Rethinking Democracy

Curated on Posted on by Stefaan Verhulst

Dani Rodrik at Project Syndicate: “By many measures, the world has never been more democratic. Virtually every government at least pays lip service to democracy and human rights. Though elections may not be free and fair, massive electoral manipulation is rare and the days when only males, whites, or the rich could vote are long gone. Freedom House’s global surveys show a steady increase from the 1970s in the share of countries that are “free” – a trend that the late Harvard political scientist Samuel Huntington dubbed the “third wave” of democratization….

A true democracy, one that combines majority rule with respect for minority rights, requires two sets of institutions. First, institutions of representation, such as political parties, parliaments, and electoral systems, are needed to elicit popular preferences and turn them into policy action. Second, democracy requires institutions of restraint, such as an independent judiciary and media, to uphold fundamental rights like freedom of speech and prevent governments from abusing their power. Representation without restraint – elections without the rule of law – is a recipe for the tyranny of the majority.

Democracy in this sense – what many call “liberal democracy” – flourished only after the emergence of the nation-state and the popular upheaval and mobilization produced by the Industrial Revolution. So it should come as no surprise that the crisis of liberal democracy that many of its oldest practitioners currently are experiencing is a reflection of the stress under which the nation-state finds itself….

In developing countries, it is more often the institutions of restraint that are failing. Governments that come to power through the ballot box often become corrupt and power-hungry. They replicate the practices of the elitist regimes they replaced, clamping down on the press and civil liberties and emasculating (or capturing) the judiciary. The result has been called “illiberal democracy” or “competitive authoritarianism.” Venezuela, Turkey, Egypt, and Thailand are some of the better-known recent examples.

When democracy fails to deliver economically or politically, perhaps it is to be expected that some people will look for authoritarian solutions. And, for many economists, delegating economic policy to technocratic bodies in order to insulate them from the “folly of the masses” almost always is the preferred approach.

…

Effective institutions of restraint do not emerge overnight; and it might seem like those in power would never want to create them. But if there is some likelihood that I will be voted out of office and that the opposition will take over, such institutions will protect me from others’ abuses tomorrow as much as they protect others from my abuses today. So strong prospects for sustained political competition are a key prerequisite for illiberal democracies to turn into liberal ones over time.

Optimists believe that new technologies and modes of governance will resolve all problems and send democracies centered on the nation-state the way of the horse-drawn carriage. Pessimists fear that today’s liberal democracies will be no match for the external challenges mounted by illiberal states like China and Russia, which are guided only by hardnosed realpolitik. Either way, if democracy is to have a future, it will need to be rethought.”

The Fourth Revolution: How the Infosphere is Reshaping Human Reality

Curated on Posted on by Stefaan Verhulst

New Book by Luciano Florini (Chapter 1 (pdf): “Considers the influence information and communication technologies (ICTs) are having on our world; Describes some of the latest developments in ICTs and their use in a range of fields; Argues that ICTs have become environmental forces that create and transform our realities; Explores the impact of ICTs in a range of areas, from education and scientific research to social interaction, and even war..
Who are we, and how do we relate to each other? Luciano Floridi, one of the leading figures in contemporary philosophy, argues that the explosive developments in Information and Communication Technologies (ICTs) is changing the answer to these fundamental human questions.
As the boundaries between life online and offline break down, and we become seamlessly connected to each other and surrounded by smart, responsive objects, we are all becoming integrated into an “infosphere”. Personas we adopt in social media, for example, feed into our ‘real’ lives so that we begin to live, as Floridi puts in, “onlife”. Following those led by Copernicus, Darwin, and Freud, this metaphysical shift represents nothing less than a fourth revolution.
“Onlife” defines more and more of our daily activity – the way we shop, work, learn, care for our health, entertain ourselves, conduct our relationships; the way we interact with the worlds of law, finance, and politics; even the way we conduct war. In every department of life, ICTs have become environmental forces which are creating and transforming our realities. How can we ensure that we shall reap their benefits? What are the implicit risks? Are our technologies going to enable and empower us, or constrain us? Floridi argues that we must expand our ecological and ethical approach to cover both natural and man-made realities, putting the ‘e’ in an environmentalism that can deal successfully with the new challenges posed by our digital technologies and information society.”

Just how well has the 'nudge unit' done?

Curated on Posted on by Stefaan Verhulst

Broadcast at BBC News: “Nudging – concept of changing people’s behaviour without recourse to the law but to psychology – has been one of the big policy ideas of the last few years
The coalition government set up a “nudge unit”, officially called the Behavioural Insights Team, in 2010. But just how successful has it been?
David Halpern, who heads the unit, told the Today programme’s Evan Davis that it has enjoyed a wide range of successes. He said that by adding the line “‘most people pay their tax on time’ to a letter you get a significant increase in the number of people who pay their tax on time and you get a reduction in complaints.
“It turns out it’s a nicer way, to encourage people than to threaten them.”
But Professor Gerd Gigerenzer, director of the Max Planck Institute for Human Development, told the programme that he did not “object against nudging per se but against the philosophy underlying it, namely that basically that people are born more or less stupid.”
There is, he said, a real alternative to nudging, that of educating people to become “risk-savvy citizens: to invest in to making people competent”.
 

Open Intellectual Property Casebook

Curated on Posted on by Stefaan Verhulst

New book by James Boyle & Jennifer Jenkins: “..This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback print edition for $29.99, $130 cheaper than other intellectual property casebooks.
This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.
The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court’s new rulings on gene patents.
Intellectual Property: Law & the Information Society is current as of August 2014. It includes discussions of such issues as the Redskins trademark cancelations, the Google Books case and the America Invents Act. Its illustrations range from graphs showing the growth in patent litigation to comic book images about copyright. The best way to get some sense of its coverage is to download it. In coming weeks, we will provide a separate fuller webpage with a table of contents and individual downloadable chapters.
The Center has also published an accompanying supplement of statutory and treaty materials that is available for free download and low cost print purchase.”

Assessing Social Value in Open Data Initiatives: A Framework

Curated on Posted on by Stefaan Verhulst

Paper by Gianluigi Viscusi, Marco Castelli and Carlo Batini in Future Internet Journal: “Open data initiatives are characterized, in several countries, by a great extension of the number of data sets made available for access by public administrations, constituencies, businesses and other actors, such as journalists, international institutions and academics, to mention a few. However, most of the open data sets rely on selection criteria, based on a technology-driven perspective, rather than a focus on the potential public and social value of data to be published. Several experiences and reports confirm this issue, such as those of the Open Data Census. However, there are also relevant best practices. The goal of this paper is to investigate the different dimensions of a framework suitable to support public administrations, as well as constituencies, in assessing and benchmarking the social value of open data initiatives. The framework is tested on three initiatives, referring to three different countries, Italy, the United Kingdom and Tunisia. The countries have been selected to provide a focus on European and Mediterranean countries, considering also the difference in legal frameworks (civic law vs. common law countries)”

Cell Phone Guide For US Protesters, Updated 2014 Edition

Curated on Posted on by Stefaan Verhulst

EFF: “With major protests in the news again, we decided it’s time to update our cell phone guide for protestors. A lot has changed since we last published this report in 2011, for better and for worse. On the one hand, we’ve learned more about the massive volume of law enforcement requests for cell phone—ranging from location information to actual content—and widespread use of dedicated cell phone surveillance technologies. On the other hand, strong Supreme Court opinions have eliminated any ambiguity about the unconstitutionality of warrantless searches of phones incident to arrest, and a growing national consensus says location data, too, is private.”

The Quiet Revolution: Open Data Is Transforming Citizen-Government Interaction

Curated on Posted on by Stefaan Verhulst

Maury Blackman at Wired: “The public’s trust in government is at an all-time low. This is not breaking news.
But what if I told you that just this past May, President Obama signed into law a bill that passed Congress with unanimous support. A bill that could fundamentally transform the way citizens interact with their government. This legislation could also create an entirely new, trillion-dollar industry right here in the U.S. It could even save lives.
On May 9th, the Digital Accountability and Transparency Act of 2014 (DATA Act) became law. There were very few headlines, no Rose Garden press conference.
I imagine most of you have never heard of the DATA Act. The bill with the nerdy name has the potential to revolutionize government. It requires federal agencies to make their spending data available in standardized, publicly accessible formats.  Supporters of the legislation included Tea Partiers and the most liberal Democrats. But the bill is only scratches the surface of what’s possible.
So What’s the Big Deal?
On his first day in Office, President Obama signed a memorandum calling for a more open and transparent government. The President wrote, “Openness will strengthen our democracy and promote efficiency and effectiveness in Government.” This was followed by the creation of Data.gov, a one-stop shop for all government data. The site does not just include financial data, but also a wealth of other information related to education, public safety, climate and much more—all available in open and machine-readable format. This has helped fuel an international movement.
Tech minded citizens are building civic apps to bring government into the digital age; reporters are now more able to connect the dots easier, not to mention the billions of taxpayer dollars saved. And last year the President took us a step further. He signed an Executive Order making open government data the default option.
Cities and states have followed Washington’s lead with similar open data efforts on the local level. In San Francisco, the city’s Human Services Agency has partnered with Promptly; a text message notification service that alerts food stamp recipients (CalFresh) when they are at risk of being disenrolled from the program. This service is incredibly beneficial, because most do not realize any change in status, until they are in the grocery store checkout line, trying to buy food for their family.
Other products and services created using open data do more than just provide an added convenience—they actually have the potential to save lives. The PulsePoint mobile app sends text messages to citizens trained in CPR when someone in walking distance is experiencing a medical emergency that may require CPR. The app is currently available in almost 600 cities in 18 states, which is great. But shouldn’t a product this valuable be available to every city and state in the country?…”

Request for Proposals: Exploring the Implications of Government Release of Large Datasets

Curated on Posted on by Stefaan Verhulst

“The Berkeley Center for Law & Technology and Microsoft are issuing this request for proposals (RFP) to fund scholarly inquiry to examine the civil rights, human rights, security and privacy issues that arise from recent initiatives to release large datasets of government information to the public for analysis and reuse.  This research may help ground public policy discussions and drive the development of a framework to avoid potential abuses of this data while encouraging greater engagement and innovation.
This RFP seeks to:

    • Gain knowledge of the impact of the online release of large amounts of data generated by citizens’ interactions with government
    • Imagine new possibilities for technical, legal, and regulatory interventions that avoid abuse
    • Begin building a body of research that addresses these issues

– BACKGROUND –

 
Governments at all levels are releasing large datasets for analysis by anyone for any purpose—“Open Data.”  Using Open Data, entrepreneurs may create new products and services, and citizens may use it to gain insight into the government.  A plethora of time saving and other useful applications have emerged from Open Data feeds, including more accurate traffic information, real-time arrival of public transportation, and information about crimes in neighborhoods.  Sometimes governments release large datasets in order to encourage the development of unimagined new applications.  For instance, New York City has made over 1,100 databases available, some of which contain information that can be linked to individuals, such as a parking violation database containing license plate numbers and car descriptions.
Data held by the government is often implicitly or explicitly about individuals—acting in roles that have recognized constitutional protection, such as lobbyist, signatory to a petition, or donor to a political cause; in roles that require special protection, such as victim of, witness to, or suspect in a crime; in the role as businessperson submitting proprietary information to a regulator or obtaining a business license; and in the role of ordinary citizen.  While open government is often presented as an unqualified good, sometimes Open Data can identify individuals or groups, leading to a more transparent citizenry.  The citizen who foresees this growing transparency may be less willing to engage in government, as these transactions may be documented and released in a dataset to anyone to use for any imaginable purpose—including to deanonymize the database—forever.  Moreover, some groups of citizens may have few options or no choice as to whether to engage in governmental activities.  Hence, open data sets may have a disparate impact on certain groups. The potential impact of large-scale data and analysis on civil rights is an area of growing concern.  A number of civil rights and media justice groups banded together in February 2014 to endorse the “Civil Rights Principles for the Era of Big Data” and the potential of new data systems to undermine longstanding civil rights protections was flagged as a “central finding” of a recent policy review by White House adviser John Podesta.
The Berkeley Center for Law & Technology (BCLT) and Microsoft are issuing this request for proposals in an effort to better understand the implications and potential impact of the release of data related to U.S. citizens’ interactions with their local, state and federal governments. BCLT and Microsoft will fund up to six grants, with a combined total of $300,000.  Grantees will be required to participate in a workshop to present and discuss their research at the Berkeley Technology Law Journal (BTLJ) Spring Symposium.  All grantees’ papers will be published in a dedicated monograph.  Grantees’ papers that approach the issues from a legal perspective may also be published in the BTLJ. We may also hold a followup workshop in New York City or Washington, DC.
While we are primarily interested in funding proposals that address issues related to the policy impacts of Open Data, many of these issues are intertwined with general societal implications of “big data.” As a result, proposals that explore Open Data from a big data perspective are welcome; however, proposals solely focused on big data are not.  We are open to proposals that address the following difficult question.  We are also open to methods and disciplines, and are particularly interested in proposals from cross-disciplinary teams.

    • To what extent does existing Open Data made available by city and state governments affect individual profiling?  Do the effects change depending on the level of aggregation (neighborhood vs. cities)?  What releases of information could foreseeably cause discrimination in the future? Will different groups in society be disproportionately impacted by Open Data?
    • Should the use of Open Data be governed by a code of conduct or subject to a review process before being released? In order to enhance citizen privacy, should governments develop guidelines to release sampled or perturbed data, instead of entire datasets? When datasets contain potentially identifiable information, should there be a notice-and-comment proceeding that includes proposed technological solutions to anonymize, de-identify or otherwise perturb the data?
    • Is there something fundamentally different about government services and the government’s collection of citizen’s data for basic needs in modern society such as power and water that requires governments to exercise greater due care than commercial entities?
    • Companies have legal and practical mechanisms to shield data submitted to government from public release.  What mechanisms do individuals have or should have to address misuse of Open Data?  Could developments in the constitutional right to information policy as articulated in Whalen and Westinghouse Electric Co address Open Data privacy issues?
    • Collecting data costs money, and its release could affect civil liberties.  Yet it is being given away freely, sometimes to immensely profitable firms.  Should governments license data for a fee and/or impose limits on its use, given its value?
    • The privacy principle of “collection limitation” is under siege, with many arguing that use restrictions will be more efficacious for protecting privacy and more workable for big data analysis.  Does the potential of Open Data justify eroding state and federal privacy act collection limitation principles?   What are the ethical dimensions of a government system that deprives the data subject of the ability to obscure or prevent the collection of data about a sensitive issue?  A move from collection restrictions to use regulation raises a number of related issues, detailed below.
    • Are use restrictions efficacious in creating accountability?  Consumer reporting agencies are regulated by use restrictions, yet they are not known for their accountability.  How could use regulations be implemented in the context of Open Data efficaciously?  Can a self-learning algorithm honor data use restrictions?
    • If an Open Dataset were regulated by a use restriction, how could individuals police wrongful uses?   How would plaintiffs overcome the likely defenses or proof of facts in a use regulation system, such as a burden to prove that data were analyzed and the product of that analysis was used in a certain way to harm the plaintiff?  Will plaintiffs ever be able to beat first amendment defenses?
    • The President’s Council of Advisors on Science and Technology big data report emphasizes that analysis is not a “use” of data.  Such an interpretation suggests that NSA metadata analysis and large-scale scanning of communications do not raise privacy issues.  What are the ethical and legal implications of the “analysis is not use” argument in the context of Open Data?
    • Open Data celebrates the idea that information collected by the government can be used by another person for various kinds of analysis.  When analysts are not involved in the collection of data, they are less likely to understand its context and limitations.  How do we ensure that this knowledge is maintained in a use regulation system?
    • Former President William Clinton was admitted under a pseudonym for a procedure at a New York Hospital in 2004.  The hospital detected 1,500 attempts by its own employees to access the President’s records.  With snooping such a tempting activity, how could incentives be crafted to cause self-policing of government data and the self-disclosure of inappropriate uses of Open Data?
    • It is clear that data privacy regulation could hamper some big data efforts.  However, many examples of big data successes hail from highly regulated environments, such as health care and financial services—areas with statutory, common law, and IRB protections.  What are the contours of privacy law that are compatible with big data and Open Data success and which are inherently inimical to it?
    • In recent years, the problem of “too much money in politics” has been addressed with increasing disclosure requirements.  Yet, distrust in government remains high, and individuals identified in donor databases have been subjected to harassment.  Is the answer to problems of distrust in government even more Open Data?
    • What are the ethical and epistemological implications of encouraging government decision-making based upon correlation analysis, without a rigorous understanding of cause and effect?  Are there decisions that should not be left to just correlational proof? While enthusiasm for data science has increased, scientific journals are elevating their standards, with special scrutiny focused on hypothesis-free, multiple comparison analysis. What could legal and policy experts learn from experts in statistics about the nature and limits of open data?…
      To submit a proposal, visit the Conference Management Toolkit (CMT) here.
      Once you have created a profile, the site will allow you to submit your proposal.
      If you have questions, please contact Chris Hoofnagle, principal investigator on this project.”

When Technologies Combine, Amazing Innovation Happens

Curated on Posted on by Stefaan Verhulst

FastCoexist: “Innovation occurs both within fields, and in combinations of fields. It’s perhaps the latter that ends up being most groundbreaking. When people of disparate expertise, mindset and ideas work together, new possibilities pop up.
In a new report, the Institute for the Future argues that “technological change is increasingly driven by the combination and recombination of foundational elements.” So, when we think about the future, we need to consider not just fundamental advances (say, in computing, materials, bioscience) but also at the intersection of these technologies.
The report uses combination-analysis in the form of a map. IFTF selects 13 “territories”–what it calls “frontiers of innovation”–and then examines the linkages and overlaps. The result is 20 “combinational forecasts.” “These are the big stories, hot spots that will shape the landscape of technology in the coming decade,” the report explains. “Each combinatorial forecast emerges from the intersection of multiple territories.”…

Quantified Experiences

Advances in brain-imaging techniques will make bring new transparency to our thoughts and feelings. “Assigning precise measurements to feelings like pain through neurofeedback and other techniques could allow for comparison, modulation, and manipulation of these feelings,” the report says. “Direct measurement of our once-private thoughts and feelings can help us understand other people’s experience but will also present challenges regarding privacy and definition of norms.”…

Code Is The Law

The law enforcement of the future may increasingly rely on sensors and programmable devices. “Governance is shifting from reliance on individual responsibility and human policing toward a system of embedded protocols and automatic rule enforcement,” the report says. That in turn means greater power for programmers who are effectively laying down the parameters of the new relationship between government and governed….”