Managing Democracy in the Digital Age


Book edited by Julia Schwanholz, Todd Graham and Peter-Tobias Stoll: “In light of the increased utilization of information technologies, such as social media and the ‘Internet of Things,’ this book investigates how this digital transformation process creates new challenges and opportunities for political participation, political election campaigns and political regulation of the Internet. Within the context of Western democracies and China, the contributors analyze these challenges and opportunities from three perspectives: the regulatory state, the political use of social media, and through the lens of the public sphere.

The first part of the book discusses key challenges for Internet regulation, such as data protection and censorship, while the second addresses the use of social media in political communication and political elections. In turn, the third and last part highlights various opportunities offered by digital media for online civic engagement and protest in the public sphere. Drawing on different academic fields, including political science, communication science, and journalism studies, the contributors raise a number of innovative research questions and provide fascinating theoretical and empirical insights into the topic of digital transformation….(More)”.

Is full transparency good for democracy?


Austin Sarat at The Conversation: “Public knowledge about what government officials do is essential in a representative democracy. Without such knowledge, citizens cannot make informed choices about who they want to represent them or hold public officials accountable.

Political theorists have traced arguments about publicity and democracy back to ancient Greece and Rome. Those arguments subsequently flowered in the middle of the 19th century.

For example, writing about British parliamentary democracy, the famous philosopher Jeremy Bentham urged that legislative deliberation be carried out in public. Public deliberation, in his view, would be an important factor in “constraining the members of the assembly to perform their duty” and in securing “the confidence of the people.”

Moreover, Bentham noted that “suspicion always attaches to mystery.”

Even so, Bentham did not think the public had an unqualified “right to know.” As he put it, “It is not proper to make the law of publicity absolute.” Bentham acknowledged that publicity “ought to be suspended” when informing the public would “favor the projects of an enemy.”

Well into the 20th century, the U.S. and other democracies existed with far less public transparency than Bentham advocated.

Push for transparency

The authors of a 2016 U.S. Congressional report on access to government information observed that, “Throughout the first 150 years of the federal government, access to government information does not appear to have been a major issue for the federal branches or the public.” In short, the public generally did not demand more information than the government provided….

For at least the last 50 years, American legal and political institutions have tried to find a balance between publicity and secrecy. The courts have identified limits to claims of executive privilege like those made by President Nixon during Watergate. Watergate also led Congress in 1978 to pass the Foreign Intelligence Surveillance Act, or FISA. That act created a special court, whose procedures were highlighted in the Nunes memo. The FISA court authorizes collection of intelligence information between foreign powers and “agents of foreign powers.”

Finding the proper balance between making information public in order to foster accountability and the government’s concern for national security is not easy. Just look to the heated debates that accompanied passage of the Patriot Act and what WikiLeaks did in 2010 when it published more than 300,000 classified U.S. Army field reports.

Americans can make little progress in resolving such debates until they can get beyond the cynical, partisan use of slogans like “the public’s right to know” and “full transparency” by President Trump’s loyalists. Now more than ever, Americans must understand how and when transparency contributes to the strength and vitality of our democratic institutions and how and when the invocation of the public’s right to know is being used to erode them….(More)”.

Our Hackable Political Future


Henry J. Farrell and Rick Perlstein at the New York Times: “….A program called Face2Face, developed at Stanford, films one person speaking, then manipulates that person’s image to resemble someone else’s. Throw in voice manipulation technology, and you can literally make anyone say anything — or at least seem to….

Another harrowing potential is the ability to trick the algorithms behind self-driving cars to not recognize traffic signs. Computer scientists have shown that nearly invisible changes to a stop sign can fool algorithms into thinking it says yield instead. Imagine if one of these cars contained a dissident challenging a dictator.

In 2007, Barack Obama’s political opponents insisted that footage existed of Michelle Obama ranting against “whitey.” In the future, they may not have to worry about whether it actually existed. If someone called their bluff, they may simply be able to invent it, using data from stock photos and pre-existing footage.

The next step would be one we are already familiar with: the exploitation of the algorithms used by social media sites like Twitter and Facebook to spread stories virally to those most inclined to show interest in them, even if those stories are fake.

It might be impossible to stop the advance of this kind of technology. But the relevant algorithms here aren’t only the ones that run on computer hardware. They are also the ones that undergird our too easily hacked media system, where garbage acquires the perfumed scent of legitimacy with all too much ease. Editors, journalists and news producers can play a role here — for good or for bad.

Outlets like Fox News spread stories about the murder of Democratic staff members and F.B.I. conspiracies to frame the president. Traditional news organizations, fearing that they might be left behind in the new attention economy, struggle to maximize “engagement with content.”

This gives them a built-in incentive to spread informational viruses that enfeeble the very democratic institutions that allow a free media to thrive. Cable news shows consider it their professional duty to provide “balance” by giving partisan talking heads free rein to spout nonsense — or amplify the nonsense of our current president.

It already feels as though we are living in an alternative science-fiction universe where no one agrees on what it true. Just think how much worse it will be when fake news becomes fake video. Democracy assumes that its citizens share the same reality. We’re about to find out whether democracy can be preserved when this assumption no longer holds….(More)”.

Behavioral Analysis of International Law: On Lawmaking and Nudging


Article by Doron Teichman and Eyal Zamir: “… examines the application of insights from behavioral economics to the area of international law. It reviews the unique challenges facing such application and demonstrates the contribution of behavioral findings to the understanding of lawmaking, the use of nudges, and states’ practices in the international arena.

In the sphere of lawmaking, the article first highlights the contribution of experimental game theory to understanding international customary law. It then analyzes the psychological mechanisms underpinning the advancement of treaty law through the use of deadlines, grandfather provisions, deferred implementation, and temporary arrangements. More generally, it provides insight into the processes through which international soft law evolves into hard law.

The article then argues that in the absence of a central legislative body or strong enforcement mechanisms, nudges (that is, low-cost, choice-preserving, behaviorally informed regulatory tools) can play a particularly important role in influencing the behavior of states and other entities. The article describes the current use of nudges, such as opt-in and opt-out arrangements in multilateral treaties, goal settings, and international rankings—and calls for further employment of such means.

Finally, the article suggests that the extent to which states comply with international norms may be explained by phenomena such as loss aversion and the identifiability effect; and that further insight into states’ (non)compliance may be gained from the emerging research in behavioral ethics…(More)”

Democracy Index 2017


The Economist: “The latest edition of The Economist Intelligence Unit’s Democracy Index records the worst decline in global democracy in years. Not a single region recorded an improvement in its average score since 2016, as countries grapple with increasingly divided electorates. Freedom of expression in particular is facing new challenges from both state and non-state actors, and is a special focus of this year’s report.

Screen Shot 2018-02-01 at 8.24.12 AM

The Economist Intelligence Unit’s Democracy Index is based on five categories: electoral process and pluralism; civil liberties; the functioning of government; political participation; and political culture. Based on their scores on 60 indicators within these categories, each country is then itself classified as one of four types of regime: full democracy; flawed democracy; hybrid regime; and authoritarian regime….(More)”

Democracy and the Internet: A Retrospective


Essay by Charles Ess at Javnost: “In the late 1980s and early 1990s, the emerging internet and World Wide Web inspired both popular and scholarly optimism that these new communication technologies would inevitably “democratise”—in local organisations, larger civic and political institutions, and, indeed, the world itself. The especially Habermas- and feminist-inspired notions of deliberative democracy in an electronic public sphere at work here are subsequently challenged, however, by both theoretical and empirical developments such as the Arab Winter and platform imperialism. Nonetheless, a range of other developments—from Edward Snowden to the emergence of virtue ethics and slow tech as increasingly central to the design of ICTs—argue that resistance in the name of democracy and emancipation is not futile….(More)”.

Governments are not startups


Ramy Ghorayeb at Medium: “…Why can’t governments move fast like the private industry? We have seen the rise of big corporations and startups adapting and evolve with the needs of their customers. Why can’t the governments adapt to the needs of their population? Why is it so slow?

Truth is, innovating in the public sector cannot and should not be like in the private one. Startups and corporations are about maximizing their internalities while public administrations are also about minimizing the externalities.

Straight-forward example: Let’s imagine the US authorize online voting in addition to physical for the next presidential elections. Obviously, it is a good way to incentivize people to vote. You will be able to vote from anywhere at any time, and more importantly, the cost to make one hundred people vote will be the same as one thousand or one million.

But on the other side, you are favoring the population with easy access to the Internet, meaning the middle and upper classes. And more, you are also favoring the younger generations over the older.
These populations have different known political opinions. Ultimately, you are deliberately modifying the voting repartition power in the country. It is not necessarily a bad or a good thing (keeping only physical voting is also favoriting a specific demographic segment) but there are a lot of issues that need to be worked on thoroughly before making any change on the democratic balance. I’d like to call this the participatory bias.

This participatory bias is the reason why the public side will always have a latency to adopt technology.

On the private side, when a business wants to work on a new product, it will only focus on its customer. The goal of a startup is even to find a specific segment of the population with its own needs and problems, a niche, to test innovative solutions in order to improve their experience and optimize the acquisition and retention of this population. In other words, he will maximize the internalities.
But the public side needs to look at the externalities that its new products can create. It cannot isolate a population, but has to look at what are the negative effects on the others. And more, like a big corporation, it cannot experiment and fail like a startup does, because it has to preserve its reputation and trust legacy.

Now the situation isn’t locked. Thanks to the civic tech ecosystem, governments have found a way to externalize innovation and learn from experimentations, failure and successes without doing it themselves. Startups and labs are handling the difficult role of inventor, and are showing the good way to use tech for citizens, iteration by iteration. More interesting, they are also showing that they are not threaten by public side replications. In fact, they are finding their complementarity….(More)”

Rights-Based and Tech-Driven: Open Data, Freedom of Information, and the Future of Government Transparency


Beth Noveck at the Yale Human Rights and Development Journal: “Open data policy mandates that government proactively publish its data online for the public to reuse. It is a radically different approach to transparency than traditional right-to-know strategies as embodied in Freedom of Information Act (FOIA) legislation in that it involves ex ante rather than ex post disclosure of whole datasets. Although both open data and FOIA deal with information sharing, the normative essence of open data is participation rather than litigation. By fostering public engagement, open data shifts the relationship between state and citizen from a monitorial to a collaborative one, centered around using information to solve problems together. This Essay explores the theory and practice of open data in comparison to FOIA and highlights its uses as a tool for advancing human rights, saving lives, and strengthening democracy. Although open data undoubtedly builds upon the fifty-year legal tradition of the right to know about the workings of one’s government, open data does more than advance government accountability. Rather, it is a distinctly twenty-first century governing practice borne out of the potential of big data to help solve society’s biggest problems. Thus, this Essay charts a thoughtful path toward a twenty-first century transparency regime that takes advantage of and blends the strengths of open data’s collaborative and innovation-centric approach and the adversarial and monitorial tactics of freedom of information regimes….(More)”.

Handbook on Participatory Governance


Book edited by Hubert Heinelt: “Can participatory governance really improve the quality of democracy? Concentrating on democracy beyond governmental structures, this Handbook argues that it is a political task to engage individuals at all levels of governance.

The Handbook on Participatory Governance reveals that transforming governance arrangements does in fact enhance democracy and that the democratic quality of participatory governance is crucial. The contributors reflect on the notion of democracy and participatory governance and how they relate to each other. Case studies are presented from regional, national and international levels, to identify how governance can be turned into a participatory form. With chapters reviewing participatory governance’s role alongside power, science and employment relations, innovative ideas for future progress in participatory governance are presented….(More)”.

Is Social Media Good or Bad for Democracy?


Essay by Cass R. Sunstein,  as  part of a series by Facebook on social media and democracy: “On balance, the question of whether social media platforms are good for democracy is easy. On balance, they are not merely good; they are terrific. For people to govern themselves, they need to have information. They also need to be able to convey it to others. Social media platforms make that tons easier.

There is a subtler point as well. When democracies are functioning properly, people’s sufferings and challenges are not entirely private matters. Social media platforms help us alert one another to a million and one different problems. In the process, the existence of social media can prod citizens to seek solutions.

Consider the remarkable finding, by the economist Amartya Sen, that in the history of the world, there has never been a famine in a system with a democratic press and free elections. A central reason is that famines are a product not only of a scarcity of food, but also a nation’s failure to provide solutions. When the press is free, and when leaders are elected, leaders have a strong incentive to help.

Mental illness, chronic pain, loss of employment, vulnerability to crime, drugs in the family – information about all these spread via social media, and they can be reduced with sensible policies. When people can talk to each other, and disclose what they know to public officials, the whole world might change in a hurry.

But celebrations can be awfully boring, so let’s hold the applause. Are automobiles good for transportation? Absolutely, but in the United States alone, over 35,000 people died in crashes in 2016.

Social media platforms are terrific for democracy in many ways, but pretty bad in others. And they remain a work-in-progress, not only because of new entrants, but also because the not-so-new ones (including Facebook) continue to evolve. What John Dewey said about my beloved country is true for social media as well: “The United States are not yet made; they are not a finished fact to be categorically assessed.”

For social media and democracy, the equivalents of car crashes include false reports (“fake news”) and the proliferation of information cocoons — and as a result, an increase in fragmentation, polarization and extremism. If you live in an information cocoon, you will believe many things that are false, and you will fail to learn countless things that are true. That’s awful for democracy. And as we have seen, those with specific interests — including politicians and nations, such as Russia, seeking to disrupt democratic processes — can use social media to promote those interests.

This problem is linked to the phenomenon of group polarization — which takes hold when like-minded people talk to one another and end up thinking a more extreme version of what they thought before they started to talk. In fact that’s a common outcome. At best, it’s a problem. At worst, it’s dangerous….(More)”.