New paper by Francis Fukuyama in the journal Democratization: “The state, rule of law, and democratic accountability are the three basic components of a modern political order. The state concentrates and uses power, while law and democracy constrain the exercise of power, indicating that there is an inherent tension between them. This article looks at ways in which the state and liberal democracy interact in three areas: citizen security, patronage and clientelism, and the formation of national identity. In all three areas, state and democracy act at cross purposes in some domains, and are mutually supportive in others. The reason for this complex relationship is that both state and democracy are themselves complex collections of institutions which interact on a multiplicity of levels. Understanding the relationship between state and democracy is important in policy terms because many recent initiatives to improve the quality of governance assume that state quality and democracy are mutually supportive, something that is not fully supported by the empirical evidence.”
Pricey privacy: Framing the economy of information in the digital age
Paper by Federica Fornaciari in FirstMonday: “As new information technologies become ubiquitous, individuals are often prompted rethinking disclosure. Available media narratives may influence one’s understanding of the benefits and costs related to sharing personal information. This study, guided by frame theory, undertakes a Critical Discourse Analysis (CDA) of media discourse developed to discuss the privacy concerns related to the corporate collection and trade of personal information. The aim is to investigate the frames — the central organizing ideas — used in the media to discuss such an important aspect of the economics of personal data. The CDA explored 130 articles published in the New York Times between 2000 and 2012. Findings reveal that the articles utilized four frames: confusion and lack of transparency, justification and private interests, law and self-regulation, and commodification of information. Articles used episodic framing often discussing specific instances of infringements rather than broader thematic accounts. Media coverage tended to frame personal information as a commodity that may be traded, rather than as a fundamental value.”
Anyone can now crowdfund their legal battle
Springwise: “Platforms such as Indiegogo and Kickstarter have helped to prove that crowdfunding is now a viable option for entrepreneurs wanting to get a product off the ground, but both still have strict rules about what can be funded (despite the latter relaxing theirs earlier this year). There has been a push to create more social crowdfunding platforms however, and we’ve seen Watsi let donors pledge money to individuals’ healthcare needs. Now the legal industry has got its own crowdfunding site. New York’s Lexshares is getting investors to provide support to those who can’t afford the high costs of court battles.
Legal fights can be incredibly expensive, and if you want a good lawyer than plaintiffs will need to cough up. Unfortunately, those with a case may not have the funds to bring their battle to court and end up with an injustice going unchallenged. LexShares helps connect those people and businesses with investors that could help front the legal costs of taking their opponent to trial.
Specializing in ‘David and Goliath’ cases between small businesses and large corporations and multinationals, anyone can send their case in to be reviewed by LexShares’ team of law professionals. If they believe it has a chance, it’s posted on the site for investors to review. Anyone who wants to support the case can decide how much they want to invest. If it’s successful, investors receive a return of any legal fees and damages recovered through the trial, but if it fails the plaintiff doesn’t need to pay them anything. Investors can track each case through the LexShares dashboard.
LexShares aims to help businesses who might otherwise not have the capital to take their case to court. However, the company may need to be careful that the platform doesn’t turn the legal process into a betting platform for investors. Could this type of crowdfunding work for individuals who typically find it hard to get representation?
Website: www.lexshares.com“
Activists Wield Search Data to Challenge and Change Police Policy
at the New York Times: “One month after a Latino youth died from a gunshot as he sat handcuffed in the back of a police cruiser here last year, 150 demonstrators converged on Police Headquarters, some shouting “murderers” as baton-wielding officers in riot gear fired tear gas.
The police say the youth shot himself with a hidden gun. But to many residents of this city, which is 40 percent black, the incident fit a pattern of abuse and bias against minorities that includes frequent searches of cars and use of excessive force. In one case, a black female Navy veteran said she was beaten by an officer after telling a friend she was visiting that the friend did not have to let the police search her home.
Yet if it sounds as if Durham might have become a harbinger of Ferguson, Mo. — where the fatal shooting of an unarmed black teenager by a white police officer led to weeks of protests this summer — things took a very different turn. Rather than relying on demonstrations to force change, a coalition of ministers, lawyers and community and political activists turned instead to numbers. They used an analysis of state data from 2002 to 2013 that showed that the Durham police searched black male motorists at more than twice the rate of white males during stops. Drugs and other illicit materials were found no more often on blacks….
The use of statistics is gaining traction not only in North Carolina, where data on police stops is collected under a 15-year-old law, but in other cities around the country.
Austin, Tex., began requiring written consent for searches without probable cause two years ago, after its independent police monitor reported that whites stopped by the police were searched one in every 28 times, while blacks were searched one in eight times.
In Kalamazoo, Mich., a city-funded study last year found that black drivers were nearly twice as likely to be stopped, and then “much more likely to be asked to exit their vehicle, to be handcuffed, searched and arrested.”
As a result, Jeff Hadley, the public safety chief of Kalamazoo, imposed new rules requiring officers to explain to supervisors what “reasonable suspicion” they had each time they sought a driver’s consent to a search. Traffic stops have declined 42 percent amid a drop of more than 7 percent in the crime rate, he said.
“It really stops the fishing expeditions,” Chief Hadley said of the new rules. Though the findings demoralized his officers, he said, the reaction from the African-American community stunned him. “I thought they would be up in arms, but they said: ‘You’re not telling us anything we didn’t already know. How can we help?’ ”
The School of Government at the University of North Carolina at Chapel Hill has a new manual for defense lawyers, prosecutors and judges, with a chapter that shows how stop and search data can be used by the defense to raise challenges in cases where race may have played a role…”
New Tool in Fighting Corruption: Open Data
Martin Tisne at Omidyar Network: “Yesterday in Brisbane, the G20 threw its weight behind open data by featuring it prominently in the G20 Anti-Corruption working action plan. Specifically, the action plan calls for effort in three related areas:
(1) Prepare a G20 compendium of good practices and lessons learned on open data and its application in the fight against corruption
(2) Prepare G20 Open Data Principles, including identifying areas or sectors where their application is particularly useful
(3) Complete self‑assessments of G20 country open data frameworks and initiatives
Open data describes information that is not simply public, but that has been published in a manner that makes it easy to access and easy to compare and connect with other information.
This matters for anti corruption – if you are a journalist or a civil society activist investigating bribery and corruption those connections are everything. They tell you that an anonymous person (e.g. ‘Mr Smith’) who owns an obscure company registered in a tax haven is linked to a another company that has been illegally exporting timber from a neighboring country. That the said Mr. Smith is also the son-in-law of the mining minister of yet another country, who herself has been accused of embezzling mining revenues. As we have written elsewhere on this blog, investigative journalists, prosecution authorities, and civil society groups all need access to this linked data for their work.
The action plan also links open data to the wider G20 agenda, citing its impact on the ability of businesses to make better investment decisions. You can find the full detail here….”
We’re All Pirates Now
Book Review by Edward Kosner of “Information Doesn’t Want to Be Free”in the Wall Street Journal: “Do you feel like a thief when you click on a website link and find yourself reading an article or listening to a song you haven’t paid for? Should you? Are you annoyed when you can’t copy a movie you’ve paid for onto your computer’s hard drive? Should you be? Should copyright, conceived in England three centuries ago to protect writers from unscrupulous printers, apply the same way to creators and consumers in the digital age?
The sci-fi writer, blogger and general man-about-the-Web Cory Doctorow tries to answer some of these questions—and introduces others—in “Information Doesn’t Want to Be Free.” Billed as a guide for perplexed creators about how to make a living in the Internet Era, the book is actually a populist manifesto for the information revolution.
Mr. Doctorow is a confident and aphoristic writer—his book is like one long TED talk—and his basic advice to creators is easy to grasp: Aspiring novelists, journalists, musicians and other artists and would-be artists should recognize the Web as an unprecedented promotional medium rather than a revenue source. Creators, writes Mr. Doctorow, need to get known before they can expect to profit from their work. So they should welcome having their words, music or images reproduced online without permission to pave the way for a later payoff.
Even if they manage to make a name, he warns, they’re likely to be ripped off by the entertainment-industrial complex—big book publishers, record companies, movie studios, Google , Apple and Microsoft. But they can monetize their creativity by, among other things, selling tickets to public shows, peddling “swag”—T-shirts, ball caps, posters and recordings—and taking commissions for new work.
He cites the example of a painter named Molly Crabapple, who, inspired by the Occupy Wall Street movement, raised $55,000 on the crowdsourcing site Kickstarter, rented a storefront and created nine huge canvases, seven of which she sold for $8,000 each. Not the easiest way to become the next Jeff Koons, Taylor Swift or Gillian Flynn.
But Mr. Doctorow turns out to be less interested in mentoring unrealized talent than in promulgating a new regime for copyright regulation on the Internet. Copyright has been enshrined in American law since 1790, but computer technology, he argues, has rendered the concept obsolete: “We can’t stop copying on the Internet because the Internet is a copying machine.” And the whole debate, he complains, “is filled with lies, damn lies and piracy statistics.”
There’s lots of technical stuff here about digital locks—he calls devices like the Kindle “roach motels” that allow content to be loaded but never offloaded elsewhere—as well as algorithms, embedded keys and such. And the book is clotted with acronyms: A diligent reader who finishes this slim volume should be able to pass a test on the meaning of ACTA, WIPO, WPPT, WCT, DMCA, DNS, SOPA and PIPA, not to mention NaTD (techspeak for “Notice and Take Down”).
The gist of Mr. Doctorow’s argument is that the bad guys of the content game use copyright protection and antipiracy protocols not to help creators but to enrich themselves at the expense of the talent and the consumers of content. Similarly, he contends that the crusade against “net neutrality”—the principle that Internet carriers must treat all data and users the same way—is actually a ploy to elevate big players in the digital world by turning the rest of us into second-class Netizens.
“The future of the Internet,” he writes, “should not be a fight about whether Google (or Apple or Microsoft) gets to be in charge or whether Hollywood gets to be in charge. Left to their own devices, Big Tech and Big Content are perfectly capable of coming up with a position that keeps both ‘sides’ happy at the expense of everyone else.”…”
Why the World Needs Anonymous
Gabriella Coleman at MIT Technology Review: “Anonymity is under attack, and yet the actions of a ragtag band of hackers, activists, and rabble-rousers reveal how important it remains.
“It’s time to end anonymous comments sections,” implored Kevin Wallsten and Melinda Tarsi in the Washington Post this August. In the U.K., a parliamentary committee has even argued for a “cultural shift” against treating pseudonymous comments as trustworthy. This assault is matched by pervasive practices of monitoring and surveillance, channeled through a stunning variety of mechanisms—from CCTV cameras to the constant harvesting of digital data.
But just as anonymity’s value has sunk to a new low in the eyes of some, a protest movement in favor of concealment has appeared. The hacker collective Anonymous is most famous for its controversial crusades against the likes of dictators, corporations, and pseudo-religions like Scientology. But the group is also the embodiment of this new spirit.
Anonymous may strike a reader as unique, but its efforts represent just the latest in experimentation with anonymous speech as a conduit for political expression. Anonymous expression has been foundational to our political culture, characterizing monumental declarations like the Federalist Papers, and the Supreme Court has repeatedly granted anonymous speech First Amendment protection.
The actions of this group are also important because anonymity remains important to us all. Universally enforcing disclosure of real identities online would limit the possibilities for whistle-blowing and voicing unpopular beliefs—processes essential to any vibrant democracy. And just as anonymity can engender disruptive and antisocial behavior such as trolling, it can provide a means of pushing back against increased surveillance.
By performing a role increasingly unavailable to most Internet users as they participate in social networks and other gated communities requiring real names, Anonymous dramatizes the existence of other possibilities. Its members symbolically incarnate struggles against the constant, blanket government surveillance revealed by Edward Snowden and many before him.
As an anthropologist who has spent half a dozen years studying Anonymous, I’ve have had the unique opportunity to witness and experience just how these activists conceive of and enact obfuscation. It is far from being implemented mindlessly. Indeed, there are important ethical lessons that we can draw from their successes and failures.
Often Anonymous activists, or “Anons,” interact online under the cover of pseudo-anonymity. Typically, this takes the form of a persistent nickname, otherwise known as a handle, around which a reputation necessarily accrues. Among the small fraction of law-breaking Anons, pseudo-anonymity is but one among a roster of tactics for achieving operational security. These include both technical solutions, such as encryption and anonymizing software, and cultivation of the restraint necessary to prevent the disclosure of personal information.
The great majority of Anonymous participants are neither hackers nor lawbreakers but must nonetheless remain circumspect in what they reveal about themselves and others. Sometimes, ignorance is the easiest way to ensure protection. A participant who helped build up one of the larger Anonymous accounts erected a self-imposed fortress between herself and the often-private Internet Relay Chat channels where law-breaking Anons cavorted and planned actions. It was a “wall,” as she put it, which she sought never to breach.
During the course of my research, I eschewed anonymity and mitigated risk by erecting the same wall, making sure not to climb over it. But some organizers were more intrepid. Since they associated with lawbreakers or even witnessed planning of illegal activity on IRC, they chose to cloak themselves for self-protection.
Regardless of the reasons for maintaining anonymity, it shaped many of the ethical norms and mores of the group. The source of this ethic is partly indebted to 4chan, a hugely popular, and deeply subversive, image board that enforced the name “Anonymous” for all users, thus hatching the idea’s potential (see “Radical Opacity”)….
See also: Hacker, Hoaxer, Whistleblower, Spy: The Many Faces of Anonymous.
The collision between big data and privacy law
Paper by Stephen Wilson in the Australian Journal of Telecommunications and the Digital Economy : “We live in an age where billionaires are self-made on the back of the most intangible of assets – the information they have about us. The digital economy is awash with data. It’s a new and endlessly re-useable raw material, increasingly left behind by ordinary people going about their lives online. Many information businesses proceed on the basis that raw data is up for grabs; if an entrepreneur is clever enough to find a new vein of it, they can feel entitled to tap it in any way they like. However, some tacit assumptions underpinning today’s digital business models are naive. Conventional data protection laws, older than the Internet, limit how Personal Information is allowed to flow. These laws turn out to be surprisingly powerful in the face of ‘Big Data’ and the ‘Internet of Things’. On the other hand, orthodox privacy management was not framed for new Personal Information being synthesised tomorrow from raw data collected today. This paper seeks to bridge a conceptual gap between data analytics and privacy, and sets out extended Privacy Principles to better deal with Big Data.”
Law is Code: A Software Engineering Approach to Analyzing the United States Code
New Paper by William Li, Pablo Azar, David Larochelle, Phil Hill & Andrew Lo: “The agglomeration of rules and regulations over time has produced a body of legal code that no single individual can fully comprehend. This complexity produces inefficiencies, makes the processes of understanding and changing the law difficult, and frustrates the fundamental principle that the law should provide fair notice to the governed. In this article, we take a quantitative, unbiased, and software-engineering approach to analyze the evolution of the United States Code from 1926 to today. Software engineers frequently face the challenge of understanding and managing large, structured collections of instructions, directives, and conditional statements, and we adapt and apply their techniques to the U.S. Code over time. Our work produces insights into the structure of the U.S. Code as a whole, its strengths and vulnerabilities, and new ways of thinking about individual laws. For example, we identify the first appearance and spread of important terms in the U.S. Code like “whistleblower” and “privacy.” We also analyze and visualize the network structure of certain substantial reforms, including the Patient Protection and Affordable Care Act (PPACA) and the Dodd-Frank Wall Street Reform and Consumer Protection Act, and show how the interconnections of references can increase complexity and create the potential for unintended consequences. Our work is a timely illustration of computational approaches to law as the legal profession embraces technology for scholarship, to increase efficiency, and to improve access to justice.”
Research Handbook On Transparency
New book edited by Padideh Ala’i and Robert G. Vaughn: ‘”Transparency” has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies–such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.’
– Susan Rose-Ackerman, Yale University Law School, US
In the last two decades transparency has become a ubiquitous and stubbornly ambiguous term. Typically understood to promote rule of law, democratic participation, anti-corruption initiatives, human rights, and economic efficiency, transparency can also legitimate bureaucratic power, advance undemocratic forms of governance, and aid in global centralization of power. This path-breaking volume, comprising original contributions on a range of countries and environments, exposes the many faces of transparency by allowing readers to see the uncertainties, inconsistencies and surprises contained within the current conceptions and applications of the term….
The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives. Some chapters emphasize cultural and national aspects of the issue, with country-specific examples from China, Mexico, the US and the UK, while others focus on transparency within global organizations such as the World Bank and the WTO. A number of relevant legal considerations are also discussed, including freedom of information laws, financial disclosure of public officials and whistleblower protection…”