Erika Check Hayden at Nature: “The data contained in tax returns, health and welfare records could be a gold mine for scientists — but only if they can protect people’s identities….In 2011, six US economists tackled a question at the heart of education policy: how much does great teaching help children in the long run?

They started with the records of more than 11,500 Tennessee schoolchildren who, as part of an experiment in the 1980s, had been randomly assigned to high- and average-quality teachers between the ages of five and eight. Then they gauged the children’s earnings as adults from federal tax returns filed in the 2000s. The analysis showed that the benefits of a good early education last for decades: each year of better teaching in childhood boosted an individual’s annual earnings by some 3.5% on average. Other data showed the same individuals besting their peers on measures such as university attendance, retirement savings, marriage rates and home ownership.

The economists’ work was widely hailed in education-policy circles, and US President Barack Obama cited it in his 2012 State of the Union address when he called for more investment in teacher training.

But for many social scientists, the most impressive thing was that the authors had been able to examine US federal tax returns: a closely guarded data set that was then available to researchers only with tight restrictions. This has made the study an emblem for both the challenges and the enormous potential power of ‘administrative data’ — information collected during routine provision of services, including tax returns, records of welfare benefits, data on visits to doctors and hospitals, and criminal records. Unlike Internet searches, social-media posts and the rest of the digital trails that people establish in their daily lives, administrative data cover entire populations with minimal self-selection effects: in the US census, for example, everyone sampled is required by law to respond and tell the truth.

This puts administrative data sets at the frontier of social science, says John Friedman, an economist at Brown University in Providence, Rhode Island, and one of the lead authors of the education study “They allow researchers to not just get at old questions in a new way,” he says, “but to come at problems that were completely impossible before.”….

But there is also concern that the rush to use these data could pose new threats to citizens’ privacy. “The types of protections that we’re used to thinking about have been based on the twin pillars of anonymity and informed consent, and neither of those hold in this new world,” says Julia Lane, an economist at New York University. In 2013, for instance, researchers showed that they could uncover the identities of supposedly anonymous participants in a genetic study simply by cross-referencing their data with publicly available genealogical information.

Many people are looking for ways to address these concerns without inhibiting research. Suggested solutions include policy measures, such as an international code of conduct for data privacy, and technical methods that allow the use of the data while protecting privacy. Crucially, notes Lane, although preserving privacy sometimes complicates researchers’ lives, it is necessary to uphold the public trust that makes the work possible.

“Difficulty in access is a feature, not a bug,” she says. “It should be hard to get access to data, but it’s very important that such access be made possible.” Many nations collect administrative data on a massive scale, but only a few, notably in northern Europe, have so far made it easy for researchers to use those data.

In Denmark, for instance, every newborn child is assigned a unique identification number that tracks his or her lifelong interactions with the country’s free health-care system and almost every other government service. In 2002, researchers used data gathered through this identification system to retrospectively analyse the vaccination and health status of almost every child born in the country from 1991 to 1998 — 537,000 in all. At the time, it was the largest study ever to disprove the now-debunked link between measles vaccination and autism.

Other countries have begun to catch up. In 2012, for instance, Britain launched the unified UK Data Service to facilitate research access to data from the country’s census and other surveys. A year later, the service added a new Administrative Data Research Network, which has centres in England, Scotland, Northern Ireland and Wales to provide secure environments for researchers to access anonymized administrative data.

In the United States, the Census Bureau has been expanding its network of Research Data Centers, which currently includes 19 sites around the country at which researchers with the appropriate permissions can access confidential data from the bureau itself, as well as from other agencies. “We’re trying to explore all the available ways that we can expand access to these rich data sets,” says Ron Jarmin, the bureau’s assistant director for research and methodology.

In January, a group of federal agencies, foundations and universities created the Institute for Research on Innovation and Science at the University of Michigan in Ann Arbor to combine university and government data and measure the impact of research spending on economic outcomes. And in July, the US House of Representatives passed a bipartisan bill to study whether the federal government should provide a central clearing house of statistical administrative data.

Yet vast swathes of administrative data are still inaccessible, says George Alter, director of the Inter-university Consortium for Political and Social Research based at the University of Michigan, which serves as a data repository for approximately 760 institutions. “Health systems, social-welfare systems, financial transactions, business records — those things are just not available in most cases because of privacy concerns,” says Alter. “This is a big drag on research.”…

Many researchers argue, however, that there are legitimate scientific uses for such data. Jarmin says that the Census Bureau is exploring the use of data from credit-card companies to monitor economic activity. And researchers funded by the US National Science Foundation are studying how to use public Twitter posts to keep track of trends in phenomena such as unemployment.

 

….Computer scientists and cryptographers are experimenting with technological solutions. One, called differential privacy, adds a small amount of distortion to a data set, so that querying the data gives a roughly accurate result without revealing the identity of the individuals involved. The US Census Bureau uses this approach for its OnTheMap project, which tracks workers’ daily commutes. ….In any case, although synthetic data potentially solve the privacy problem, there are some research applications that cannot tolerate any noise in the data. A good example is the work showing the effect of neighbourhood on earning potential3, which was carried out by Raj Chetty, an economist at Harvard University in Cambridge, Massachusetts. Chetty needed to track specific individuals to show that the areas in which children live their early lives correlate with their ability to earn more or less than their parents. In subsequent studies5, Chetty and his colleagues showed that moving children from resource-poor to resource-rich neighbourhoods can boost their earnings in adulthood, proving a causal link.

Secure multiparty computation is a technique that attempts to address this issue by allowing multiple data holders to analyse parts of the total data set, without revealing the underlying data to each other. Only the results of the analyses are shared….(More)”

Openness an Essential Building Block for Inclusive Societies


 (Mexico) in the Huffington Post: “The international community faces a complex environment that requires transforming the way we govern. In that sense, 2015 marks a historic milestone, as 193 Member States of the United Nations will come together to agree on the adoption of the 2030 Agenda. With the definition of the 17 Sustainable Development Goals (SDGs), we will set an ambitious course toward a better and more inclusive world for the next 15 years.

The SDGs will be established just when governments deal with new and more defiant challenges, which require increased collaboration with multiple stakeholders to deliver innovative solutions. For that reason, cutting-edge technologies, fueled by vast amounts of data, provide an efficient platform to foster a global transformation and consolidate more responsive, collaborative and open governments.

Goal 16 seeks to promote just, peaceful and inclusive societies by ensuring access to public information, strengthening the rule of law, as well as building stronger and more accountable institutions. By doing so, we will contribute to successfully achieve the rest of the 2030 Agenda objectives.

During the 70th United Nations General Assembly, the 11 countries of the Steering Committee of the Open Government Partnership (OGP), along with civil-society leaders, will gather to acknowledge Goal 16 as a common target through a Joint Declaration: Open Government for the Implementation of the 2030 Agenda for Sustainable Development. As the Global Summit of OGP convenes this year in Mexico City, on October 28th and 29th, my government will call on all 65 members to subscribe to this fundamental declaration.

The SDGs will be reached only through trustworthy, effective and inclusive institutions. This is why Mexico, as current chair of the OGP, has committed to promote citizen participation, innovative policies, transparency and accountability.

Furthermore, we have worked with a global community of key players to develop the international Open Data Charter (ODC), which sets the founding principles for a greater coherence and increased use of open data across the world. We seek to recognize the value of having timely, comprehensive, accessible, and comparable data to improve governance and citizen engagement, as well as to foster inclusive development and innovation….(More)”

Revolution Delayed: The Impact of Open Data on the Fight against Corruption


Report by RiSSC – Research Centre on Security and Crime (Italy): “In the recent years, the demand for Open Data picked up stream among stakeholders to increasing transparency and accountability of the Public Sector. Governments are supporting Open Data supply, to achieve social and economic benefits, return on investments, and political consensus.

While it is self-evident that Open Data contributes to greater transparency – as it makes data more available and easy to use by the public and governments, its impact on fighting corruption largely depends on the ability to analyse it and develop initiatives that trigger both social accountability mechanisms, and government responsiveness against illicit or inappropriate behaviours.

To date, Open Data Revolution against corruption is delayed. The impact of Open Data on the prevention and repression of corruption, and on the development of anti- corruption tools, appears to be limited, and the return on investments not yet forthcoming. Evidence remains anecdotal, and a better understanding on the mechanisms and dynamics of using Open Data against corruption is needed.

The overall objective of this exploratory study is to provide evidence on the results achieved by Open Data, and recommendations for the European Commission and Member States’ authorities, for the implementation of effective anti-corruption strategies based on transparency and openness, to unlock the potential impact of “Open Data revolution” against Corruption.

The project has explored the legal framework and the status of implementation of Open Data policies in four EU Countries – Italy, United Kingdom, Spain, and Austria. TACOD project has searched for evidence on Open Data role on law enforcement cooperation, anti-corruption initiatives, public campaigns, and investigative journalism against corruption.

RiSSC – Research Centre on Security and Crime (Italy), the University of Oxford and the University of Nottingham (United Kingdom), Transparency International (Italy and United Kingdom), the Institute for Conflict Resolution (Austria), and Blomeyer&Sanz (Spain), have carried out the research between January 2014 and February 2015, under an agreement with the European Commission – DH Migration and Home Affairs. The project has been coordinated by RiSSC, with the support of a European Working Group of Experts, chaired by prof. Richard Rose, and an external evaluator, Mr. Andrea Menapace, and it has benefited from the contribution of many experts, activists, representatives of Institutions in the four Countries….(More)

Video app provides underserved clients with immediate legal advice


Springwise: “Pickle is a video call app that gives everyone access to a greater understanding of their constitutional rights, via on-demand legal advice.

Legal representation is expensive and we have already seen platforms in the US and the UK use crowdfunding to help underprivileged clients fund legal battles. Now, Pickle Legal is helping in a different way — it enables video calls between clients and attorneys, which will give everyone access to a greater understanding of their constitutional rights.

Pickle connects clients with legal representation via real-time video communication. Anyone in need of legal advice can download the app to their smartphone. When they launch the app, Pickle alerts their network of attorneys and connects the client with an available professional via a video call. The client can then gain immediate advice from the attorney — helping them to understand their position and rights in the moment.

Pickle Legal is currently in Beta and accepting applications from attorneys and clients alike. During the testing phase, the service is available for free, but eventually clients will pay an affordable rate — since the convenience of the platform is expected to reduce costs. Pickle will also be archiving videos — at the discretion of the parties involved — for use in any case that arises…(More)”

Who May Use the King’s Forest? The Meaning of Magna Carta, Commons and Law in Our Time


David Bollier: “The relationship between law and the commons is very much on my mind these days.  I recently posted a four-part serialization of my strategy memo, “Reinventing Law for the Commons.”  The following public talk, which I gave at the Heinrich Boell Foundation in Berlin on September 8, is a kind of companion piece.  The theme: this year’s celebration of the 800th anniversary of Magna Carta and its significance for commoners today.

Thank you for inviting me to speak tonight about the 800th anniversary of the Magna Carta and the significance of law for the commons.  It’s pretty amazing that anyone is still celebrating something that happened eight centuries ago!   Besides our memory of this event, I think it is so interesting what we have chosen to remember about this history, and what we have forgotten.

This anniversary is essentially about the signing of peace treaty on the fields of Runnymede, England, in 1215.  The treaty settled a bloody civil war between the much-despised King John and his rebellious barons eight centuries ago.  What was intended as an armistice was soon regarded as a larger canonical statement about the proper structure of governance.  Amidst a lot of archaic language about medieval ways of life, Magna Carta is now seen as a landmark statement about the limited powers of the sovereign, and the rights and liberties of ordinary people.

The King’s acceptance of Magna Carta after a long civil war seems unbelievably distant and almost forgettable.  How could it have anything to do with us moderns?  I think its durability and resonance have to do with our wariness about concentrated power, especially of the sovereign.  We like to remind ourselves that the authority of the sovereign is restrained by the rule of law, and that this represents a new and civilizing moment in human history.  We love to identify with the underdog and declare that even kings must respect something transcendent and universal called “law,” which is said to protect individual rights and liberties.

In this spirit, the American Bar Association celebrated Magna Carta in 1957 by erecting a granite memorial at Runnymede bearing the words “Freedom Under Law.”  On grand public occasions – especially this year – judges, politicians, law scholars and distinguished gray eminences like to congregate and declare how constitutional government and representative democracy are continuing to uphold the principles of Magna Carta.  More about that in a minute.

This evening I’d like to explore a richer, more complex story about Magna Carta and its meanings for us today.  There are in fact two distinct but related stories to be told.  Story No. 1 – call it “The Triumph of the Modern Market/State” – is the one that I just told.  It is usually invoked by distinguished elites to celebrate constitutional democracy, its close alliance with so-called free markets, and the idea of “freedom under law.”  Story No. 1 assures us that constitutional government and representative legislatures actually serve as the brave bulwarks of liberty and law, defending the rights enshrined in Magna Carta.  And to be sure, the Great Chart represents a significant advance over the monarchy, tribalism, and a Hobbesean war of each against all that once prevailed in many regions of the world.

Myself, I’m more interested in the neglected side of the history of Magna Carta, a story that doesn’t get told very often.  Call it Story No. 2, or what I call Law for the Commons. ...(More)”

Democratic Rulemaking


New paper by de Figueiredo, John M. and Stiglitz, Edward for the Oxford Handbook of Law and Economics, Forthcoming: “To what extent is agency rulemaking democratic? This paper examines the soundness and empirical support for the leading theories that purport to endow the administrative state with democratic legitimacy. We study the theories in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. We conclude that all of the proposed theories lack empirical support and many have substantial conceptual flaws; we point to directions for possible future research….(More)”

Humanizing Technology: A History of Human-Computer Interaction


Steve Lohr in the New York Times: “The march of progress in computing is a climb. Each big step forward is also a step up, so that communication is further away from the machine, more on human terms.

And each time, the number of people who can use computing increases dramatically. At first, programming languages were the medium of communication between man and machine. Fortran, the breakthrough computer language, was designed to resemble the algebraic formulas familiar to scientists and engineers — reasonably enough, since they were the only people anyone could imagine using the relative handful of giant calculating machines back then.

Today, billions of people roam the Internet from computer phones they hold in their hands. Dramatic advances in hardware, of course, are a big part of the explanation, notably the flywheel of technological dynamism known as Moore’s Law, celebrating the chip industry’s ability to double computing power every couple of years (there’s a debate about whether the pace is tailing off, but that’s another story).

Yet there is another force in the striking democratization of computing beyond hardware, one that is more subtle but still crucial. That is the steady stream of improvements in the design of computer products, mainly software, which have opened the door to new users by making computers easier to use. The term most used now is “user-interface design.” But that suggests a narrower, product focus than the field that stretches back several decades, called human-computer interaction, which embraces psychology, anthropology and other disciplines.

“I think human-computer interaction designs have had as much impact as Moore’s Law in bringing the web and mobile devices to the world,” said Ben Shneiderman, a professor at the University of Maryland, College Park.

To try to raise the profile of prominent people in the field, Mr. Shneiderman last week published a web site for what he calls “The Human-Computer Interaction Pioneers Project.” It is a personal project for Mr. Shneiderman, who founded Maryland’s Human-Computer Interaction Laboratory in 1983, and is an avid photographer. The web page for each of his pioneers includes a brief text description and photographs, often several, that Mr. Shneiderman has taken of the person, at professional conferences and elsewhere over the years….(More)”