Continuity in Legislatures Amid COVID-19

Curated on Posted on by Stefaan Verhulst

Blog by Sam DeJohn, Anirudh Dinesh, and Dane Gambrell: “As COVID-19 changes how we work, governments everywhere are experimenting with new ways to adapt and continue legislative operations under current physical restrictions. From city councils to state legislatures and national parliaments, more public servants are embracing and advocating for the use of new technologies to convene, deliberate, and vote.

On April 20th, GovLab published an initial overview of such efforts in the latest edition of the CrowdLaw Communique. As the United States Congress wrestles with the question of whether to allow remote voting, the GovLab has compiled an update on those international and state legislatures that are the furthest ahead with the use of new technology to continue operations.

NORTH AMERICA

In the US, On April 16, over 60 former members of Congress participated in a “Mock Remote Hearing” exercise to test the viability of online proceedings during the COVID-19 pandemic.

In Kentucky, when they last met on April 1, that State’s House of Representatives adopted new rules allowing lawmakers to vote remotely by sending in photos of a ballot to designated managers on the House Floor.” (WFPL). Lawmakers have also altered voting procedures to limit the number of lawmakers on the House floor. Members will vote in groups of 25 and may vote by paper ballot (NCSL).

New Jersey lawmakers made history on March 25 when members of the General Assembly called into a conference line to cast their votes remotely on several bills related to the coronavirus pandemic. NJ lawmakers moved 12 bills that day via remote voting.

On the west coast of the United States, the city council of Kirkland, Washington, recently held its first virtual city council meeting. Many cities and counties in California have also begun holding their meetings via Zoom.

As compiled by the National Council of State Legislatures, states that have changed rules — many just in the past few weeks — to allow full committee action and/or remote voting include: Iowa, Kentucky, Minnesota, New Jersey, North Carolina, Utah, and Vermont. Other states have specifically said they are seriously considering allowing remote action, including New Hampshire, New Mexico, New York, and Wyoming.

EUROPE

In the European Union, Parliament is temporarily allowing remote participation to avoid spreading COVID-19 (Library of Congress). With regard to voting, all members, even those participating in person, will receive a ballot sent by email to their official email address. The ballot, which must contain the name and vote of the MP in a readable form and the MP’s signature, must be returned from their official email address to the committee or plenary services in order to be counted. The ballot must be received in the dedicated official European Parliament mailbox by the time the vote is closed.

In Spain, MPs have been casting votes using the Congress’s intranet system, which has been in place since 2012. Rather than voting in real time, voting is typically open for a two-hour period before the session to vote for the alternative or amendment proposals and for a two-hour period following the session in which the proposals are debated to vote the final text….(More)”.

The digital tools that can keep democracy going during lockdown

Curated on Posted on by Stefaan Verhulst

Rosalyn Old at Nesta: “In the midst of the COVID-19 global pandemic, governments at all levels are having to make decisions to postpone elections and parliamentary sessions, all while working remotely and being under pressure to deliver fast-paced and effective decision-making.

In times of crisis, there can be a tension between the instinct to centralise decision-making for efficiency, sacrificing consultation in the process, and the need to get citizens on board with plans for large-scale changes to everyday life. While such initial reactions are understandable, in the current and next phases we need a different approach – democracy must go on.

Effective use of digital tools can provide a way to keep parliamentary and government processes going in a way that enhances rather than threatens democracy. This is a unique opportunity to experiment with digital methods to address a number of business-as-usual pain points in order to support institutions and citizen engagement in the long term.

Digital tools can help with the spectrum of decision-making

While digital tools can’t give the answers, they can support the practicalities of remote decision-making. Our typology of digital democracy shows how digital tools can be used to harness the wisdom of the crowd in different stages of a process:A typology of digital democracy

A typology of digital democracy

Digital tools can collect information from different sources to provide an overview of the options. To weigh up pros and cons, platforms such as Your Priorities and Consul enable people to contribute arguments. If you need a sense of what is important and to try to find consensus, Pol.is and Loomio may help. To quickly gauge support for different options from stakeholders, platforms such as All Our Ideas enable ranking of a live bank of ideas. If you need to gather questions and needs of citizens, head to platforms like Sli.do or online forms or task management tools like Trello or Asana….(More)”.

Misinformation During a Pandemic

Curated on Posted on by Stefaan Verhulst

Paper by Leonardo Bursztyn et al: “We study the effects of news coverage of the novel coronavirus by the two most widely-viewed cable news shows in the United States – Hannity and Tucker Carlson Tonight, both on Fox News – on viewers’ behavior and downstream health outcomes. Carlson warned viewers about the threat posed by the coronavirus from early February, while Hannity originally dismissed the risks associated with the virus before gradually adjusting his position starting late February. We first validate these differences in content with independent coding of show transcripts. In line with the differences in content, we present novel survey evidence that Hannity’s viewers changed behavior in response to the virus later than other Fox News viewers, while Carlson’s viewers changed behavior earlier. We then turn to the effects on the pandemic itself, examining health outcomes across counties.

First, we document that greater viewership of Hannity relative to Tucker Carlson Tonight is strongly associated with a greater number of COVID-19 cases and deaths in the early stages of the pandemic. The relationship is stable across an expansive set of robustness tests. To better identify the effect of differential viewership of the two shows, we employ a novel instrumental variable strategy exploiting variation in when shows are broadcast in relation to local sunset times. These estimates also show that greater exposure to Hannity relative to Tucker Carlson Tonight is associated with a greater number of county-level cases and deaths. Furthermore, the results suggest that in mid-March, after Hannity’s shift in tone, the diverging trajectories on COVID-19 cases begin to revert. We provide additional evidence consistent with misinformation being an important mechanism driving the effects in the data. While our findings cannot yet speak to long-term effects, they indicate that provision of misinformation in the early stages of a pandemic can have important consequences for how a disease ultimately affects the population….(More)”.

Transparency Deserts

Curated on Posted on by Stefaan Verhulst

Paper by Christina Koningisor: “Few contest the importance of a robust transparency regime in a democratic system of government. In the United States, the “crown jewel” of this regime is the Freedom of Information Act (FOIA). Yet despite widespread agreement about the importance of transparency in government, few are satisfied with FOIA. Since its enactment, the statute has engendered criticism from transparency advocates and critics alike for insufficiently serving the needs of both the public and the government. Legal scholars have widely documented these flaws in the federal public records law.

In contrast, scholars have paid comparatively little attention to transparency laws at the state and local level. This is surprising. The role of state and local government in the everyday lives of citizens has increased in recent decades, and many critical government functions are fulfilled by state and local entities today. Moreover, crucial sectors of the public namely, media and advocacy organizations—rely as heavily on state public records laws as they do on FOIA to hold the government to account. Yet these state laws and their effects remain largely overlooked, creating gaps in both local government law and transparency law scholarship.

This Article attempts to fill these gaps by surveying the state and local transparency regime, focusing on public records laws in particular. Drawing on hundreds of public records datasets, along with qualitative interviews, the Article demonstrates that in contrast with federal law, state transparency law introduces comparatively greater barriers to disclosure and comparatively higher burdens upon government. Further, the Article highlights the existence of “transparency deserts,” or localities in which a combination of poorly drafted transparency laws, hostile government actors, and weak local media and civil society impedes effective public oversight of government.

The Article serves as a corrective to the scholarship’s current, myopic focus on federal transparency law…(More)”.

Accuracy nudge’ could curtail COVID-19 misinformation online

Curated on Posted on by Stefaan Verhulst

MIT Sloan: “On February 19 in the Ukrainian town of Novi Sanzhary, alarm went up regarding the new coronavirus and COVID-19, the disease it causes. “50 infected people from China are being brought to our sanitarium,” began a widely read post on the messaging app Viber. “We can’t afford to let them destroy our population, we must prevent countless deaths. People, rise up. We all have children!!!”

Soon after came another message: “if we sleep this night, then we will wake up dead.”

Citizens mobilized. Roads were barricaded. Tensions escalated. Riots broke out, ultimately injuring nine police officers and leading to the arrests of 24 people. Later, word emerged that the news was false.

As the director-general of the World Health Organization recently put it, “we’re not just fighting an epidemic; we’re fighting an infodemic.”

Now a new study suggests that an “accuracy nudge” from social media networks could curtail the spread of misinformation about COVID-19. The working paper, from researchers at MIT Sloan and the University of Regina, examines how and why misinformation about COVID-19 spreads on social media. The researchers also examine a simple intervention that could slow this spread. (The paper builds on prior work about how misinformation diffuses online.)…(More)”.

Researchers Develop Faster Way to Replace Bad Data With Accurate Information

Curated on Posted on by Stefaan Verhulst

NCSU Press Release: “Researchers from North Carolina State University and the Army Research Office have demonstrated a new model of how competing pieces of information spread in online social networks and the Internet of Things (IoT). The findings could be used to disseminate accurate information more quickly, displacing false information about anything from computer security to public health….

In their paper, the researchers show that a network’s size plays a significant role in how quickly “good” information can displace “bad” information. However, a large network is not necessarily better or worse than a small one. Instead, the speed at which good data travels is primarily affected by the network’s structure.

A highly interconnected network can disseminate new data very quickly. And the larger the network, the faster the new data will travel.

However, in networks that are connected primarily by a limited number of key nodes, those nodes serve as bottlenecks. As a result, the larger this type of network is, the slower the new data will travel.

The researchers also identified an algorithm that can be used to assess which point in a network would allow you to spread new data throughout the network most quickly.

“Practically speaking, this could be used to ensure that an IoT network purges old data as quickly as possible and is operating with new, accurate data,” Wenye Wang says.

“But these findings are also applicable to online social networks, and could be used to facilitate the spread of accurate information regarding subjects that affect the public,” says Jie Wang. “For example, we think it could be used to combat misinformation online.”…(More)”

Full paper: “Modeling and Analysis of Conflicting Information Propagation in a Finite Time Horizon,”

The Fate of the News in the Age of the Coronavirus

Curated on Posted on by Stefaan Verhulst

Michael Luo at the New Yorker: “The shift to paywalls has been a boon for quality journalism. Instead of chasing trends on search engines and social media, subscription-based publications can focus on producing journalism worth paying for, which has meant investments in original reporting of all kinds. A small club of élite publications has now found a sustainable way to support its journalism, through readers instead of advertisers. The Times and the Post, in particular, have thrived in the Trump era. So have subscription-driven startups, such as The Information, which covers the tech industry and charges three hundred and ninety-nine dollars a year. Meanwhile, many of the free-to-read outlets still dependent on ad revenue—including former darlings of the digital-media revolution, such as BuzzFeed, Vice, HuffPost, Mic, Mashable, and the titles under Vox Media—have labored to find viable business models.

Many of these companies attracted hundreds of millions of dollars in venture funding, and built sizable newsrooms. Even so, they’ve struggled to succeed as businesses, in part because Google and Facebook take in the bulk of the revenue derived from digital advertising. Some sites have been forced to shutter; others have slashed their staffs and scaled back their journalistic ambitions. There are free digital news sites that continue to attract outsized audiences: CNN and Fox News, for instance, each draw well over a hundred million visitors a month. But the news on these sites tends to be commodified. Velocity is the priority, not complexity and depth.

A robust, independent press is widely understood to be an essential part of a functioning democracy. It helps keep citizens informed; it also serves as a bulwark against the rumors, half-truths, and propaganda that are rife on digital platforms. It’s a problem, therefore, when the majority of the highest-quality journalism is behind a paywall. In recent weeks, recognizing the value of timely, fact-based news during a pandemic, the Times, The Atlantic, the Wall Street Journal, the Washington Post, and other publications—including The New Yorker—have lowered their paywalls for portions of their coronavirus coverage. But it’s unclear how long publishers will stay committed to keeping their paywalls down, as the state of emergency stretches on. The coronavirus crisis promises to engulf every aspect of society, leading to widespread economic dislocations and social disruptions that will test our political processes and institutions in ways far beyond the immediate public-health threat. With the misinformation emanating from the Trump White House, the need for reliable, widely-accessible information and facts is more urgent than ever. Yet the economic shutdown created by the spread of covid-19 promises to decimate advertising revenue, which could doom more digital news outlets and local newspapers.

It’s easy to underestimate the information imbalance in American society. After all, “information” has never felt more easily available. A few keyboard strokes on an Internet search engine instantly connects us to unlimited digital content. On Facebook, Instagram, and other social-media platforms, people who might not be intentionally looking for news encounter it, anyway. And yet the apparent ubiquity of news and information is misleading. Between 2004 and 2018, nearly one in five American newspapers closed; in that time, print newsrooms have shed nearly half of their employees. Digital-native publishers employ just a fraction of the diminished number of journalists who still remain at legacy outlets, and employment in broadcast-TV newsrooms trails that of newspapers. On some level, news is a product manufactured by journalists. Fewer journalists means less news. The tributaries that feed the river of information have been drying up. There are a few mountain springs of quality journalism; most sit behind a paywall.

A report released last year by the Reuters Institute for the Study of Journalism maps the divide that is emerging among news readers. The proportion of people in the United States who pay for online news remains small: just sixteen per cent. Those readers tend to be wealthier, and are more likely to have college degrees; they are also significantly more likely to find news trustworthy. Disparities in the level of trust that people have in their news diets, the data suggests, are likely driven by the quality of the news they are consuming….(More)”.

The Law and Economics of Online Republication

Curated on Posted on by Stefaan Verhulst

Paper by Ronen Perry: “Jerry publishes unlawful content about Newman on Facebook, Elaine shares Jerry’s post, the share automatically turns into a tweet because her Facebook and Twitter accounts are linked, and George immediately retweets it. Should Elaine and George be liable for these republications? The question is neither theoretical nor idiosyncratic. On occasion, it reaches the headlines, as when Jennifer Lawrence’s representatives announced she would sue every person involved in the dissemination, through various online platforms, of her illegally obtained nude pictures. Yet this is only the tip of the iceberg. Numerous potentially offensive items are reposted daily, their exposure expands in widening circles, and they sometimes “go viral.”

This Article is the first to provide a law and economics analysis of the question of liability for online republication. Its main thesis is that liability for republication generates a specter of multiple defendants which might dilute the originator’s liability and undermine its deterrent effect. The Article concludes that, subject to several exceptions and methodological caveats, only the originator should be liable. This seems to be the American rule, as enunciated in Batzel v. Smith and Barrett v. Rosenthal. It stands in stark contrast to the prevalent rules in other Western jurisdictions and has been challenged by scholars on various grounds since its very inception.

The Article unfolds in three Parts. Part I presents the legal framework. It first discusses the rules applicable to republication of self-created content, focusing on the emergence of the single publication rule and its natural extension to online republication. It then turns to republication of third-party content. American law makes a clear-cut distinction between offline republication which gives rise to a new cause of action against the republisher (subject to a few limited exceptions), and online republication which enjoys an almost absolute immunity under § 230 of the Communications Decency Act. Other Western jurisdictions employ more generous republisher liability regimes, which usually require endorsement, a knowing expansion of exposure or repetition.

Part II offers an economic justification for the American model. Law and economics literature has showed that attributing liability for constant indivisible harm to multiple injurers, where each could have single-handedly prevented that harm (“alternative care” settings), leads to dilution of liability. Online republication scenarios often involve multiple tortfeasors. However, they differ from previously analyzed phenomena because they are not alternative care situations, and because the harm—increased by the conduct of each tortfeasor—is not constant and indivisible. Part II argues that neither feature precludes the dilution argument. It explains that the impact of the multiplicity of injurers in the online republication context on liability and deterrence provides a general justification for the American rule. This rule’s relatively low administrative costs afford additional support.

Part III considers the possible limits of the theoretical argument. It maintains that exceptions to the exclusive originator liability rule should be recognized when the originator is unidentifiable or judgment-proof, and when either the republisher’s identity or the republication’s audience was unforeseeable. It also explains that the rule does not preclude liability for positive endorsement with a substantial addition, which constitutes a new original publication, or for the dissemination of illegally obtained content, which is an independent wrong. Lastly, Part III addresses possible challenges to the main argument’s underlying assumptions, namely that liability dilution is a real risk and that it is undesirable….(More)”.

The world after coronavirus

Curated on Posted on by Stefaan Verhulst

Yuval Noah Harari at the Financial Times: “Humankind is now facing a global crisis. Perhaps the biggest crisis of our generation. The decisions people and governments take in the next few weeks will probably shape the world for years to come. They will shape not just our healthcare systems but also our economy, politics and culture. We must act quickly and decisively. We should also take into account the long-term consequences of our actions.

When choosing between alternatives, we should ask ourselves not only how to overcome the immediate threat, but also what kind of world we will inhabit once the storm passes. Yes, the storm will pass, humankind will survive, most of us will still be alive — but we will inhabit a different world.  Many short-term emergency measures will become a fixture of life. That is the nature of emergencies. They fast-forward historical processes.

Decisions that in normal times could take years of deliberation are passed in a matter of hours. Immature and even dangerous technologies are pressed into service, because the risks of doing nothing are bigger. Entire countries serve as guinea-pigs in large-scale social experiments. What happens when everybody works from home and communicates only at a distance? What happens when entire schools and universities go online? In normal times, governments, businesses and educational boards would never agree to conduct such experiments. But these aren’t normal times. 

In this time of crisis, we face two particularly important choices. The first is between totalitarian surveillance and citizen empowerment. The second is between nationalist isolation and global solidarity. 

Under-the-skin surveillance

In order to stop the epidemic, entire populations need to comply with certain guidelines. There are two main ways of achieving this. One method is for the government to monitor people, and punish those who break the rules. Today, for the first time in human history, technology makes it possible to monitor everyone all the time. Fifty years ago, the KGB couldn’t follow 240m Soviet citizens 24 hours a day, nor could the KGB hope to effectively process all the information gathered. The KGB relied on human agents and analysts, and it just couldn’t place a human agent to follow every citizen. But now governments can rely on ubiquitous sensors and powerful algorithms instead of flesh-and-blood spooks. 

In their battle against the coronavirus epidemic several governments have already deployed the new surveillance tools. The most notable case is China. By closely monitoring people’s smartphones, making use of hundreds of millions of face-recognising cameras, and obliging people to check and report their body temperature and medical condition, the Chinese authorities can not only quickly identify suspected coronavirus carriers, but also track their movements and identify anyone they came into contact with. A range of mobile apps warn citizens about their proximity to infected patients…

If I could track my own medical condition 24 hours a day, I would learn not only whether I have become a health hazard to other people, but also which habits contribute to my health. And if I could access and analyse reliable statistics on the spread of coronavirus, I would be able to judge whether the government is telling me the truth and whether it is adopting the right policies to combat the epidemic. Whenever people talk about surveillance, remember that the same surveillance technology can usually be used not only by governments to monitor individuals — but also by individuals to monitor governments. 

The coronavirus epidemic is thus a major test of citizenship….(More)”.

Big Data and Democracy

Curated on Posted on by Stefaan Verhulst

Paper by Freek van Gils, Wieland Müller and Jens Prufer: “Recent technological developments have raised concerns about threats to democracy because of their potential to distort election outcomes: (a) data-driven voter research enabling political microtargeting, and (b) growing news consumption via social media and news aggregators that obfuscate the origin of news items, leading to voters’ unawareness about a news sender’s identity. We provide a theoretical framework in which we can analyze the effects that microtargeting by political interest groups and unawareness have on election outcomes in comparison to \conventional” news reporting. We show which voter groups suffer from which technological development, (a) or (b). While both microtargeting and unawareness have negative effects on voter welfare, we show that only unawareness can flip an election. Our model framework allows the theory-based discussion of policy proposals, such as to ban microtargeting or to require news platforms to signal the political orientation of a news item’s originator…(More)”.