Open data for democracy: Developing a theoretical framework for open data use


Erna Ruijer, Stephan Grimmelikhuijsen, and Albert Meijer in Government Information Quarterly: “Open data platforms are hoped to foster democratic processes, yet recent empirical research shows that so far they have failed to do so. We argue that current open data platforms do not take into account the complexity of democratic processes which results in overly simplistic approaches to open data platform design. Democratic processes are multifaceted and open data can be used for various purposes, with diverging roles, rules and tools by citizens and public administrators. This study develops a Democratic Activity Model of Open Data Use, which is illustrated by an exploratory qualitative multiple case study outlining three democratic processes: monitorial, deliberative and participatory. We find that each type of democratic process requires a different approach and open data design. We conclude that a context-sensitive open data design facilitates the transformation of raw data into meaningful information constructed collectively by public administrators and citizens….(More)”

The Emergence of a Post-Fact World


Francis Fukuyama in Project Syndicate: “One of the more striking developments of 2016 and its highly unusual politics was the emergence of a “post-fact” world, in which virtually all authoritative information sources were called into question and challenged by contrary facts of dubious quality and provenance.

The emergence of the Internet and the World Wide Web in the 1990s was greeted as a moment of liberation and a boon for democracy worldwide. Information constitutes a form of power, and to the extent that information was becoming cheaper and more accessible, democratic publics would be able to participate in domains from which they had been hitherto excluded.

The development of social media in the early 2000s appeared to accelerate this trend, permitting the mass mobilization that fueled various democratic “color revolutions” around the world, from Ukraine to Burma (Myanmar) to Egypt. In a world of peer-to-peer communication, the old gatekeepers of information, largely seen to be oppressive authoritarian states, could now be bypassed.

While there was some truth to this positive narrative, another, darker one was also taking shape. Those old authoritarian forces were responding in dialectical fashion, learning to control the Internet, as in China, with its tens of thousands of censors, or, as in Russia, by recruiting legions of trolls and unleashing bots to flood social media with bad information. These trends all came together in a hugely visible way during 2016, in ways that bridged foreign and domestic politics….

The traditional remedy for bad information, according to freedom-of-information advocates, is simply to put out good information, which in a marketplace of ideas will rise to the top. This solution, unfortunately, works much less well in a social-media world of trolls and bots. There are estimates that as many as a third to a quarter of Twitter users fall into this category. The Internet was supposed to liberate us from gatekeepers; and, indeed, information now comes at us from all possible sources, all with equal credibility. There is no reason to think that good information will win out over bad information….

The inability to agree on the most basic facts is the direct product of an across-the-board assault on democratic institutions – in the US, in Britain, and around the world. And this is where the democracies are headed for trouble. In the US, there has in fact been real institutional decay, whereby powerful interest groups have been able to protect themselves through a system of unlimited campaign finance. The primary locus of this decay is Congress, and the bad behavior is for the most part as legal as it is widespread. So ordinary people are right to be upset.

And yet, the US election campaign has shifted the ground to a general belief that everything has been rigged or politicized, and that outright bribery is rampant. If the election authorities certify that your favored candidate is not the victor, or if the other candidate seemed to perform better in a debate, it must be the result of an elaborate conspiracy by the other side to corrupt the outcome. The belief in the corruptibility of all institutions leads to a dead end of universal distrust. American democracy, all democracy, will not survive a lack of belief in the possibility of impartial institutions; instead, partisan political combat will come to pervade every aspect of life….(More)”

#Republic: Divided Democracy in the Age of Social Media


Book by Cass Sunstein: “As the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It’s no accident that on some occasions, people of different political views cannot even understand each other. It’s also no surprise that terrorist groups have been able to exploit social media to deadly effect.

Welcome to the age of #Republic.

In this revealing book, Cass Sunstein, the New York Times bestselling author of Nudge and The World According to Star Wars, shows how today’s Internet is driving political fragmentation, polarization, and even extremism—and what can be done about it.

Thoroughly rethinking the critical relationship between democracy and the Internet, Sunstein describes how the online world creates “cybercascades,” exploits “confirmation bias,” and assists “polarization entrepreneurs.” And he explains why online fragmentation endangers the shared conversations, experiences, and understandings that are the lifeblood of democracy.

In response, Sunstein proposes practical and legal changes to make the Internet friendlier to democratic deliberation. These changes would get us out of our information cocoons by increasing the frequency of unchosen, unplanned encounters and exposing us to people, places, things, and ideas that we would never have picked for our Twitter feed.

#Republic need not be an ironic term. As Sunstein shows, it can be a rallying cry for the kind of democracy that citizens of diverse societies most need….(More)”

Rule by the lowest common denominator? It’s baked into democracy’s design


 in The Conversation: “The Trump victory, and the general disaster for Democrats this year, was the victory of ignorance, critics moan.

Writing in Foreign Policy, Georgetown’s Jason Brennan called it “the dance of the dunces” and wrote that “Trump owes his victory to the uninformed.”…

For liberals, Trump’s victory was the triumph of prejudice, bigotry and forces allied against truth and expertise in politics, science and culture at large. Trump brandishes unconcern for traditional political wisdom and protocol – much less facts – like a badge of honor, and his admirers roar with glee. His now famous rallies, the chastened media report, are often scary, sometimes giving way to violence, sometimes threatening to spark broader recriminations and social mayhem. This is a glimpse of how tyrants rise to power, some political minds worry; this is how tyrants enlist the support of rabid masses, and get them to do their bidding.

For the contemporary French philosopher Jacques Rancière, however, the Trump victory provides a useful reminder of the essential nature of democracy – a reminder of what precisely makes it vibrant. And liable to lapse into tyranny at once….

Democracy is rule by the rabble, in Plato’s view. It is the rule by the lowest common denominator. In a democracy, passions are inflamed and proliferate. Certain individuals may take advantage of and channel the storm of ignorance, Plato feared, and consolidate power out of a desire to serve their own interests.

As Rancière explains, there is a “scandal of democracy” for Plato: The best and the high born “must bow before the law of chance” and submit to the rule of the inexpert, the commoner, who knows little about politics or much else.

Merit ought to decide who rules, in Plato’s account. But democracy consigns such logic to the dustbin. The rabble may decide they want to be ruled by one of their own – and electoral conditions may favor them. Democracy makes it possible that someone who has no business ruling lands at the top. His rule may prove treacherous, and risk dooming the state. But, Rancière argues, this is a risk democracies must take. Without it, they lack legitimacy….

Rancière maintains people more happily suffer authority ascribed by chance than authority consigned by birth, merit or expertise. Liberals may be surprised about this last point. According to Rancière, expertise is no reliable, lasting or secure basis for authority. In fact, expertise soon loses authority, and with it, the legitimacy of the state. Why?…(More)”

Notable Privacy and Security Books from 2016


Daniel J. Solove at Technology, Academics, Policy: “Here are some notable books on privacy and security from 2016….

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy

From my blurb: “Chris Hoofnagle has written the definitive book about the FTC’s involvement in privacy and security. This is a deep, thorough, erudite, clear, and insightful work – one of the very best books on privacy and security.”

My interview with Hoofnagle about his book: The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

My further thoughts on the book in my interview post above: “This is a book that all privacy and cybersecurity lawyers should have on their shelves. The book is the most comprehensive scholarly discussion of the FTC’s activities in these areas, and it also delves deep in the FTC’s history and activities in other areas to provide much-needed context to understand how it functions and reasons in privacy and security cases. There is simply no better resource on the FTC and privacy. This is a great book and a must-read. It is filled with countless fascinating things that will surprise you about the FTC, which has quite a rich and storied history. And it is an accessible and lively read too – Chris really makes the issues come alive.”

Gary T. Marx, Windows into the Soul: Surveillance and Society in an Age of High Technology

From Peter Grabosky: “The first word that came to mind while reading this book was cornucopia. After decades of research on surveillance, Gary Marx has delivered an abundant harvest indeed. The book is much more than a straightforward treatise. It borders on the encyclopedic, and is literally overflowing with ideas, observations, and analyses. Windows into the Soul commands the attention of anyone interested in surveillance, past, present, and future. The book’s website contains a rich abundance of complementary material. An additional chapter consists of an intellectual autobiography discussing the author’s interest in, and personal experience with, surveillance over the course of his career. Because of its extraordinary breadth, the book should appeal to a wide readership…. it will be of interest to scholars of deviance and social control, cultural studies, criminal justice and criminology. But the book should be read well beyond the towers of academe. The security industry, broadly defined to include private security and intelligence companies as well as state law enforcement and intelligence agencies, would benefit from the book’s insights. So too should it be read by those in the information technology industries, including the manufacturers of the devices and applications which are central to contemporary surveillance, and which are shaping our future.”

Susan C. Lawrence, Privacy and the Past: Research, Law, Archives, Ethics

From the book blurb: “When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work.”

Ronald J. Krotoszynski, Privacy Revisited: A Global Perspective on the Right to Be Left Alone

From Mark Tushnet: “Professor Krotoszynski provides a valuable overview of how several constitutional systems accommodate competing interests in privacy, speech, and democracy. He shows how scholarship in comparative law can help one think about one’s own legal system while remaining sensitive to the different cultural and institutional settings of each nation’s law. A very useful contribution.”

Laura K. Donohue, The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age

Gordon Corera, Cyberspies: The Secret History of Surveillance, Hacking, and Digital Espionage

J. Macgregor Wise, Surveillance and Film…(More; See also Nonfiction Privacy + Security Books).

Technoscience and Citizenship: Ethics and Governance in the Digital Society


Book edited by Ann Delgado that “ provides insights on how emerging technosciences come together with new forms of governance and ethical questioning. Combining science and technologies and ethics approaches, it looks at the emergence of three key technoscientific domains – body enhancement technologies, biometrics and technologies for the production of space -exploring how human bodies and minds, the movement of citizens and space become matters of technoscientific governance. The emergence of new and digital technologies pose new challenges for representative democracy and existing forms of citizenship. As citizens encounter and have to adapt to technological change in their everyday life, new forms of conviviality and contestation emerge. This book is a key reference for scholars interested in the governance of emerging technosciences in the fields of science and technology studies and ethics….(More)

Inside the Digital Revolution


Heather Brooks in the Journal of International Affairs: “Technology and transparency combined to create the digital revolution, which in turn has ushered in a new form o f monitory democracy. Communicative abundance and global interconnection mean the democratic franchise can expand and deepen, but the author argues that it matters who is made transparent and for what purpose. Content and context matter. Technology and transparency can be used to strengthen democracy by opening up government to citizens, but the same tools can also be used by the state to surveil and disempower citizens, thereby damaging democracy. The author uses three case studies to discuss the impact o f digitizing information on power relations between citizens and states. First, her observations as the journalist and litigant in the legal case that forced the digitization o f UK parliamentary expense records, which when leaked created one o f the biggest political scandals in that country for decades. Second, she obtained the entire set o f U. S. diplomatic cables and reported on their contents for the Guardian. Lastly, she served as a member o f the Independent Surveillance Review Panel, set up by the UK government to investigate allegations made by Edward Snowden that the UK and U.S. governments were conducting mass surveillance programs that were potentially illegal and lacked adequate oversight. The case studies show how journalism is integral not only to identifying useful civic information but also maximizing the public good from leaked information while minimizing harm….(More)”

Could Technology Remove the Politicians From Politics?


Sue Brideshead at Motherboard: “The tech industry has talked long and hard about democratizing industries. Democratizing content, democratizing taxi-cabs, and democratizing bed and breakfasts. But what about democratizing democracy?

Disruption is the word of the moment in Washington, thanks to an incoming president who counts his inexperience in government as an asset. It remains to be seen what kind of disruption Trump will bestow upon the White House, but efforts at disruption from the technology world have refined and chipped at only the topmost layer of inefficiencies. Mark Zuckerberg has poured cash into a broken school district; programmers have toyed with ways to secure digital ballots; and analysts have sought (and failed) to hone the political poll. The team of engineers Barack Obama lured to Washington has been tasked with fixing podunk websites and backend systems. But what they have failed to identify as a problem is the very system that elected their boss. Because beyond the topmost layer of government gunk lies a broad and broken structure: the idea of representation itself. In the era of the internet, the very premise of sending a man to Washington or a woman to city council is badly in need of an upgrade.

The idea of a political representative evolved out of necessity. Townspeople couldn’t afford to take a day off and ride a horse to the capital. They needed to agree upon one guy who would more or less say what they were thinking, and they voted to pick the right guy for the job.

Horses became model T’s became jets flying politicians from their constituencies to the District of Columbia, ostensibly to have an ear to the ground in their home state and a hand to the buzzers on the Senate floor. But travel—and voter awareness—requires cash that drives up the price of running for office.

The Republican President-elect scored votes by calling Washington “corrupt” and “criminal,” “rigged” and “stagnant,” but “quaint” is the first adjective I think of. In the era of the iPhone, sending a man or woman to Washington to “represent” a district back home can feel about as forward-thinking as sending an intern to Amazon headquarters to pick up the new DeLillo. Why do congressional offices read bills in hard-copy, in private, while their constituents draft their work in Google Docs? Why does a senator have to stand on the Senate floor to hear arguments or to vote, when her constituents watch proceedings on C-Span and vote for which Game of Thrones heroine her hair most resembles on BuzzFeed?..

….The price of running for office is now astronomical, literally; a New Hampshire senate race tops the cost of sending your satellite to low earth orbit with SpaceX’s rocket…But the most disturbing fact of our Republic is an upsurge of anti-intellectual rhetoric. An ongoing protest of California’s default direct democracy—its barrage of referendums—is fueled by the disturbing fact that voters are likely to base their decision on a television advertisement. Referendum protesters rightly note that a system reliant on advertising hardly cuts money out of politics or ensures an informed electorate. But the premise of this protest rests on the assumption that a Representative is more informed than a television advertisement; that a Representative makes decisions by speaking with experts, using paid time and expertise…

…Fixing an existing problem with new technology often fuels new and terrifying questions. Displacing power simply raises the same questions of control and ownership in new places. For example, even without the risk of politicians becoming susceptible to lobbyists, voters could still be influenced by special interest groups that can afford to bombard voters with their message. But by distributing the power for change among the electorate, a direct democracy model would effectively make lobbying efforts much more expensive and inefficient….

…What I do know: our system is broken. Voters crave transparency, an end to political photo-ops, an end to the influence of television, of Facebook, a way to flush the lobbyists out of Washington and drag the cash out of politicians’ pockets. As a citizenry, we hold relatively little power to destroy lobbying; to reform pay-to-play; to transform the media industries; re-engineer Facebook, or temper the bad behavior of the wealthy and powerful. But our new technologies also mean that there’s one central component we might have the power to remove from government completely: the politicians. (More)”

Open or Closed? Open Licensing of Real-Time Public Sector Transit Data


Teresa Scassa and Alexandra Diebel in Journal of e-Democracy: “This paper explores how real-time data are made available as “open data” using municipal transit data as a case study. Many transit authorities in North America and elsewhere have installed technology to gather GPS data in real-time from transit vehicles. These data are in high demand in app developer communities because of their use in communicating predicted, rather than scheduled, transit vehicle arrival times. While many municipalities have chosen to treat real-time GPS data as “open data,” the particular nature of real-time GPS data requires a different mode of access for developers than what is needed for static data files. This, in turn, has created a conflict between the “openness” of the underlying data and the sometimes restrictive terms of use which govern access to the real-time data through transit authority Application Program Interfaces (APIs). This paper explores the implications of these terms of use and considers whether real-time data require a separate standard for openness. While the focus is on the transit data context, the lessons from this area will have broader implications, particularly for open real-time data in the emerging smart cities environment….(More)”