Privacy Bridges: EU and US Privacy Experts in Search of Transatlantic Privacy Solutions


IVIR and MIT: “The EU and US share a common commitment to privacy protection as a cornerstone of democracy. Following the Treaty of Lisbon, data privacy is a fundamental right that the European Union must proactively guarantee. In the United States, data privacy derives from constitutional protections in the First, Fourth and Fifth Amendment as well as federal and state statute, consumer protection law and common law. The ultimate goal of effective privacy protection is shared. However, current friction between the two legal systems poses challenges to realizing privacy and the free flow of information across the Atlantic. Recent expansion of online surveillance practices underline these challenges.

Over nine months, the group prepared a consensus report outlining a menu of privacy “bridges” that can be built to bring the European Union and the United States closer together. The efforts are aimed at providing a framework of practical options that advance strong, globally-accepted privacy values in a manner that respects the substantive and procedural differences between the two jurisdictions….

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Room for a View: Democracy as a Deliberative System


Involve: “Democratic reform comes in waves, propelled by technological, economic, political and social developments. There are periods of rapid change, followed by relative quiet.

We are currently in a period of significant political pressure for change to our institutions of democracy and government. With so many changes under discussion it is critically important that those proposing and carrying out reforms understand the impact that different reforms might have.

Most discussions of democratic reform focus on electoral democracy. However, for all their importance in the democratic system, elections rarely reveal what voters think clearly enough for elected representatives to act on them. Changing the electoral system will not alone significantly increase the level of democratic control held by citizens.

Room for a View, by Involve’s director Simon Burall, looks at democratic reform from a broader perspective than that of elections. Drawing on the work of democratic theorists, it uses a deliberative systems approach to examine the state of UK democracy. Rather than focusing exclusively on the extent to which individuals and communities are represented within institutions, it is equally concerned with the range of views present and how they interact.

Adapting the work of the democratic theorist John Dryzek, the report identifies seven components of the UK’s democratic system, describing and analysing the condition of each in turn. Assessing the UK’s democracy though this lens reveals it to be in fragile health. The representation of alternative views and narratives in all of the UK system’s seven components is poor, the components are weakly connected and, despite some positive signs, deliberative capacity is decreasing.

Room for a View suggests that a focus on the key institutions isn’t enough. If the health of UK democracy is to be improved, we need to move away from thinking about the representation of individual voters to thinking about the representation of views, perspectives and narratives. Doing this will fundamentally change the way we approach democratic reform.

Can non-Western democracy help to foster political transformation?


Richard Youngs at Open Democracy: “…many non-Western countries are showing signs of a newly-vibrant civic politics, organized in ways that are not centered on NGOs but on more loosely structured social movements in participatory forms of democracy where active citizenship is crucial—not just structured or formal, representative democratic institutions. Bolivia is a good example.

Many Western governments were skeptical about President Evo Morales’ political project, fearing that he would prove to be just as authoritarian as Hugo Chavez in Venezuela. But some Western donors (including Germany and the European Union) have already increased their support to indigenous social movements in Bolivia because they’ve become a vital channel of influence and accountability between government and society.

Secondly, it’s clear that the political dimensions of democracy will be undermined if economic conditions and inequalities are getting worse, so democracy promotion efforts need to be delinked from pressures to adopt neo-liberal economic policies. Western interests need to do more to prove that they are not supporting democracy primarily as a means to further their economic interest in ‘free markets.’ That’s why the European Union is supporting a growing number of projects designed to build up social insurance schemes during the early phases of democratic transitions. European diplomats, at least, say that they see themselves as supporters of social and economic democracy.

Donors are becoming more willing to support the role of labor unions in pro-democracy coalition-building; and to protect labor standards as a crucial part of political transitions in countries as diverse as Tunisia, Georgia, China, Egypt and Ecuador. But they should do more to assess how the embedded structures of economic power can undermine the quality of democratic processes. Support for civil society organizations that are keen on exploring heterodox economic models should also be stepped up.

Thirdly, non-Western structures and traditions can help to reduce violent conflict successfully. Tribal chiefs, traditional decision-making circles and customary dispute resolution mechanisms are commonplace in Africa and Asia, and have much to teach their counterparts in the West. In Afghanistan, for example, international organizations realized that the standard institutions of Western liberal democracy were gaining little traction, and were probably deepening rather than healing pre-existing divisions, so they’ve started to support local-level deliberative forums instead.

Something similar is happening in the Balkans, where the United States and the European Union are giving priority to locally tailored, consensual power-sharing arrangements. The United Nations is working with customary justice systems in Somalia. And in South Sudan and Kenya, donors have worked with tribal chiefs and supported traditional authorities to promote a better understanding of human rights and gender justice issues. These forms of power-sharing and ‘consensual communitarianism’ can be quite effective in protecting minorities while also encouraging dialogue and deliberation.

As these brief examples show, different countries can both offer and receive ideas about democratic transformation regardless of geography, though this is never straightforward. It involves finding a balance between defending genuinely-universal norms on the one hand, and encouraging democratic experimentation on the other. This is a thin line to walk, and it requires, for example, recognition that the basic precepts of liberal democracy are not synonymous with what can be seen as an amoral individualism, particularly in highly religious communities.

Pro-democracy reformers and civic groups in non-Western countries often take international organizations to task for pushing too hard on questions of ‘Western liberal rights’ rather than supporting variations to the standard, individualist template, even where tribal structures and traditional conflict-resolution mechanisms work reasonably well. This has led to resistance against international support in places as diverse as Libya, Mali and Pakistan…..

Academic critical theorists argue that Western democracy promoters fail to take alternative models of democracy on board because they would endanger their own geostrategic and economic interests….(More)”

Understanding democracy as a product of citizen performances reduces the need for a defined ‘people’


Liron Lavi at Democratic Audit: “Dēmokratía, literally ‘the rule of the people’, is the basis for democracy as a political regime. However, ‘the people’ is a heterogeneous, open, and dynamic entity. So, how can we think about democracy without the people as a coherent entity, yet as the source of democracy? I employ a performative theorisation of democracy in order to answer this question. Democracy, I suggest, is an effect produced by repetitive performative acts and ‘the people’ is produced as the source of democratic sovereignty.

A quick search on ‘democratic performance’ will usually yield results (and concerns) regarding voter competence, government accountability, liberal values, and legitimacy. However, from the perspective of performative theory, the term gains a rather different meaning (as has been discussed at length by Judith Butler). It suggests that democracy is not a pre-given structure but rather needs to be constructed repeatedly. Thus, for a democracy to be recognised and maintained as such it needs to be performed by citizens, institutions, office-holders, the media, etc. Acts made by these players – voting, demonstrating, decision- and- law-making, etc. – give form to the abstract concept of democracy, thus producing it as their (imagined) source. There is, therefore, no finite set of actions that can determine once and for all that a social structure is indeed a democracy, for the regime is not a stable and pre-given structure, but rather produced and imagined through a multitude of acts and procedures.

Elections, for example, are a democratic performance insofar as they are perceived as an effective tool for expressing the public’s preferences and choosing its representatives and desired policies. Polling stations are therefore the site in which democracy is constituted insofar as all eligible members (can) participate in the act of voting, and therefore are constructed as the source of sovereignty. By this, elections produce democracy as their effect, as their source, and hold together the political imagination of democracy. And they do this periodically, thus open options for new variations (and failures) in the democratic effect they produce. Elections are therefore, not only an opportunity to replace representatives and incumbents, but also an opportunity to perform democracy, shape it, alter it, and load it with various meanings….(More)”

Anxieties of Democracy


Debate at the Boston Review opened by Ira Katznelson: “…..Across the range of established democracies, we see skepticism bordering on cynicism about whether parliamentary governments can successfully address pressing domestic and global challenges. These doubts about representative democracy speak to both its fairness and its ability to make good policy.

Since the late eighteenth century, liberal constitutional regimes have recurrently collided with forms of autocratic rule—including fascism and communism—that claim moral superiority and greater efficacy. Today, there is no formal autocratic alternative competing with democracy for public allegiance. Instead, two other concerns characterize current debates. First, there is a sense that constitutional democratic forms, procedures, and practices are softening in the face of allegedly more authentic and more efficacious types of political participation—those that take place outside representative institutions and seem closer to the people. There is also widespread anxiety that national borders no longer define a zone of security, a place more or less safe from violent threats and insulated from rules and conditions established by transnational institutions and seemingly inexorable global processes.

These are recent anxieties. One rarely heard them voiced in liberal democracies when, in 1989, Francis Fukuyama designated the triumph of free regimes and free markets “the end of history.” Fukuyama described “the universalization of Western liberal democracy as the final form of human government,“ a “victory of liberalism” in “the realm of ideas and consciousness,” even if “as yet incomplete in the real or material world.” Tellingly, the disruption of this seemingly irresistible trend has recently prompted him to ruminate on the brittleness of democratic institutions across the globe.

Perhaps today’s representative democracies—the ones that do not appear to be candidates for collapse or supersession—are merely confronting ephemeral worries. But the challenge seems starker: a profound crisis of moral legitimacy, practical capacity, and institutional sustainability….(More)

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A matter of public trust: measuring how government performs


Gai Brodtmann at the Sydney Morning Herald:”…Getting trust is hard. Losing it is easy. And the work of maintaining trust in our democracy, and the public institutions it rests on, is constant, quiet and careful.

That trust is built on accountability and transparency. It relies on an assurance that government programs are well managed and delivered efficiently and effectively to give the best results for Australians.

And it demands impartial adjudicators to provide that assurance.

The first is getting the metrics, the key performance indicators, right. The indicators should be a fundamental way of judging whether a program is being implemented effectively and achieving its aims. If significant variations from expected performance are observed, it’s a sure sign that closer examination of the program is needed.

A lot of effort has gone into indicators in recent years. Progress has been made, but everyone recognises the issue is complex. Establishing meaningful indicators, which are aligned across and up and down agencies, and become business as usual, is not easy. And it cannot be done independently of other public sector reform.

Cultural change is inevitably at the heart of all these discussions and two aspects of that strike me. The first is risk-aversion. The second is the silo problem.

A crucial challenge in overcoming a too-timid approach to doing business is that we do not, on the whole, have incentives in the system that encourage taking risks. In fact, many of the incentives do the opposite….

But a more balanced risk-management culture will only germinate if both the government and the Parliament – including its committees – change their ways to recognise that innovative policy design and complex program implementation needs to embrace risk to be successful.

The second aspect of cultural change is the problem of too many silos. Perhaps, in some simpler past, public service agencies could generally operate with exclusive rights and functions within their own well-defined boundaries. But as social and economic challenges become more complex, this isn’t feasible.

Modern government in Australia is still coming to grips with this new imperative. Programs often involve multi-agency collaboration across jurisdictions, where the boundaries are well and truly crossed both within jurisdictions and across them. Unsurprisingly, ensuring a consistent approach and assessing outcomes has been difficult to achieve.

Collaboration between different entities is not strange to the private sector. One lesson we can draw is that, in collaborations, it is important to have a clear line of authority and control….(More)”

Uber wants you to change the world without leaving home


Ludovic Hunter-Tilney at the Financial Times: “Another day, another petition. The latest pinging into my email is from Uber, the minicab app…..To their supporters, online petitions are like Uber itself, harnessing the disruptive power of technology to shake up public life. In 2011, the campaign group 38 Degrees (motto: “People, Power, Change”) helped derail UK government plans to sell off national forests with a petition of over 500,000 names. In 2013, a 36,000-strong call to get portraits of women on to British banknotes resulted in Jane Austen’s ascendancy to a forthcoming £10 note.

But e-petitions have become victims of their own success. The numbers they generate are so large that they have created a kind of arms race of popularity…..Despite their high-tech trappings, e-petitions are an essentially feudal mechanism for raising popular grievances. They are an act of supplication, an entreaty made to a higher authority. In a modern democracy, the true megaphone for expressing the popular will is the vote. Yet the way votes are cast in the UK is locked in a bizarre time warp.

Although we spend increasing amounts of our lives online, the idea of emailing or texting our votes is mired in specious fears of electoral fraud. Meanwhile, one-third of eligible voters do not take part in general elections and almost two-thirds ignore local elections….(More)”

 

 

Datafication and empowerment: How the open data movement re-articulates notions of democracy, participation, and journalism


Stefan Baack at Big Data and Society: “This article shows how activists in the open data movement re-articulate notions of democracy, participation, and journalism by applying practices and values from open source culture to the creation and use of data. Focusing on the Open Knowledge Foundation Germany and drawing from a combination of interviews and content analysis, it argues that this process leads activists to develop new rationalities around datafication that can support the agency of datafied publics. Three modulations of open source are identified: First, by regarding data as a prerequisite for generating knowledge, activists transform the sharing of source code to include the sharing of raw data. Sharing raw data should break the interpretative monopoly of governments and would allow people to make their own interpretation of data about public issues. Second, activists connect this idea to an open and flexible form of representative democracy by applying the open source model of participation to political participation. Third, activists acknowledge that intermediaries are necessary to make raw data accessible to the public. This leads them to an interest in transforming journalism to become an intermediary in this sense. At the same time, they try to act as intermediaries themselves and develop civic technologies to put their ideas into practice. The article concludes with suggesting that the practices and ideas of open data activists are relevant because they illustrate the connection between datafication and open source culture and help to understand how datafication might support the agency of publics and actors outside big government and big business….(More)”

French digital rights bill published in ‘open democracy’ first


France24: “A proposed law on the Internet and digital rights in France has been opened to public consultation before it is debated in parliament in an “unprecedented” exercise in “open democracy”.

The text of the “Digital Republic” bill was published online on Saturday and is open to suggestions for amendments by French citizens until October 17.

It can be found on the “Digital Republic” web page, and is even available in English.

“We are opening a new page in the history of our democracy,” Prime Minister Manuel Valls said at a press conference as the consultation was launched. “This is the first time in France, or indeed in any European country, that a proposed law has been opened to citizens in this way.”

“And it won’t be the last time,” he said, adding that the move was an attempt to redress a “growing distrust of politics”.

Participants will be able to give their opinions and make suggestions for changes to the text of the bill.

Suggestions that get the highest number of public votes will be guaranteed an official response before the bill is presented to parliament.

Freedoms and fairness

In its original and unedited form, the text of the bill pushes heavily towards online freedoms as well as improving the transparency of government.

An “Open Data” policy would make official documents and public sector research available online, while a “Net Neutrality” clause would prevent Internet services such as Netflix or YouTube from paying for faster connection speeds at the expense of everyone else.

For personal freedoms, the law would allow citizens the right to recover emails, files and other data such as pictures stored on “cloud” services….(More)”

Democracy


New graphic novel by Alecos Papadatos and Annie DiDonna: “Democracy opens in 490 B.C., with Athens at war. The hero of the story, Leander, is trying to rouse his comrades for the morrow’s battle against a far mightier enemy, and begins to recount his own life, having borne direct witness to the evils of the old tyrannical regimes and to the emergence of a new political system. The tale that emerges is one of daring, danger, and big ideas, of the death of the gods and the tortuous birth of democracy. We see that democracy originated through a combination of chance and historical contingency–but also through the cunning, courage, and willful action of a group of remarkably talented and driven individuals….also offers fresh insight into how this greatest of civic inventions came to be. (More)”