Visual Rulemaking


New York University Law Review Paper by Elizabeth G. Porter and Kathryn A. Watts: “Federal rulemaking has traditionally been understood as a text-bound, technocratic process. However, as this Article is the first to uncover, rulemaking stakeholders — including agencies, the President and members of the public — are now deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. Rarely do these visual contributions appear in the official rulemaking record, which remains defined by dense text, lengthy cost-benefit analyses, and expert reports. Perhaps as a result, scholars have overlooked the phenomenon we identify here: the emergence of a visual rulemaking universe that is splashing images, GIFs, and videos across social media channels. While this new universe, which we call “visual rulemaking,” might appear to be wholly distinct from the textual rulemaking universe on which administrative law has long focused, the two are not in fact distinct. Visual politics are seeping into the technocracy.

This Article argues that visual rulemaking is a good thing. It furthers fundamental regulatory values, including transparency and political accountability. It may also facilitate participation by more diverse stakeholders — not merely regulatory insiders who are well-equipped to navigate dense text. Yet we recognize that visual rulemaking poses risks. Visual appeals may undermine the expert-driven foundation of the regulatory state, and some uses may threaten or outright violate key legal doctrines, including the Administrative Procedure Act and longstanding prohibitions on agency lobbying and propaganda. Nonetheless, we conclude that administrative law theory and doctrine ultimately can and should welcome this robust new visual rulemaking culture….(More)”

Priorities for the National Privacy Research Strategy


James Kurose and Keith Marzullo at the White House: “Vast improvements in computing and communications are creating new opportunities for improving life and health, eliminating barriers to education and employment, and enabling advances in many sectors of the economy. The promise of these new applications frequently comes from their ability to create, collect, process, and archive information on a massive scale.

However, the rapid increase in the quantity of personal information that is being collected and retained, combined with our increased ability to analyze and combine it with other information, is creating concerns about privacy. When information about people and their activities can be collected, analyzed, and repurposed in so many ways, it can create new opportunities for crime, discrimination, inadvertent disclosure, embarrassment, and harassment.

This Administration has been a strong champion of initiatives to improve the state of privacy, such as the “Consumer Privacy Bill of Rights” proposal and the creation of the Federal Privacy Council. Similarly, the White House report Big Data: Seizing Opportunities, Preserving Values highlights the need for large-scale privacy research, stating: “We should dramatically increase investment for research and development in privacy-enhancing technologies, encouraging cross-cutting research that involves not only computer science and mathematics, but also social science, communications and legal disciplines.”

Today, we are pleased to release the National Privacy Research Strategy. Research agencies across government participated in the development of the strategy, reviewing existing Federal research activities in privacy-enhancing technologies, soliciting inputs from the private sector, and identifying priorities for privacy research funded by the Federal Government. The National Privacy Research Strategy calls for research along a continuum of challenges, from how people understand privacy in different situations and how their privacy needs can be formally specified, to how these needs can be addressed, to how to mitigate and remediate the effects when privacy expectations are violated. This strategy proposes the following priorities for privacy research:

  • Foster a multidisciplinary approach to privacy research and solutions;
  • Understand and measure privacy desires and impacts;
  • Develop system design methods that incorporate privacy desires, requirements, and controls;
  • Increase transparency of data collection, sharing, use, and retention;
  • Assure that information flows and use are consistent with privacy rules;
  • Develop approaches for remediation and recovery; and
  • Reduce privacy risks of analytical algorithms.

With this strategy, our goal is to produce knowledge and technology that will enable individuals, commercial entities, and the Federal Government to benefit from technological advancements and data use while proactively identifying and mitigating privacy risks. Following the release of this strategy, we are also launching a Federal Privacy R&D Interagency Working Group, which will lead the coordination of the Federal Government’s privacy research efforts. Among the group’s first public activities will be to host a workshop to discuss the strategic plan and explore directions of follow-on research. It is our hope that this strategy will also inspire parallel efforts in the private sector….(More)”

OpenData.Innovation: an international journey to discover innovative uses of open government data


Nesta: “This paper by Mor Rubinstein (Open Knowledge International) and Josh Cowls and Corinne Cath (Oxford Internet Institute) explores the methods and motivations behind innovative uses of open government data in five specific country contexts – Chile, Argentine, Uruguay, Israel, and Denmark; and considers how the insights it uncovers might be adopted in a UK context.

Through a series of interviews with ‘social hackers’ and open data practitioners and experts in countries with recognised open government data ‘hubs’, the authors encountered a diverse range of practices and approaches in how actors in different sectors of society make innovative uses of open government data. This diversity also demonstrated how contextual factors shape the opportunities and challenges for impactful open government data use.

Based on insights from these international case studies, the paper offers a number of recommendations – around community engagement, data literacy and practices of opening data – which aim to support governments and citizens unlock greater knowledge exchange and social impact through open government data….(More)”

Open Data in Southeast Asia


Book by Manuel Stagars: “This book explores the power of greater openness, accountability, and transparency in digital information and government data for the nations of Southeast Asia. The author demonstrates that, although the term “open data” seems to be self-explanatory, it involves an evolving ecosystem of complex domains. Through empirical case studies, this book explains how governments in the ASEAN may harvest the benefits of open data to maximize their productivity, efficiency and innovation. The book also investigates how increasing digital divides in the population, boundaries to civil society, and shortfalls in civil and political rights threaten to arrest open data in early development, which may hamper post-2015 development agendas in the region. With robust open data policies and clear roadmaps, member states of the ASEAN can harvest the promising opportunities of open data in their particular developmental, institutional and legal settings. Governments, policy makers, entrepreneurs and academics will gain a clearer understanding of the factors that enable open data from this timely research….(More)”

Reforms to improve U.S. government accountability


Alexander B. Howard and Patrice McDermott in Science: “Five decades after the United States first enacted the Freedom of Information Act (FOIA), Congress has voted to make the first major reforms to the statute since 2007. President Lyndon Johnson signed the first FOIA on 4 July 1966, enshrining in law the public’s right to access to information from executive branch government agencies. Scientists and others around the world can use the FOIA to learn what the U.S. government has done in its policies and practices. Proposed reforms should be a net benefit to public understanding of the scientific process and knowledge, by increasing the access of scientists to archival materials and reducing the likelihood of science and scientists being suppressed by official secrecy or bureaucracy.

Although the FOIA has been important for accountability, reform is sorely needed. An analysis of the 15 federal government agencies that received the most FOIA requests found poor to abysmal compliance rates (1, 2). In 2016, the Associated Press found that the Obama Administration had set a new record for unfulfilled FOIA requests (3). Although that has to be considered in the context of a rise in request volume without commensurate increases in resources to address them, researchers have found that most agencies simply ignore routine requests for travel schedules (4). An audit of 165 federal government agencies found that only 40% complied with the E-FOIA Act of 1996; just 67 of them had online libraries that were regularly updated with a substantial number of documents released under FOIA (5).

In the face of growing concerns about compliance, FOIA reform was one of the few recent instances of bicameral bipartisanship in Congress, with both the House and Senate each passing bills this spring with broad support. Now that Congress moved to send the Senate bill on to the president to sign into law, implementation of specific provisions will bear close scrutiny, including the potential impact of disclosure upon scientists who work in or with government agencies (6). Proposed revisions to the FOIA statute would improve how government discloses information to the public, while leaving intact exemptions for privacy, proprietary information, deliberative documents, and national security.

Features of Reforms

One of the major reforms in the House and Senate bills was to codify the “presumption of openness” outlined by President Obama the day after he took office in January 2009 when he declared that FOIA should be administered with a clear presumption: In the face of doubt, “openness” would prevail. This presumption of openness was affirmed by U.S. Attorney General Holder in March 2009. Although these declarations have had limited effect in the agencies (as described above), codifying these reforms into law is crucial not only to ensure that this remains executive branch policy after this president leaves office but also to provide requesters with legal force beyond an executive order….(More)”

Privacy concerns in smart cities


Liesbet van Zoonen in Government Information Quarterly: “In this paper a framework is constructed to hypothesize if and how smart city technologies and urban big data produce privacy concerns among the people in these cities (as inhabitants, workers, visitors, and otherwise). The framework is built on the basis of two recurring dimensions in research about people’s concerns about privacy: one dimensions represents that people perceive particular data as more personal and sensitive than others, the other dimension represents that people’s privacy concerns differ according to the purpose for which data is collected, with the contrast between service and surveillance purposes most paramount. These two dimensions produce a 2 × 2 framework that hypothesizes which technologies and data-applications in smart cities are likely to raise people’s privacy concerns, distinguishing between raising hardly any concern (impersonal data, service purpose), to raising controversy (personal data, surveillance purpose). Specific examples from the city of Rotterdam are used to further explore and illustrate the academic and practical usefulness of the framework. It is argued that the general hypothesis of the framework offers clear directions for further empirical research and theory building about privacy concerns in smart cities, and that it provides a sensitizing instrument for local governments to identify the absence, presence, or emergence of privacy concerns among their citizens….(More)”

Why we no longer trust the experts


Gillian Tett in the Financial Times: “Last week, I decided to take a gaggle of kids for an end-of-school-year lunch in a New York neighbourhood that I did not know well. I duly began looking for a suitable restaurant. A decade ago, I would have done that by turning to a restaurant guide. In the world I grew up in, it was normal to seek advice from the “experts”.

But in Manhattan last week, it did not occur to me to consult Fodor’s. Instead, I typed what I needed into my cellphone, scrolled through a long list of online restaurant recommendations, including comments from people who had eaten in them — and picked one.

Yes, it was a leap of faith; those restaurant reviews might have been fake. But there were enough voices for me to feel able to trust the wisdom of the cyber crowds — and, as it happened, our lunch choice was very good.

This is a trivial example of a much bigger change that is under way, and one that has some thought-provoking implications in the wake of the Brexit vote. Before the referendum, British citizens were subjected to a blitz of advice about the potential costs of Brexit from “experts”: economists, central bankers, the International Monetary Fund and world leaders, among others. Indeed, the central strategy of the government (and other “Remainers”) appeared to revolve around wheeling out these experts, with their solemn speeches and statistics….

I suspect that it indicates something else: that citizens of the cyber world no longer have much faith in anything that experts say, not just in the political sphere but in numerous others too. At a time when we increasingly rely on crowd-sourced advice rather than official experts to choose a restaurant, healthcare and holidays, it seems strange to expect voters to listen to official experts when it comes to politics.

In our everyday lives, we are moving from a system based around vertical axes of trust, where we trust people who seem to have more authority than we do, to one predicated on horizontal axes of trust: we take advice from our peer group.

You can see this clearly if you look at the surveys conducted by groups such as the Pew Research Center. These show that faith in institutions such as the government, big business and the media has crumbled in recent years; indeed, almost the only institution in the US that has bucked the trend is the military.

What is even more interesting to look at, however, are the areas where trust remains high. In an annual survey conducted by the Edelman public relations firm, people in 20 countries are asked who they trust. They show rising confidence in the “a person like me” category, and surprisingly high trust in digital technology. We live in a world where we increasingly trust our Facebook friends and the Twitter crowd more than we do the IMF or the prime minister.

In some senses, this is good news. Relying on horizontal axes of trust should mean more democracy and empowerment for ordinary citizens. But the problem of this new world is that people can fall prey to social fads and tribalism — or groupthink…..

Either way, nobody is going to put this genie back into the bottle. So we all need to think about what creates the bonds of “trust” in today’s world. And recognise that the 20th-century model of politics, with its reverence for experts and fixed parties, may eventually seem as outdated as restaurant guides. We live in volatile time…(More)”

Intermediation in Open Development


Katherine M. A. Reilly and Juan P. Alperin at Global Media Journal: “Open Development (OD) is a subset of ICT4D that studies the potential of ITenabled openness to support social change among poor or marginalized populations. Early OD work examined the potential of IT-enabled openness to decentralize power and enable public engagement by disintermediating knowledge production and dissemination. However, in practice, intermediaries have emerged to facilitate open data and related knowledge production activities in development processes. We identify five models of intermediation in OD work: decentralized, arterial, ecosystem, bridging, and communities of practice and examine the implications of each for stewardship of open processes. We conclude that studying OD through these five forms of intermediation is a productive way of understanding whether and how different patterns of knowledge stewardship influence development outcomes. We also offer suggestions for future research that can improve our understanding of how to sustain openness, facilitate public engagement, and ensure that intermediation contributes to open development….(More)”

Open data for transit app developers


Springwise: “Creating good transit apps can be difficult, given the vast amount of city (and worldwide) data app builders need to have access to. Aiming to address this, Transitland is an open platform that aggregates publicly available transport information from around the world.

The startup cleans the data sets, making them easy-to-use, and adds them to Mapzen, an open source mapping platform. Mapzen Turn-by-Turn is the platform’s transport planning service that, following its latest expansion, now contains data from more than 200 regions around the world on every continent except Antarctica. Transitland encourages anyone interested in transport, data and mapping to get involved, from adding data streams to sharing new apps and analyses. Mapzen Turn-by-Turn also manages all licensing related to use of the data, leaving developers free to discover and build. The platform is available to use for free.

We have seen a platform enable data sharing to help local communities and governments work better together, as well as a startup that visualizes government data so that it is easy-to-use for entrepreneurs….(More)”

Crowdsourcing privacy policy analysis: Potential, challenges and best practices


Paper by , and : “Privacy policies are supposed to provide transparency about a service’s data practices and help consumers make informed choices about which services to entrust with their personal information. In practice, those privacy policies are typically long and complex documents that are largely ignored by consumers. Even for regulators and data protection authorities privacy policies are difficult to assess at scale. Crowdsourcing offers the potential to scale the analysis of privacy policies with microtasks, for instance by assessing how specific data practices are addressed in privacy policies or extracting information about data practices of interest, which can then facilitate further analysis or be provided to users in more effective notice formats. Crowdsourcing the analysis of complex privacy policy documents to non-expert crowdworkers poses particular challenges. We discuss best practices, lessons learned and research challenges for crowdsourcing privacy policy analysis….(More)”