The Automated Administrative State

Curated on Posted on by Stefaan Verhulst

Paper by Danielle Citron and Ryan Calo: “The administrative state has undergone radical change in recent decades. In the twentieth century, agencies in the United States generally relied on computers to assist human decision-makers. In the twenty-first century, computers are making agency decisions themselves. Automated systems are increasingly taking human beings out of the loop. Computers terminate Medicaid to cancer patients and deny food stamps to individuals. They identify parents believed to owe child support and initiate collection proceedings against them. Computers purge voters from the rolls and deem small businesses ineligible for federal contracts [1].

Automated systems built in the early 2000s eroded procedural safeguards at the heart of the administrative state. When government makes important decisions that affect our lives, liberty, and property, it owes us “due process”— understood as notice of, and a chance to object to, those decisions. Automated systems, however, frustrate these guarantees. Some systems like the “no-fly” list were designed and deployed in secret; others lacked record-keeping audit trails, making review of the law and facts supporting a system’s decisions impossible. Because programmers working at private contractors lacked training in the law, they distorted policy when translating it into code [2].

Some of us in the academy sounded the alarm as early as the 1990s, offering an array of mechanisms to ensure the accountability and transparency of automated administrative state [3]. Yet the same pathologies continue to plague government decision-making systems today. In some cases, these pathologies have deepened and extended. Agencies lean upon algorithms that turn our personal data into predictions, professing to reflect who we are and what we will do. The algorithms themselves increasingly rely upon techniques, such as deep learning, that are even less amenable to scrutiny than purely statistical models. Ideals of what the administrative law theorist Jerry Mashaw has called “bureaucratic justice” in the form of efficiency with a “human face” feel impossibly distant [4].

The trend toward more prevalent and less transparent automation in agency decision-making is deeply concerning. For a start, we have yet to address in any meaningful way the widening gap between the commitments of due process and the actual practices of contemporary agencies [5]. Nonetheless, agencies rush to automate (surely due to the influence and illusive promises of companies seeking lucrative contracts), trusting algorithms to tell us if criminals should receive probation, if public school teachers should be fired, or if severely disabled individuals should receive less than the maximum of state-funded nursing care [6]. Child welfare agencies conduct intrusive home inspections because some system, which no party to the interaction understands, has rated a poor mother as having a propensity for violence. The challenges of preserving due process in light of algorithmic decision-making is an area of renewed and active attention within academia, civil society, and even the courts [7].

Second, and routinely overlooked, we are applying the new affordances of artificial intelligence in precisely the wrong contexts…(More)”.

The Market for Data Privacy

Curated on Posted on by Stefaan Verhulst

Paper by Tarun Ramadorai, Antoine Uettwiller and Ansgar Walther: “We scrape a comprehensive set of US firms’ privacy policies to facilitate research on the supply of data privacy. We analyze these data with the help of expert legal evaluations, and also acquire data on firms’ web tracking activities. We find considerable and systematic variation in privacy policies along multiple dimensions including ease of access, length, readability, and quality, both within and between industries. Motivated by a simple theory of big data acquisition and usage, we analyze the relationship between firm size, knowledge capital intensity, and privacy supply. We find that large firms with intermediate data intensity have longer, legally watertight policies, but are more likely to share user data with third parties….(More)”.

Facebook’s AI team maps the whole population of Africa

Curated on Posted on by Stefaan Verhulst

Devin Coldewey at TechCrunch: “A new map of nearly all of Africa shows exactly where the continent’s 1.3 billion people live, down to the meter, which could help everyone from local governments to aid organizations. The map joins others like it from Facebook  created by running satellite imagery through a machine learning model.

It’s not exactly that there was some mystery about where people live, but the degree of precision matters. You may know that a million people live in a given region, and that about half are in the bigger city and another quarter in assorted towns. But that leaves hundreds of thousands only accounted for in the vaguest way.

Fortunately, you can always inspect satellite imagery and pick out the spots where small villages and isolated houses and communities are located. The only problem is that Africa is big. Really big. Manually labeling the satellite imagery even from a single mid-sized country like Gabon or Malawi would take a huge amount of time and effort. And for many applications of the data, such as coordinating the response to a natural disaster or distributing vaccinations, time lost is lives lost.

Better to get it all done at once then, right? That’s the idea behind Facebook’s Population Density Maps project, which had already mapped several countries over the last couple of years before the decision was made to take on the entire African continent….

“The maps from Facebook ensure we focus our volunteers’ time and resources on the places they’re most needed, improving the efficacy of our programs,” said Tyler Radford, executive director of the Humanitarian OpenStreetMap Team, one of the project’s partners.

The core idea is straightforward: Match census data (how many people live in a region) with structure data derived from satellite imagery to get a much better idea of where those people are located.

“With just the census data, the best you can do is assume that people live everywhere in the district – buildings, fields, and forests alike,” said Facebook engineer James Gill. “But once you know the building locations, you can skip the fields and forests and only allocate the population to the buildings. This gives you very detailed 30 meter by 30 meter population maps.”

That’s several times more accurate than any extant population map of this size. The analysis is done by a machine learning agent trained on OpenStreetMap data from all over the world, where people have labeled and outlined buildings and other features.

First the huge amount of Africa’s surface that obviously has no structure had to be removed from consideration, reducing the amount of space the team had to evaluate by a factor of a thousand or more. Then, using a region-specific algorithm (because things look a lot different in coastal Morocco than they do in central Chad), the model identifies patches that contain a building….(More)”.

Rethink government with AI

Curated on Posted on by Stefaan Verhulst

Helen Margetts and Cosmina Dorobantu at Nature: “People produce more than 2.5 quintillion bytes of data each day. Businesses are harnessing these riches using artificial intelligence (AI) to add trillions of dollars in value to goods and services each year. Amazon dispatches items it anticipates customers will buy to regional hubs before they are purchased. Thanks to the vast extractive might of Google and Facebook, every bakery and bicycle shop is the beneficiary of personalized targeted advertising.

But governments have been slow to apply AI to hone their policies and services. The reams of data that governments collect about citizens could, in theory, be used to tailor education to the needs of each child or to fit health care to the genetics and lifestyle of each patient. They could help to predict and prevent traffic deaths, street crime or the necessity of taking children into care. Huge costs of floods, disease outbreaks and financial crises could be alleviated using state-of-the-art modelling. All of these services could become cheaper and more effective.

This dream seems rather distant. Governments have long struggled with much simpler technologies. Flagship policies that rely on information technology (IT) regularly flounder. The Affordable Care Act of former US president Barack Obama nearly crumbled in 2013 when HealthCare.gov, the website enabling Americans to enrol in health insurance plans, kept crashing. Universal Credit, the biggest reform to the UK welfare state since the 1940s, is widely regarded as a disaster because of its failure to pay claimants properly. It has also wasted £837 million (US$1.1 billion) on developing one component of its digital system that was swiftly decommissioned. Canada’s Phoenix pay system, introduced in 2016 to overhaul the federal government’s payroll process, has remunerated 62% of employees incorrectly in each fiscal year since its launch. And My Health Record, Australia’s digital health-records system, saw more than 2.5 million people opt out by the end of January this year over privacy, security and efficacy concerns — roughly 1 in 10 of those who were eligible.

Such failures matter. Technological innovation is essential for the state to maintain its position of authority in a data-intensive world. The digital realm is where citizens live and work, shop and play, meet and fight. Prices for goods are increasingly set by software. Work is mediated through online platforms such as Uber and Deliveroo. Voters receive targeted information — and disinformation — through social media.

Thus the core tasks of governments, such as enforcing regulation, setting employment rights and ensuring fair elections require an understanding of data and algorithms. Here we highlight the main priorities, drawn from our experience of working with policymakers at The Alan Turing Institute in London….(More)”.

The Smart Enough City

Curated on Posted on by Stefaan Verhulst
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Open Access Book by Ben Green: “Smart cities, where technology is used to solve every problem, are hailed as futuristic urban utopias. We are promised that apps, algorithms, and artificial intelligence will relieve congestion, restore democracy, prevent crime, and improve public services. In The Smart Enough City, Ben Green warns against seeing the city only through the lens of technology; taking an exclusively technical view of urban life will lead to cities that appear smart but under the surface are rife with injustice and inequality. He proposes instead that cities strive to be “smart enough”: to embrace technology as a powerful tool when used in conjunction with other forms of social change—but not to value technology as an end in itself….(More)”.

Ethics guidelines for trustworthy AI

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European Commission: “Following the publication of the draft ethics guidelines in December 2018 to which more than 500 comments were received, the independent expert group presents today their ethics guidelines for trustworthy artificial intelligence.

Trustworthy AI should respect all applicable laws and regulations, as well as a series of requirements; specific assessment lists aim to help verify the application of each of the key requirements:

  • Human agency and oversight: AI systems should enable equitable societies by supporting human agency and fundamental rights, and not decrease, limit or misguide human autonomy.
  • Robustness and safety: Trustworthy AI requires algorithms to be secure, reliable and robust enough to deal with errors or inconsistencies during all life cycle phases of AI systems.
  • Privacy and data governance: Citizens should have full control over their own data, while data concerning them will not be used to harm or discriminate against them.
  • Transparency: The traceability of AI systems should be ensured.
  • Diversity, non-discrimination and fairness: AI systems should consider the whole range of human abilities, skills and requirements, and ensure accessibility.
  • Societal and environmental well-being: AI systems should be used to enhance positive social change and enhance sustainability and ecological responsibility.
  • Accountability: Mechanisms should be put in place to ensure responsibility and accountability for AI systems and their outcomes.

In summer 2019, the Commission will launch a pilot phase involving a wide range of stakeholders. Already today, companies, public administrations and organisations can sign up to the European AI Alliance and receive a notification when the pilot starts.

Following the pilot phase, in early 2020, the AI expert group will review the assessment lists for the key requirements, building on the feedback received. Building on this review, the Commission will evaluate the outcome and propose any next steps….(More)”.

Platform Surveillance

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Editorial by David Murakami Wood and Torin Monahan of Special Issue of Surveillance and Society: “This editorial introduces this special responsive issue on “platform surveillance.” We develop the term platform surveillance to account for the manifold and often insidious ways that digital platforms fundamentally transform social practices and relations, recasting them as surveillant exchanges whose coordination must be technologically mediated and therefore made exploitable as data. In the process, digital platforms become dominant social structures in their own right, subordinating other institutions, conjuring or sedimenting social divisions and inequalities, and setting the terms upon which individuals, organizations, and governments interact.

Emergent forms of platform capitalism portend new governmentalities, as they gradually draw existing institutions into alignment or harmonization with the logics of platform surveillance while also engendering subjectivities (e.g., the gig-economy worker) that support those logics. Because surveillance is essential to the operations of digital platforms, because it structures the forms of governance and capital that emerge, the field of surveillance studies is uniquely positioned to investigate and theorize these phenomena….(More)”.

Responsible Data Governance of Neuroscience Big Data

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Paper by B. Tyr Fothergill et al: “Current discussions of the ethical aspects of big data are shaped by concerns regarding the social consequences of both the widespread adoption of machine learning and the ways in which biases in data can be replicated and perpetuated. We instead focus here on the ethical issues arising from the use of big data in international neuroscience collaborations.

Neuroscience innovation relies upon neuroinformatics, large-scale data collection and analysis enabled by novel and emergent technologies. Each step of this work involves aspects of ethics, ranging from concerns for adherence to informed consent or animal protection principles and issues of data re-use at the stage of data collection, to data protection and privacy during data processing and analysis, and issues of attribution and intellectual property at the data-sharing and publication stages.

Significant dilemmas and challenges with far-reaching implications are also inherent, including reconciling the ethical imperative for openness and validation with data protection compliance, and considering future innovation trajectories or the potential for misuse of research results. Furthermore, these issues are subject to local interpretations within different ethical cultures applying diverse legal systems emphasising different aspects. Neuroscience big data require a concerted approach to research across boundaries, wherein ethical aspects are integrated within a transparent, dialogical data governance process. We address this by developing the concept of ‘responsible data governance’, applying the principles of Responsible Research and Innovation (RRI) to the challenges presented by governance of neuroscience big data in the Human Brain Project (HBP)….(More)”.

Responsible data sharing in international health research: a systematic review of principles and norms

Curated on Posted on by Stefaan Verhulst

Paper by Shona Kalkman, Menno Mostert, Christoph Gerlinger, Johannes J. M. van Delden and Ghislaine J. M. W. van Thiel: ” Large-scale linkage of international clinical datasets could lead to unique insights into disease aetiology and facilitate treatment evaluation and drug development. Hereto, multi-stakeholder consortia are currently designing several disease-specific translational research platforms to enable international health data sharing. Despite the recent adoption of the EU General Data Protection Regulation (GDPR), the procedures for how to govern responsible data sharing in such projects are not at all spelled out yet. In search of a first, basic outline of an ethical governance framework, we set out to explore relevant ethical principles and norms…

We observed an abundance of principles and norms with considerable convergence at the aggregate level of four overarching themes: societal benefits and value; distribution of risks, benefits and burdens; respect for individuals and groups; and public trust and engagement. However, at the level of principles and norms we identified substantial variation in the phrasing and level of detail, the number and content of norms considered necessary to protect a principle, and the contextual approaches in which principles and norms are used....

While providing some helpful leads for further work on a coherent governance framework for data sharing, the current collection of principles and norms prompts important questions about how to streamline terminology regarding de-identification and how to harmonise the identified principles and norms into a coherent governance framework that promotes data sharing while securing public trust….(More)”

Data-driven models of governance across borders

Curated on Posted on by Stefaan Verhulst

Introduction to Special Issue of FirstMonday, edited by Payal Arora and Hallam Stevens: “This special issue looks closely at contemporary data systems in diverse global contexts and through this set of papers, highlights the struggles we face as we negotiate efficiency and innovation with universal human rights and social inclusion. The studies presented in these essays are situated in diverse models of policy-making, governance, and/or activism across borders. Attention to big data governance in western contexts has tended to highlight how data increases state and corporate surveillance of citizens, affecting rights to privacy. By moving beyond Euro-American borders — to places such as Africa, India, China, and Singapore — we show here how data regimes are motivated and understood on very different terms….

To establish a kind of baseline, the special issue opens by considering attitudes toward big data in Europe. René König’s essay examines the role of “citizen conferences” in understanding the public’s view of big data in Germany. These “participatory technology assessments” demonstrated that citizens were concerned about the control of big data (should it be under the control of the government or individuals?), about the need for more education about big data technologies, and the need for more government regulation. Participants expressed, in many ways, traditional liberal democratic views and concerns about these technologies centered on individual rights, individual responsibilities, and education. Their proposed solutions too — more education and more government regulation — fit squarely within western liberal democratic traditions.

In contrast to this, Payal Arora’s essay draws us immediately into the vastly different contexts of data governance in India and China. India’s Aadhaar biometric identification system, through tracking its citizens with iris scanning and other measures, promises to root out corruption and provide social services to those most in need. Likewise, China’s emerging “social credit system,” while having immense potential for increasing citizen surveillance, offers ways of increasing social trust and fostering more responsible social behavior online and offline. Although the potential for authoritarian abuses of both systems is high, Arora focuses on how these technologies are locally understood and lived on an everyday basis, which spans from empowering to oppressing their people. From this perspective, the technologies offer modes of “disrupt[ing] systems of inequality and oppression” that should open up new conversations about what democratic participation can and should look like in China and India.

If China and India offer contrasting non-democratic and democratic cases, we turn next to a context that is neither completely western nor completely non-western, neither completely democratic nor completely liberal. Hallam Stevens’ account of government data in Singapore suggests the very different role that data can play in this unique political and social context. Although the island state’s data.gov.sg participates in global discourses of sharing, “open data,” and transparency, much of the data made available by the government is oriented towards the solution of particular economic and social problems. Ultimately, the ways in which data are presented may contribute to entrenching — rather than undermining or transforming — existing forms of governance. The account of data and its meanings that is offered here once again challenges the notion that such data systems can or should be understood in the same ways that similar systems have been understood in the western world.

If systems such as Aadhaar, “social credit,” and data.gov.sg profess to make citizens and governments more visible and legible, Rolien Hoyngexamines what may remain invisible even within highly pervasive data-driven systems. In the world of e-waste, data-driven modes of surveillance and logistics are critical for recycling. But many blind spots remain. Hoyng’s account reminds us that despite the often-supposed all-seeing-ness of big data, we should remain attentive to what escapes the data’s gaze. Here, in midst of datafication, we find “invisibility, uncertainty, and, therewith, uncontrollability.” This points also to the gap between the fantasies of how data-driven systems are supposed to work, and their realization in the world. Such interstices allow individuals — those working with e-waste in Shenzhen or Africa, for example — to find and leverage hidden opportunities. From this perspective, the “blind spots of big data” take on a very different significance.

Big data systems provide opportunities for some, but reduce those for others. Mark Graham and Mohammad Amir Anwar examine what happens when online outsourcing platforms create a “planetary labor market.” Although providing opportunities for many people to make money via their Internet connection, Graham and Anwar’s interviews with workers across sub-Saharan Africa demonstrate how “platform work” alters the balance of power between labor and capital. For many low-wage workers across the globe, the platform- and data-driven planetary labor market means downward pressure on wages, fewer opportunities to collectively organize, less worker agency, and less transparency about the nature of the work itself. Moving beyond bold pronouncements that the “world is flat” and big data as empowering, Graham and Anwar show how data-driven systems of employment can act to reduce opportunities for those residing in the poorest parts of the world. The affordances of data and platforms create a planetary labor market for global capital but tie workers ever-more tightly to their own localities. Once again, the valances of global data systems look very different from this “bottom-up” perspective.

Philippa Metcalfe and Lina Dencik shift this conversation from the global movement of labor to that of people, as they write about the implications of European datafication systems on the governance of refugees entering this region. This work highlights how intrinsic to datafication systems is the classification, coding, and collating of people to legitimize the extent of their belonging in the society they seek to live in. The authors argue that these datafied regimes of power have substantively increased their role in the regulating of human mobility in the guise of national security. These means of data surveillance can foster new forms of containment and entrapment of entire groups of people, creating further divides between “us” and “them.” Through vast interoperable databases, digital registration processes, biometric data collection, and social media identity verification, refugees have become some of the most monitored groups at a global level while at the same time, their struggles remain the most invisible in popular discourse….(More)”.