How Software is Eating the World and Reprogramming Democracy


Jaime Gómez Ramírez at Open Mind: “Democracy, the government of the majority typically through elected representatives, is undergoing a major crisis. Human societies have experimented with democracy since at least the fifth century BC in the polis of Athens. Whether democracy is scalable is an open question that could help understand the current mistrust in democratic institutions and the rise of populism. The majority rule is a powerful narrative that is fed every few years with elections. In Against elections, the cultural historian Van Reybrouck claims that elections were never meant to make democracy possible, rather the opposite, it was a tool designed for those in power to prevent “the rule of the mob”. Elections created a new elite and power remained in the hands of a minority, but this time endowed with democratic legitimacy….

The 2008 financial crisis have changed the perception of, the once taken for granted, complementary nature of democracy and capitalism. The belief that capitalism and democracy go hand by hand is not credible anymore. The concept of nation is a fiction in need of a continuous stock of intergenerational believers. The nation state successfully assimilated heterogeneous groups of people under a common language and shared cultural values. But this seems today a rather fragile foundation to resist the centrifugal forces that financial capitalism impinges upon the social fabric.

Nation states will not collapse over night, but they are an industrial era device in a digital world. To do not fall into obsolescence they will need to change their operative system. Since the venture capitalist Marc Andreessen coined the phrase “software is eating the world” the logic of financial capitalism has accelerated this trend. Five software companies: Facebook, Apple, Amazon, Netflix and Google parent Alphabet (FANG) equal more than 10 per cent percent of the S&P 500 cap. Todays dominant industries in entertainment, retail, telecom, marketing companies and others are software companies. Software is also taking a bigger share in industries that traditionally exist in the physical space like automakers and energy. Education and health care have shown more resistance to software-based entrepreneurial change but a very profound transformation is underway. This is already visible with the growing popularity of MOOCs and personalized health monitoring systems.

Software-based business not only have up trending market share but more importantly, software can reprogram the world. The internet of things will allow to have full connectivity of smart devices in an economy with massive deflationary costs in computing. Computing might even become free. This has profound consequences for business, industry and most importantly, for how citizens want to organize society and governance.

The most promising technological innovation in years is the blockchain technology, an encrypted and distributed ledger system. Blockchain is an universal and freely accessible repository of documents including property and insurance contracts, publicly auditable, and resistant to special group interests manipulation and corruption. New kinds of governance models and services could be tested and implemented using the blockchain. The time is ripe for fundamental software-based transformation in governance. Democracy and free society will ignore this at its own peril…(More)”.

The world watches Reykjavik’s digital democracy experiment


Joshua Jacobs at the Financial Times: “When Iceland’s banks collapsed and mistrust of politicians soared during the 2008 financial crisis, two programmers thought software could help salvage the country’s democracy. They created Your Priorities, a platform that allows citizens to suggest laws, policies and budget measures, which can then be voted up or down by other users. “

We thought: If we manage somehow to connect regular citizens with government then we create a dialogue that will ultimately result in better decisions,” says Robert Bjarnason, chief executive of Citizens Foundation, the company that created Your Priorities. Mr Bjarnason and his fellow co-founder of Citizens Foundation, Gunnar Grimsson, used the software to create a policy website called Better Reykjavik just before the city’s 2010 elections.

Jon Gnarr, Reykjavik’s then mayor, encouraged people to use the platform to give him policy suggestions and he committed to funding the top 10 ideas each month. Seven years on, Better Reykjavik has some 20,000 users and 769 of their ideas have been approved by the city council. These include increasing financial support for the city’s homeless, converting a former power station into a youth centre, introducing gender-neutral toilets and naming a street after Darth Vader, the character from Star Wars.

Your Priorities has also been tested in other countries, including Estonia, Australia, Scotland, Wales, Norway and Malta. In Estonia, seven proposals have become law, including one limiting donations from companies to political parties and another that requires the national parliament to debate any proposal with more than 1,000 votes.

The software is part of a global trend for people to seek more influence over their politicians. In Australia, for example, the MiVote app allows people to vote on issues being debated in parliament.

…At times, the portal can become a “crazy sounding board” Mr Svansson concedes. The Reykjavik council has put in quality controls to filter out hare-brained proposals, although Mr Bjarnason says he has had to remove inappropriate content only a handful of times….During Iceland’s parliamentary elections last month, 10 out of 11 political parties published their election pitches on Your Priorities, allowing voters to comment on policies and propose new ones. This interactive manifesto website attracted 22,000 visitors.

Testing the efficacy of platforms such as Your Priorities is perhaps easier in Reykjavik — population 123,000 — than in larger cities. Even so, integrating the site into the council’s policymaking apparatus has been slower than Mr Bjarnason had foreseen. “Everything takes a long time and sometimes it is like you are swimming in syrup,” he says. “Still, it has been a really good experience working with the city.”…(More).

Use of the websites of parliaments to promote citizen deliberation in the process of public decision-making. Comparative study of ten countries


Santiago Giraldo Luquet in Communications and Society: “This study develops a longitudinal research (2010-2015) on 10 countries – 5 European countries (France, United Kingdom, Sweden, Italy and Spain) and 5 American countries (Argentina, Ecuador, Chile, Colombia and the USA). The aim is to compare how the parliaments use its official websites in order to promote the political participation process in the citizenship. The study focuses on the deliberation axe (Macintosh, 2004, Hagen, 2000, Vedel, 2003, 2007) and in the way that representative institutions define a digital strategy to create an online public sphere.

Starting with the recognition of Web 2.0 as a debate sphere and as a place of reconfiguration of the traditional –and utopian- Greek Agora, the study adopts the ‘deliberate’ political action axe to evaluate, qualitatively and quantitatively -using a content analysis methodology- the use of the Web 2.0 tools made by the legislative bodies of the analysed countries. The article shows how, which and what parliaments use Web 2.0 tools – integrated in their web page – as a scenario that allows deliberation at the different legislative processes that integrate the examined political systems. Finally, the comparative results show the main differences and similarities between the countries, as well as a tendency to reduce deliberation tools offering by representative institutions in the countries sampled…(More)”.

Deep Mind – Deep Reform


Matthew Taylor at the RSA: “The core characteristics of modern Western societies are market-based economies, relatively extensive welfare systems and the rule of law presided over by representative democracy. All three of these elements have been subject to sustained critique in recent years….

Like capitalism, democracy, both in principle and practice, has always had its critics. But, again, a number of current factors have combined to increase the volume. Democratic institutions and the politicians who occupy them have become even less trusted and more unpopular than usual, something reflecting both the failure of leadership and policy and a succession of exposes of misbehaviour. Democracies have also generated outcomes – particularly Trump and Brexit – which seem to go beyond the normal swings of party politics into acts of collective self-harm. Finally, the economic performance and comparative effectiveness of Chinese leadership and the capacity of Putin’s Russia to get away with aggression, dishonesty and sabotage has led more people to question whether representative democracy really is the most resilient basis for either political authority or social progress in the 21st century.

This state of disenchantment could be merely unhappy but it is in reality potentially catastrophic. Because, despite all the negativity we direct at the way things are there is as yet in countries like ours no viable or popular alternative to the persistence of these systems in their current form. To coin a phrase ’democracy, welfare state and financialised capitalism; can’t live with them, can’t live without them’. The question then is how do we radically renew the dominant systems of the Western world before their failures and our disillusionment drives us into making even more profound mistakes than the ones we and our leaders have already committed?

4 ways of coordinating human activity

The starting point is surely to think more deeply about this system as a whole. I have written before about an approach which views societies, and systems within those societies, through the prism of three active, and one more passive, ways of coordinating all human activity. The active forms are the hierarchical, the solidaristic and the individualistic. Each of these forms of coordination is complex and ubiquitous and each is reflected in everything from our day to day choices to political ideologies and organisational forms.

In modern societies the primary hierarchical institution is the state. Individualism – albeit a partial form – is most powerfully expressed in the dynamism of market. While solidarity, which is more internally divergent in form, tends to be gauged by reference to social justice, on the one hand, and a shared sense of identity and belonging on the other. Right now we are experiencing a crisis of confidence and legitimacy in all three domains. One sign of this is that the fourth major way of thinking about social change – fatalism – has become ever stronger.

Before exploring responses to our plight it is important to note two important lessons from history. First, when liberal democracies get all three active forms of coordination working together they can achieve major advances in human welfare. This was, for example, the case during the decades of the post war miracle when economic growth and living standards rose, welfare expanded, inequality fell and the state was more confident and trusted. In general, Scandinavian countries have managed to achieve a better balance which is why they nearly always come out top of surveys on social outcomes and citizen wellbeing.

The second lesson is that these periods of healthy balance between state, market and society are the exception not the rule. Thomas Piketty has provided strong evidence that differential returns to labour and capital drive rising inequality which eventually leads to social conflict. Historian Walter Scheidel goes further, arguing that the trend to rising inequality in all societies has only ever been broken by plague, war or bloody revolution.

Politicians and campaigners tend to focus on just one dimension of the system-wide loss of confidence choosing business as their target or the state or, more abstractly, individualism or liberalism. But it is the social system as a whole that needs renewal.

This argument is illustrated by the hard case of technology, the subject of a fascinating and brave lecture at the RSA by Deep Mind’s Mustafa Suleyman. …(More)”.

Democracy is dead: long live democracy!


Helen Margetts in OpenDemocracy: “In the course of the World Forum for Democracy 2017, and in political commentary more generally, social media are blamed for almost everything that is wrong with democracy. They are held responsible for pollution of the democratic environment through fake news, junk science, computational propaganda and aggressive micro-targeting. In turn, these phenomena have been blamed for the rise of populism, political polarization, far-right extremism and radicalisation, waves of hate against women and minorities, post-truth, the end of representative democracy, fake democracy and ultimately, the death of democracy. It feels like the tirade of relatives of the deceased at the trial of the murderer. It is extraordinary how much of this litany is taken almost as given, the most gloomy prognoses as certain visions of the future.

Yet actually we know rather little about the relationship between social media and democracy. Because ten years of the internet and social media have challenged everything we thought we knew.  They have injected volatility and instability into political systems, bringing a continual cast of unpredictable events. They bring into question normative models of democracy – by which we might understand the macro-level shifts at work  – seeming to make possible the highest hopes and worst fears of republicanism and pluralism.

They have transformed the ecology of interest groups and mobilizations. They have challenged élites and ruling institutions, bringing regulatory decay and policy sclerosis. They create undercurrents of political life that burst to the surface in seemingly random ways, making fools of opinion polls and pollsters. And although the platforms themselves generate new sources of real-time transactional data that might be used to understand and shape this changed environment, most of this data is proprietary and inaccessible to researchers, meaning that the revolution in big data and data science has passed by democracy research.

What do we know? The value of tiny acts

Certainly digital media are entwined with every democratic institution and the daily lives of citizens. When deciding whether to vote, to support, to campaign, to demonstrate, to complain – digital media are with us at every step, shaping our information environment and extending our social networks by creating hundreds or thousands of ‘weak ties’, particularly for users of social media platforms such as Facebook or Instagram….(More)”.

When Data Science Destabilizes Democracy and Facilitates Genocide


Rachel Thomas in Fast.AI onWhat is the ethical responsibility of data scientists?”…What we’re talking about is a cataclysmic change… What we’re talking about is a major foreign power with sophistication and ability to involve themselves in a presidential election and sow conflict and discontent all over this country… You bear this responsibility. You’ve created these platforms. And now they are being misusedSenator Feinstein said this week in a senate hearing. Who has created a cataclysmic change? Who bears this large responsibility? She was talking to executives at tech companies and referring to the work of data scientists.

Data science can have a devastating impact on our world, as illustrated by inflammatory Russian propaganda being shown on Facebook to 126 million Americans leading up to the 2016 election (and the subject of the senate hearing described above) or by lies spread via Facebook that are fueling ethnic cleansing in Myanmar. Over half a million Rohinyga have been driven from their homes due to systematic murder, rape, and burning. Data science is foundational to Facebook’s newsfeed, in determining what content is prioritized and who sees what….

The examples of bias in data science are myriad and include:

You can do awesome and meaningful things with data science (such as diagnosing cancer, stopping deforestation, increasing farm yields, and helping patients with Parkinson’s disease), and you can (often unintentionally) enable terrible things with data science, as the examples in this post illustrate. Being a data scientist entails both great opportunity, as well as great responsibility, to use our skills to not make the world a worse place. Ultimately, doing data science is about humans, not just the users of our products, but everyone who will be impacted by our work. (More)”.

The Challenge of VR to the Liberal Democratic Order


Paper by Edward Castronova: “The rapid expansion of virtual reality (VR) technology in the years 2016-2021 awakens a significant constitutional issue. In a liberal democratic order, rule is by consent of the governed. In the medium-term future, many of the governed will be immersed fully within VR environments, environments which, we are told, will provide entertainment of extraordinary power. These people will be happy. Happy people do not demand change. Yet there surely will be a change as VR takes hold: The quality of life will erode. People fully immersed in VR will come to be isolated, sedentary, and unhealthy. Objectively speaking, this is nothing to be desired. Subjectively, however, it will seem to be wonderful. The people themselves will be happy, and they will resist interference. At the moment this matter concerns only a few thousand nerds, but trends in technology and entertainment point to a future in which many people will be happily living awful, VR-dominated lives. How then will the liberal democratic order promote human well-being while remaining a liberal and democratic order?…(More)”

plainlanguage.gov


plainlanguage.gov:The Plain Language Action and Information Network (PLAIN) is a group of federal employees from different agencies and specialties who support the use of clear communication in government writing. Originally called the Plain English Network, PLAIN has been meeting informally since the mid 1990s.

Our goal is to promote the use of plain language for all government communications. We believe that using plain language will save federal agencies time and money and provide better service to the American public.

To promote plain language, we:

Manipulating Social Media to Undermine Democracy


Freedom of the Net 2017 Report by the Freedom House: “Governments around the world have dramatically increased their efforts to manipulate information on social media over the past year. The Chinese and Russianregimes pioneered the use of surreptitious methods to distort online discussions and suppress dissent more than a decade ago, but the practice has since gone global. Such state-led interventions present a major threat to the notion of the internet as a liberating technology.

Online content manipulation contributed to a seventh consecutive year of overall decline in internet freedom, along with a rise in disruptions to mobile internet service and increases in physical and technical attacks on human rights defenders and independent media.

Nearly half of the 65 countries assessed in Freedom on the Net 2017 experienced declines during the coverage period, while just 13 made gains, most of them minor. Less than one-quarter of users reside in countries where the internet is designated Free, meaning there are no major obstacles to access, onerous restrictions on content, or serious violations of user rights in the form of unchecked surveillance or unjust repercussions for legitimate speech.

The use of “fake news,” automated “bot” accounts, and other manipulation methods gained particular attention in the United States. While the country’s online environment remained generally free, it was troubled by a proliferation of fabricated news articles, divisive partisan vitriol, and aggressive harassment of many journalists, both during and after the presidential election campaign.

Russia’s online efforts to influence the American election have been well documented, but the United States was hardly alone in this respect. Manipulation and disinformation tactics played an important role in elections in at least 17 other countries over the past year, damaging citizens’ ability to choose their leaders based on factual news and authentic debate. Although some governments sought to support their interests and expand their influence abroad—as with Russia’s disinformation campaigns in the United States and Europe—in most cases they used these methods inside their own borders to maintain their hold on power.

Venezuela, the Philippines, and Turkey were among 30 countries where governments were found to employ armies of “opinion shapers” to spread government views, drive particular agendas, and counter government critics on social media. The number of governments attempting to control online discussions in this manner has risen each year since Freedom House began systematically tracking the phenomenon in 2009. But over the last few years, the practice has become significantly more widespread and technically sophisticated, with bots, propaganda producers, and fake news outlets exploiting social media and search algorithms to ensure high visibility and seamless integration with trusted content.

Unlike more direct methods of censorship, such as website blocking or arrests for internet activity, online content manipulation is difficult to detect. It is also more difficult to combat, given its dispersed nature and the sheer number of people and bots employed for this purpose… (More)”.

Selected Readings on CrowdLaw


By Beth Simone Noveck and Gabriella Capone

The Living Library’s Selected Readings series seeks to build a knowledge base on innovative approaches for improving the effectiveness and legitimacy of governance. This curated and annotated collection of recommended works on the topic of CrowdLaw was published in 2018, and most recently updated on February 13, 2019.

Introduction

The public is beginning to demand — and governments are beginning to provide — new opportunities for the engagement of citizens on an ongoing basis as collaborators in public problem-solving rather than merely as voters. Nowhere is the explosion in citizen participation accelerating more than in the context of lawmaking, where legislators and regulators are turning to new technology to solicit both public opinion and know-how to improve the legitimacy and effectiveness of the legislative process.

Such participatory lawmaking, known as crowdlaw (also, CrowdLaw), is a tech-enabled approach for the collaborative drafting of legislation, policies or constitutions between governments and citizens. CrowdLaw is an alternative to the traditional method of lawmaking, which is typically done by the political elite — politicians, bureaucrats, and staff — working in legislatures behind closed doors, with little input from the people affected. Instead, this new form of inclusive lawmaking opens the legislative function of government to a broader array of actors.

From Brazil to Iceland to Libya, there is an explosion in new collaborative lawmaking experiments. Despite the growing movement, the field of participatory lawmaking requires further research and experimentation. Given the traditionally deep distrust of groups expressed in the social psychology literature on groupthink, which condemns the presumed tendency of groups to drift to extreme positions, it is not self-evident that crowdlaw practices are better and should be institutionalized. Also, depending on its design, crowdlaw has the potential to accomplish different normative goals, which are often viewed as being at odds, including: improving democratic legitimacy by giving more people a voice in the process, or creating better quality legislation by introducing greater expertise. There is a need to study crowdlaw practices and assess their impact.

To complement our evolving theoretical and empirical research on and case studies of crowdlaw, we have compiled these selected readings on public engagement in lawmaking and policymaking. For reasons of space, we do not include readings on citizen engagement or crowdsourcing and open innovation generally (see GovLab’s Selected Readings on Crowdsourcing Opinions and Ideas) but focus, instead, on engagement in these specific institutional contexts.

We invite you to visit Crowd.Law for additional resources, as well as:

CrowdLaw Design Recommendations

CrowdLaw Twitter List

CrowLaw Unconferences:

Annotated Readings

Aitamurto, Tanja – Collective Intelligence in Law Reforms: When the Logic of the Crowds and the Logic of Policymaking Collide (Paper, 10 pages, 2016)

  • This paper explores the risks of crowdsourcing for policymaking and the challenges that arise as a result of a severe conflict between the logics of the crowds and the logics of policymaking. Furthermore, he highlights the differences between traditional policymaking, which is done by a small group of experts, and crowdsourced policymaking, which utilizes a large, anonymous crowd with mixed levels of expertise.
  • “By drawing on data from a crowdsourced law-making process in Finland, the paper shows how the logics of the crowds and policymaking collide in practice,” and thus how this conflict prevents governments from gathering valuable insights from the crowd’s input. Poblet then addresses how to resolve this conflict and further overcome these challenges.

Atlee, Tom – vTaiwan (Blog series, 5 parts, 2018)

  • In this five-part blog series, Atlee describes in detail Taiwan’s citizen engagement platform vTaiwan and his takeaways after several months of research.
  • In order to cover what he deems “an inspiring beginning of a potentially profound evolutionary shift in all aspects of our collective governance,” Atlee divides his findings into the following sections:
    • The first post includes a quick introduction and overview of the platform.
    • The second delves deeper into its origins, process, and mechanics.
    • The third describes two real actions completed by vTaiwan and its associated g0v community.
    • The fourth provides a long list of useful sources discovered by Atlee.
    • The fifth and final post offers a high-level examination of vTaiwan and makes comments to provide lessons for other governments.

Capone, Gabriella and Beth Simone Noveck – “CrowdLaw”: Online Public Participation in Lawmaking, (Report, 71 pages, 2017)

  • Capone and Noveck provide recommendations for the thoughtful design of crowdlaw initiatives, a model legislative framework for institutionalizing legislative participation, and a summary of 25 citizen engagement case studies from around the world — all in an effort to acknowledge and promote best crowdlaw practices. The report, written to inform the public engagement strategy of the Autonomous Community of Madrid, can apply to crowdlaw initiatives across different contexts and jurisdictions.
  • CrowdLaw advocates for engagement opportunities that go beyond citizens suggesting ideas, and inviting integration of participation throughout the legislative life-cycle — from agenda-setting to evaluation of implemented legislation. Additionally, Capone and Noveck highlight the importance of engaging with the recipient public institutions to ensure that participatory actions are useful and desired. Finally, they lay out a research and experimentation agenda for crowdlaw, noting that the increased data capture and sharing, as well as the creation of empirical standards for evaluating initiatives, are integral to the progress and promise of crowdlaw.
  • The 25 case studies are organized by a six-part taxonomy of: (1) the participatory task requested, (2) the methods employed by the process, (3) the stages of the legislative process, (4) the platforms used, from mobile to in-person meetings, (5) the institutionalization or degree of legal formalization of the initiative, and (6) the mechanisms and metrics for ongoing evaluation of the initiative

Faria, Cristiano Ferri Soares de – The open parliament in the age of the internet: can the people now collaborate with legislatures in lawmaking? (Book, 352 pages, 2013)

  • Faria explores the concept of participatory parliaments, and how participatory and deliberative democracy can complement existing systems of representative democracy. Currently the first and only full-length book surveying citizen engagement in lawmaking.
  • As the World Bank’s Tiago Peixoto writes: “This is a text that brings the reader into contact with the main theories and arguments relating to issues of transparency, participation, actors’ strategies, and processes of institutional and technological innovation. […] Cristiano Faria captures the state of the art in electronic democracy experiences in the legislative at the beginning of the 21st century.”
  • Chapters 4 and 5, deep dive into two case studies: the Chilean Senate’s Virtual Senator project, and the Brazilian House of Representatives e-Democracy project.

Johns, Melissa, and Valentina Saltane (World Bank Global Indicators Group) – Citizen Engagement in Rulemaking: Evidence on Regulatory Practices in 185 Countries (Report, 45 pages, 2016)

  • This report “presents a new database of indicators measuring the extent to which rulemaking processes are transparent and participatory across 185 countries. […] [It] presents a nses ew global data set on citizen engagement in rulemaking and provides detailed descriptive statistics for the indicators. The paper then provides preliminary analysis on how the level of citizen engagement correlates with other social and economic outcomes. To support this analysis, we developed a composite citizen engagement in rulemaking score around the publication of proposed regulations, consultation on their content and the use of regulatory impact assessments.”
  • The authors outline the global landscape of regulatory processes and the extent to which citizens are kept privy to regulatory happenings and/or able to participate in them.
  • Findings include that: “30 of the sampled economies regulators voluntarily publish proposed regulations despite having no formal requirement to do so” and that, “In 98 of the 185 countries surveyed for this paper, ministries and regulatory agencies do not conduct impact assessments of proposed regulations.” Also: “High-income countries tend to perform well on the citizen engagement in rulemaking score.”

Noveck, Beth Simone – The Electronic Revolution in Rulemaking (Journal article, 90 pages, 2004)

  • Noveck addresses the need for the design of effective practices, beyond the legal procedure that enables participation, in order to fully institutionalize the right to participate in e-rulemaking processes. At the time of writing, e-rulemaking practices failed to “do democracy,” which requires building a community of practice and taking advantage of enabling technology. The work, which focuses on public participation in informal rulemaking processes, explores “how the use of technology in rulemaking can promote more collaborative, less hierarchical, and more sustained forms of participation — in effect, myriad policy juries — where groups deliberate together.”
  • Noveck looks to reorient on the improvement of participatory practices that exploit new technologies: a design-centered approach as opposed a critique the shortcomings of participation. Technology can be a critical tool in promoting meaningful, deliberative engagement among citizens and government. With this, participation is to be not a procedural right, but a set of technologically-enabled practices enabled by government.

Peña-López, Ismael – decidim.barcelona, Spain. Voice or chatter? Case studies (Report, 54 pages, 2017)

  • Peña-López analyzes the origins and impact of the opensource decidim.barcelona platform, a component of the city’s broader movement towards participatory democracy. The case is divided into “the institutionalization of the ethos of the 15M Spanish Indignados movement, the context building up to the decidim.barcelona initiative,” and then reviews “its design and philosophy […] in greater detail. […] In the final section, the results of the project are analyzed and the shifts of the initiative in meaning, norms and power, both from the government and the citizen end are discussed.”
  • A main finding includes that “decidim.barcelona has increased the amount of information in the hands of the citizens, and gathered more citizens around key issues. There has been an increase in participation, with many citizen created proposals being widely supported, legitimated and accepted to be part of the municipality strategic plan. As pluralism has been enhanced without damaging the existing social capital, we can only think that the increase of participation has led to an improvement of democratic processes, especially in bolstering legitimacy around decision making.”

Simon, Julie, Theo Bass, Victoria Boelman, and Geoff Mulgan (Nesta) – Digital Democracy: The Tools Transforming Political Engagement (Report, 100 pages, 2017)

  • Reviews the origins, implementation, and outcomes of 13 case studies representing the best in digital democracy practices that are consistently reviewed. The report then provides six key themes that underpin a “good digital democracy process.” Particularly instructive are the interviews with actors in each of the different projects, and their accounts of what contributed to their project’s successes or failures. The Nesta team also provides insightful analysis as to what contributed to the relative success or failure of the initiatives.

Suteu, Silvia – Constitutional Conventions in the Digital Era: Lessons from Iceland and Ireland (Journal article, 26 pages, 2015)

  • This piece from the Boston College International & Comparative Law Review “assesses whether the novelty in the means used in modern constitution-making translates further into novelty at a more substantive level, namely, in the quality of the constitution-making process and legitimacy of the end product. Additionally, this Essay analyzes standards of direct democratic engagements, which adequately fit these new developments, with a focus on the cases of Iceland and Ireland.”
  • It provides four motivations for focusing on constitution-making processes:
    • legitimacy: a good process can create a model for future political interactions,
    • the correlation between participatory constitution-making and the increased availability of popular involvement mechanisms,
    • the breadth of participation is a key factor to ensuring constitutional survival, and
    • democratic renewal.
  • Suteu traces the Icelandic and Irish processes of crowdsourcing their constitutions, the former being known as the first crowdsourced constitution, and the latter being known for its civil society-led We the Citizens initiative which spurred a constitutional convention and the adoption of a citizen assembly in the process.

Bernal, Carlos – How Constitutional Crowd-drafting can enhance Legitimacy in Constitution-Making(Paper, 27 pages, 2018)

  • Bernal examines the use of online engagement for facilitating citizen participation in constitutional drafting, a process he dubs “Crowddrafting.” Highlighting examples from places such as Kenya, Iceland, and Egypt, he lays out the details the process including key players, methods, actions, and tools.
  • Bernal poses three stages where citizens can participate in constitutional crowddrafting: foundational, deliberation, and pre-ratification. Citing more examples, he concisely explains how each process works and states their expected outcomes. Although he acknowledges the challenges that it may face, Bernal concludes by proposing that “constitutional crowddrafting is a strategy for strengthening the democratic legitimacy of constitution-making processes by enabling inclusive mechanisms of popular participation of individuals and groups in deliberations, expression of preferences, and decisions related to the content of the constitution.”
  • He suggests that crowddrafting can increase autonomy, transparency, and equality, and can engage groups or individuals that are often left out of deliberative processes. While it may create potential risks, Bernal explains how to mitigate those risks and achieve the full power of enhanced legitimacy from constitutional crowddrafting.

Finnbogadóttir, Vigdís & Gylfason,Thorvaldur – The New Icelandic Constitution: How did it come about? Where is it? (Book, 2016)

  • This book, co-authored by a former President of Iceland (also the world’s first democratically directly elected female president) tells the story the crowdsourced Icelandic constitution as a powerful example of participatory democracy.
  • “In 2010 a nationally elected Constitutional Council met, and four months later a draft constitution was born. On the 20th. of October 2012, The People of Iceland voted to tell their Parliament to ratify it as its new constitution.” Four years later, the book discusses the current state of the Icelandic constitution and explores whether Parliament is respecting the will of the people.

Mitozo, Isabele & Marques, Francisco Paulo Jamil – Context Matters! Looking Beyond Platform Structure to Understand Citizen Deliberation on Brazil’s Portal e‐Democracia (Article, 21 pages, 2019)

  • This article analyzes the Portal e‐Democracia participatory platform, sponsored by the Brazilian Chamber of Deputies. Since 2009, the online initiative has provided different opportunities for legislators to engage with constituents and representatives through various methods such as surveys, forums, and collaborative wiki tools. Hence, the article examines the participatory behavior of Brazilian citizens during four particular forums hosted on Portal e-Democracia.
  • The researchers confirmed their hypothesis (i.e., that debates with diverse characteristics can develop even under the same design structures) and also drew several additional conclusions, suggesting that the issue at stake and sociopolitical context of the issue might be more important to characterizing the debate than the structure is.

Alsina, Victòria and Luis Martí, José – The Birth of the CrowdLaw Movement: Tech-Based Citizen Participation, Legitimacy and the Quality of Lawmaking

  • This paper introduces the idea of CrowdLaw followed by a deep dive into its roots, true meaning, and the inspiration behind its launch.
  • The authors first distinguish CrowdLaw from other forms of political participation, setting the movement apart from others. They then restate and explain the CrowdLaw Manifesto, a set 12 collaboratively-written principles intended to booster the design, implementation and evaluation of new tech-enabled practices of public engagement in law and policymaking. Finally, the authors conclude by emphasizing the importance of certain qualities that are inherent to the concept of CrowdLaw.

Beth Simone Noveck – Crowdlaw: Collective Intelligence and Lawmaking

  • In this essay, Noveck provides an all-encompassing and detailed description of the CrowdLaw concept. After establishing the value proposition for CrowdLaw methods, Noveck explores good practices for incorporating them into each stage of the law and policymaking process
  • Using illustrative examples of successful cases from around the world, Noveck affirms why CrowdLaw should become more widely adopted by highlighting its potential, while simultaneously suggesting how to implement CrowdLaw processes for interested institutions