The Rule of History


Jill Lepore about Magna Carta, the Bill of Rights, and the hold of time in The New Yorker: “…Magna Carta has been taken as foundational to the rule of law, chiefly because in it King John promised that he would stop throwing people into dungeons whenever he wished, a provision that lies behind what is now known as due process of law and is understood not as a promise made by a king but as a right possessed by the people. Due process is a bulwark against injustice, but it wasn’t put in place in 1215; it is a wall built stone by stone, defended, and attacked, year after year. Much of the rest of Magna Carta, weathered by time and for centuries forgotten, has long since crumbled, an abandoned castle, a romantic ruin.

Magna Carta is written in Latin. The King and the barons spoke French. “Par les denz Dieu!” the King liked to swear, invoking the teeth of God. The peasants, who were illiterate, spoke English. Most of the charter concerns feudal financial arrangements (socage, burgage, and scutage), obsolete measures and descriptions of land and of husbandry (wapentakes and wainages), and obscure instruments for the seizure and inheritance of estates (disseisin and mort d’ancestor). “Men who live outside the forest are not henceforth to come before our justices of the forest through the common summonses, unless they are in a plea,” one article begins.

Magna Carta’s importance has often been overstated, and its meaning distorted. “The significance of King John’s promise has been anything but constant,” U.S. Supreme Court Justice John Paul Stevens aptly wrote, in 1992. It also has a very different legacy in the United States than it does in the United Kingdom, where only four of its original sixty-some provisions are still on the books. In 2012, three New Hampshire Republicans introduced into the state legislature a bill that required that “all members of the general court proposing bills and resolutions addressing individual rights or liberties shall include a direct quote from the Magna Carta which sets forth the article from which the individual right or liberty is derived.” For American originalists, in particular, Magna Carta has a special lastingness. “It is with us every day,” Justice Antonin Scalia said in a speech at a Federalist Society gathering last fall.

Much has been written of the rule of law, less of the rule of history. Magna Carta, an agreement between the King and his barons, was also meant to bind the past to the present, though perhaps not in quite the way it’s turned out. That’s how history always turns out: not the way it was meant to. In preparation for its anniversary, Magna Carta acquired a Twitter username: @MagnaCarta800th….(More)”

Citizen Science for Citizen Access to Law


Paper by Michael Curtotti, Wayne Weibel, Eric McCreath, Nicolas Ceynowa, Sara Frug, and Tom R Bruce: “This paper sits at the intersection of citizen access to law, legal informatics and plain language. The paper reports the results of a joint project of the Cornell University Legal Information Institute and the Australian National University which collected thousands of crowdsourced assessments of the readability of law through the Cornell LII site. The aim of the project is to enhance accuracy in the prediction of the readability of legal sentences. The study requested readers on legislative pages of the LII site to rate passages from the United States Code and the Code of Federal Regulations and other texts for readability and other characteristics. The research provides insight into who uses legal rules and how they do so. The study enables conclusions to be drawn as to the current readability of law and spread of readability among legal rules. The research is intended to enable the creation of a dataset of legal rules labelled by human judges as to readability. Such a dataset, in combination with machine learning, will assist in identifying factors in legal language which impede readability and access for citizens. As far as we are aware, this research is the largest ever study of readability and usability of legal language and the first research which has applied crowdsourcing to such an investigation. The research is an example of the possibilities open for enhancing access to law through engagement of end users in the online legal publishing environment for enhancement of legal accessibility and through collaboration between legal publishers and researchers….(More)”

Special Report: 50 Years of Moore’s Law


moore's law iconIEEE Spectrum: “Fifty years ago this month, Gordon Moore forecast a bright future for electronics. His ideas were later distilled into a single organizing principle—Moore’s Law—that has driven technology forward at a staggering clip. We have all benefited from this miraculous development, which has forcefully shaped our modern world.

In this special report, we find that the end won’t be sudden and apocalyptic but rather gradual and complicated. Moore’s Law truly is the gift that keeps on giving—and surprising, as well….(More)”

The End of Asymmetric Information


Essay by Alex Tabarrok and Tyler Cowen: Might the age of asymmetric information – for better or worse – be over?  Market institutions are rapidly evolving to a situation where very often the buyer and the seller have roughly equal knowledge. Technological developments are giving everyone who wants it access to the very best information when it comes to product quality, worker performance, matches to friends and partners, and the nature of financial transactions, among many other areas.

These developments will have implications for how markets work, how much consumers benefit, and also economic policy and the law. As we will see, there may be some problematic sides to these new arrangements, specifically when it comes to privacy. Still, a large amount of economic regulation seems directed at a set of problems which, in large part, no longer exist…

Many “public choice” problems are really problems of asymmetric information. In William Niskanen’s (1974) model of bureaucracy, government workers usually benefit from larger bureaus, and they are able to expand their bureaus to inefficient size because they are the primary providers of information to politicians. Some bureaus, such as the NSA and the CIA, may still be able to use secrecy to benefit from information asymmetry. For instance they can claim to politicians that they need more resources to deter or prevent threats, and it is hard for the politicians to have well-informed responses on the other side of the argument. Timely, rich information about most other bureaucracies, however, is easily available to politicians and increasingly to the public as well. As information becomes more symmetric, Niskanen’s (1974) model becomes less applicable, and this may help check the growth of unneeded bureaucracy.

Cheap sensors are greatly extending how much information can be economically gathered and analyzed. It’s not uncommon for office workers to have every key stroke logged. When calling customer service, who has not been told “this call may be monitored for quality control purposes?” Service-call workers have their location tracked through cell phones. Even information that once was thought to be purely subjective can now be collected and analyzed, often with the aid of smart software or artificial intelligence. One firm, for example, uses badges equipped with microphones, accelerometers, and location sensors to measure tone of voice, posture, and body language, as well as who spoke to whom and for how long (Lohr 2014). The purpose is not only to monitor workers but to deduce when, where and why workers are the most productive. We are again seeing trade-offs which bring greater productivity, and limit asymmetric information, albeit at the expense of some privacy.

As information becomes more prevalent and symmetric, earlier solutions to asymmetric problems will become less necessary. When employers do not easily observe workers, for example, employers may pay workers unusually high wages, generating a rent. Workers will then work at high levels despite infrequent employer observation, to maintain their future rents (Shapiro and Stiglitz 1984). But those higher wages involved a cost, namely that fewer workers were hired, and the hires that were made often were directed to people who were already known to the firm. Better monitoring of workers will mean that employers will hire more people and furthermore they may be more willing to take chances on risky outsiders, rather than those applicants who come with impeccable pedigree. If the outsider does not work out and produce at an acceptable level, it is easy enough to figure this out and fire them later on….(More)”

Open Government Guide


Reporters Committee for Freedom of the Press: “The Open Government Guide is a complete compendium of information on every state’s open records and open meetings laws. Each state’s section is arranged according to a standard outline, making it easy to compare laws in various states. If you’re a new user of this guide, be sure to read the Introductory Note and User’s Guide.

Please note: These guides cover state laws. We also have a separate Federal Open Government Guide.”

We, the government


Davied van Berlo has published a new book about the role of government in the network society. It has not yet been published in English  but can be downloaded in Dutch at boek.ambtenaar20.nl.

The Civil Servant 2.0 book is available Uk_flag_300.png in English.”

About “We, the government”:

“The network society. Everybody’s talking about it, but what does it really mean? What effect does the networking age in society have on government? The public good is no longer just a government issue but a cocreation between government and society. However, what will this collaboration look like and will we be able to execute political goals in such a networked society?

In his third book Davied van Berlo, writer of Civil Servant 2.0 and Civil Servant 2.0 beta, explores the role of government in the network society. “We, the government” gives a new perspective on the working of government and offers civil servants and public officials a hand in shaping their new role in society.”…

Davied has used parts of his new book in the presentation he gave to the Dutch chapter of the Internet Society, see the video. Below the video an english version of the Prezi is available….(More)”

Sensor Law


Paper by Sandra Braman: For over two decades, information policy-making for human society has been increasingly supplemented, supplanted, and/or superceded by machinic decision-making; over three decades since legal decision-making has been explicitly put in place to serve machinic rather than social systems; and over four decades since designers of the Internet took the position that they were serving non-human (machinic, or daemon) users in addition to humans. As the “Internet of Things” becomes more and more of a reality, these developments increasingly shape the nature of governance itself. This paper’s discussion of contemporary trends in these diverse modes of human-computer interaction at the system level — interactions between social systems and technological systems — introduces the changing nature of the law as a sociotechnical problem in itself. In such an environment, technological innovations are often also legal innovations, and legal developments require socio-technical analysis as well as social, legal, political, and cultural approaches.

Examples of areas in which sensors are already receiving legal attention are rife. A non-comprehensive listing includes privacy concerns beginning but not ending with those raised by sensors embedded in phones and geolocation devices, which are the most widely discussed and those of which the public is most aware. Sensor issues arise in environmental law, health law, marine law, intellectual property law, and as they are raised by new technologies in use for national security purposes that include those confidence- and security-building measures intended for peacekeeping. They are raised by liability issues for objects that range from cars to ovens. And sensor issues are at the core of concerns about “telemetric policing,” as that is coming into use not only in North America and Europe, but in societies such as that of Brazil as well.

Sensors are involved in every stage of legal processes, from identification of persons of interest to determination of judgments and consequences of judgments. Their use significantly alters the historically-developed distinction among types of decision-making meant to come into use at different stages of the process, raising new questions about when, and how, human decision-making needs to dominate and when, and how, technological innovation might need to be shaped by the needs of social rather than human systems.

This paper will focus on the legal dimensions of sensors used in ubiquitous embedded computing….(More)”

Improving public policy through behavioral economics


Professor Chetty has been widely recognized for his research that combines empirical evidence and economic theory to help design more effective government policies. This is Part One of our conversation.

For part 2 of our conversation, on the use of administrative data (or “big data”) for research on what works in public policy, click here.”

World Justice Project (WJP) Open Government Index


“The World Justice Project (WJP) Open Government Index™ provides scores and rankings on four dimensions of government openness: publicized laws and government data, right to information, civic participation, and complaint mechanisms (full descriptions below). Scores are based on responses to household surveys and in-country expert questionnaires collected for the WJP Rule of Law Index. The WJP Open Government Index 2015 covers a total of 102 countries and jurisdictions.

This index is the product of two years of development, consultation, and vetting with policy makers, civil society groups, and academics from several countries. It is our hope that over time this diagnostic tool will help identify strengths and weaknesses in countries under review and encourage policy choices that enhance openness, promote effective public oversight, and increase collaboration amongst public and private sectors.

Mobile Spans Language Gap to Aid Human Trafficking Victims


Aida Akl at VOATechTonics: “A mobile solution from the Mekong Club, a non-profit group dedicated to fighting slavery, helps identify potential trafficking victims among populations where the person’s country of origin and language is unknown, and lets law enforcement agencies communicate with them.

The Android app was the product of collaboration between the Mekong Club, the United Nations Action for Cooperation Against Trafficking in Persons, and MotherApp, a private company that developed the app for free.

To communicate with potential victims, users press an icon which brings up a sample of flags on the phone’s screen, said Mathew Friedman, CEO of the Mekong Club, in an email interview.

A screenshot from the human trafficking mobile app shows potential human trafficking victims the flags of several countries. Once users choose thee one that corresponds to them, a video in their language comes on and asks them questions about whether they are being exploited and need help.

Users then tap the flags that correspond to their countries of origin. “Once this has been done,” Friedman added, “a video in the language of the country comes up informing the respondent of his/her rights, assuring them of confidentiality, and explaining that the officials playing the video to them are there to help should they require assistance.”

The videos pose a number of questions for users to respond to by pressing either a green button for an affirmative answer or a red button for a negative response.

A screenshot from the Mekong Club's mobile app shows some of the questions users are asked to determine if they are victims of human trafficking. (The Mekong Club)

The questions help law enforcement officials determine if the respondent is a victim of human trafficking.

“If all of the users’ answers are in the affirmative, then that would indicate a potential problem,” said Friedman.

Organizations that tested the app found it useful in bridging the translation gap. Friedman said the easy-to-use app offers an option for responders to triage potential victims in locations where translation is absent and allows the user to take notes and record audio/visual information….

Once developed, Friedman said the app will be cost-effective because “putting it on responder phones doesn’t cost anything.” But he lamented that it was only able to help “about 48,000″ trafficking victims last year — “well below one percent,” he said….(More)”