New book by Orly Lobel (Yale University Press): “This timely book challenges conventional business wisdom about competition, secrecy, motivation, and creativity. Orly Lobel, an internationally acclaimed expert in the law and economics of human capital, warns that a set of counterproductive mentalities are stifling innovation in many regions and companies. Lobel asks how innovators, entrepreneurs, research teams, and every one of us who experiences the occasional spark of creativity can triumph in today’s innovation ecosystems. In every industry and every market, battles to recruit, retain, train, energize, and motivate the best people are fierce. From Facebook to Google, Coca-Cola to Intel, JetBlue to Mattel, Lobel uncovers specific factors that produce winners or losers in the talent wars. Combining original behavioral experiments with sharp observations of contemporary battles over ideas, secrets, and skill, Lobel identifies motivation, relationships, and mobility as the most important ingredients for successful innovation. Yet many companies embrace a control mentality—relying more on patents, copyright, branding, espionage, and aggressive restrictions of their own talent and secrets than on creative energies that are waiting to be unleashed. Lobel presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth. This vital and exciting reading reveals why everyone wins when talent is set free.”
Organizational Innovation in Public Services: Forms and Governance
New edited book by Pekka Valkama, Stephen James Bailey, Ari-Veikko Anttiroiko: “Reforming public services has become an integral part of instituting austerity measures as governments around the world struggle to balance the books in the wake of the financial crisis. Vital public services and government departments have been given the seemingly impossible task of delivering better services to the public while receiving less funding. This excellent and highly original collection brings together contributors from across the globe to explore and analyse innovational methods aimed at helping overburdened and under-funded public services cope with the demands of austerity and continue to deliver high quality services to the public. In the process this book develops new theoretical models and analyses case studies to provide an important and timely insight into how to reform public services across the globe…
Table of Contents:
1. Contexts and Challenges of Organisational Innovation in Public Services
2. Supporting Organisational Innovation in the Public Sector: Creative Councils in England
3. Analysis Organisational Innovation in Public Services: Conceptual and Theoretical Issues
4. Agentifcation Processes and Agency Governance: Organisational Innovation at a Global Scale?
5. Corporatisation as Organisational Innovation
6. Mutulatisation and Public Services
7. Organisational Innovation in Public Procurement in Scotland: The Scottish Futures Trust (SFT)
8. Outsourcing Public Services: Process Innovation in Dutch Municipalities
9. Governance of Public Service Companies: Australian Cases and Examples
10. Governance of Social Enterprises as Producers of Public Services
11. Championing and Governing UK Public Service Mutuals
12. Improving Governance Arrangements for Academic Entrepreneurships
13. Governance and Accountability of Joint Ventures: A Swedish Case Study
14. Contractual Governance: A Social Learning Perspective
15. Lessons for the Governance of Organisational Innovations”
Peer Production: A Modality of Collective Intelligence
What Government Can and Should Learn From Hacker Culture
Alexis Wichowski in The Atlantic: “Can the open-source model work for federal government? Not in every way—for security purposes, the government’s inner workings will never be completely open to the public. Even in the inner workings of government, fears of triggering the next Wikileaks or Snowden scandal may scare officials away from being more open with one another. While not every area of government can be more open, there are a few areas ripe for change.
Perhaps the most glaring need for an open-source approach is in information sharing. Today, among and within several federal agencies, a culture of reflexive and unnecessary information withholding prevails. This knee-jerk secrecy can backfire with fatal consequences, as seen in the 1998 embassy bombings in Africa, the 9/11 attacks, and the Boston Marathon bombings. What’s most troubling is that decades after the dangers of information-sharing were identified, the problem persists.
What’s preventing reform? The answer starts with the government’s hierarchical structure—though an information-is-power mentality and “need to know” Cold War-era culture contribute too. To improve the practice of information sharing, government needs to change the structure of information sharing. Specifically, it needs to flatten the hierarchy.
Former Obama Administration regulation czar Cass Sunstein’s “nudge” approach shows how this could work. In his book Simpler: The Future of Government, he describes how making even small changes to an environment can affect significant changes in behavior. While Sunstein focuses on regulations, the broader lesson is clear: Change the environment to encourage better behavior and people tend to exhibit better behavior. Without such strict adherence to the many tiers of the hierarchy, those working within it could be nudged towards, rather than fight to, share information.
One example of where this worked is in with the State Department’s annual Religious Engagement Report (RER). In 2011, the office in charge of the RER decided that instead of having every embassy submit their data via email, they would post it on a secure wiki. On the surface, this was a decision to change an information-sharing procedure. But it also changed the information-sharing culture. Instead of sharing information only along the supervisor-subordinate axis, it created a norm of sharing laterally, among colleagues.
Another advantage to flattening information-sharing hierarchies is that it reduces the risk of creating “single points of failure,” to quote technology scholar Beth Noveck. The massive amounts of data now available to us may need massive amounts of eyeballs in order to spot patterns of problems—small pools of supervisors atop the hierarchy cannot be expected to shoulder those burdens alone. And while having the right tech tools to share information is part of the solution—as the wiki made it possible for the RER—it’s not enough. Leadership must also create a culture that nudges their staff to use these tools, even if that means relinquishing a degree of their own power.
Finally, a more open work culture would help connect interested parties across government to let them share the hard work of bringing new ideas to fruition. Government is filled with examples of interesting new projects that stall in their infancy. Creating a large pool of collaborators dedicated to a project increases the likelihood that when one torchbearer burns out, others in the agency will pick up for them.
When Linus Torvalds released Linux, it was considered, in Raymond’s words, “subversive” and “a distinct shock.” Could the federal government withstand such a shock?
Evidence suggests it can—and the transformation is already happening in small ways. One of the winners of the Harvard Kennedy School’s Innovations in Government award is State’s Consular Team India (CTI), which won for joining their embassy and four consular posts—each of which used to have its own distinct set of procedures-into a single, more effective unit who could deliver standardized services. As CTI describes it, “this is no top-down bureaucracy” but shares “a common base of information and shared responsibilities.” They flattened the hierarchy, and not only lived, but thrived.”
Making government simpler is complicated
Mike Konczal in The Washington Post: “Here’s something a politician would never say: “I’m in favor of complex regulations.” But what would the opposite mean? What would it mean to have “simple” regulations?
There are two definitions of “simple” that have come to dominate liberal conversations about government. One is the idea that we should make use of “nudges” in regulation. The other is the idea that we should avoid “kludges.” As it turns out, however, these two definitions conflict with each other —and the battle between them will dominate conversations about the state in the years ahead.
The case for “nudges”
The first definition of a “simple” regulation is one emphasized in Cass Sunstein’s recent book titled Simpler: The Future of Government (also see here). A simple policy is one that simply “nudges” people into one choice or another using a variety of default rules, disclosure requirements, and other market structures. Think, for instance, of rules that require fast-food restaurants to post calories on their menus, or a mortgage that has certain terms clearly marked in disclosures.
These sorts of regulations are deemed “choice preserving.” Consumers are still allowed to buy unhealthy fast-food meals or sign up for mortgages they can’t reasonably afford. The regulations are just there to inform people about their choices. These rules are designed to keep the market “free,” where all possibilities are ultimately possible, although there are rules to encourage certain outcomes.
In his book, however, Sunstein adds that there’s another very different way to understand the term “simple.” What most people mean when they think of simple regulations is a rule that is “simple to follow.” Usually a rule is simple to follow because it outright excludes certain possibilities and thus ensures others. Which means, by definition, it limits certain choices.
The case against “kludges”
This second definition of simple plays a key role in political scientist Steve Teles’ excellent recent essay, “Kludgeocracy in America.” For Teles, a “kludge” is a “clumsy but temporarily effective” fix for a policy problem. (The term comes from computer science.) These kludges tend to pile up over time, making government cumbersome and inefficient overall.
Teles focuses on several ways that kludges are introduced into policy, with a particularly sharp focus on overlapping jurisdictions and the related mess of federal and state overlap in programs. But, without specifically invoking it, he also suggests that a reliance on “nudge” regulations can lead to more kludges.
After all, non-kludge policy proposal is one that will be simple to follow and will clearly cause a certain outcome, with an obvious causality chain. This is in contrast to a web of “nudges” and incentives designed to try and guide certain outcomes.
Why “nudges” aren’t always simpler
The distinction between the two is clear if we take a specific example core to both definitions: retirement security.
For Teles, “one of the often overlooked benefits of the Social Security program… is that recipients automatically have taxes taken out of their paychecks, and, then without much effort on their part, checks begin to appear upon retirement. It’s simple and direct. By contrast, 401(k) retirement accounts… require enormous investments of time, effort, and stress to manage responsibly.”
Yet 401(k)s are the ultimately fantasy laboratory for nudge enthusiasts. A whole cottage industry has grown up around figuring out ways to default people into certain contributions, on designing the architecture of choices of investments, and trying to effortlessly and painlessly guide people into certain savings.
Each approach emphasizes different things. If you want to focus your energy on making people better consumers and market participations, expanding our government’s resources and energy into 401(k)s is a good choice. If you want to focus on providing retirement security directly, expanding Social Security is a better choice.
The first is “simple” in that it doesn’t exclude any possibility but encourages market choices. The second is “simple” in that it is easy to follow, and the result is simple as well: a certain amount of security in old age is provided directly. This second approach understands the government as playing a role in stopping certain outcomes, and providing for the opposite of those outcomes, directly….
Why it’s hard to create “simple” regulations
Like all supposed binaries this is really a continuum. Taxes, for instance, sit somewhere in the middle of the two definitions of “simple.” They tend to preserve the market as it is but raise (or lower) the price of certain goods, influencing choices.
And reforms and regulations are often most effective when there’s a combination of these two types of “simple” rules.
Consider an important new paper, “Regulating Consumer Financial Products: Evidence from Credit Cards,” by Sumit Agarwal, Souphala Chomsisengphet, Neale Mahoney and Johannes Stroebel. The authors analyze the CARD Act of 2009, which regulated credit cards. They found that the nudge-type disclosure rules “increased the number of account holders making the 36-month payment value by 0.5 percentage points.” However, more direct regulations on fees had an even bigger effect, saving U.S. consumers $20.8 billion per year with no notable reduction in credit access…..
The balance between these two approaches of making regulations simple will be front and center as liberals debate the future of government, whether they’re trying to pull back on the “submerged state” or consider the implications for privacy. The debate over the best way for government to be simple is still far from over.”
Making regulations easier to use
Dan Sokolov and David Cassidy at the Consumer Financial Protection Bureau (CFPB): “We write rules to protect consumers, but what actually protects consumers is people: advocates knowing what rights people have, government agencies’ supervision and enforcement staff having a clear view of what potential violations to look out for; and responsible industry employees following the rules.
Today, we’re releasing a new open source tool we built, eRegulations, to help make regulations easier to understand. Check it out: consumerfinance.gov/eregulations
One thing that’s become clear during our two years as an agency is that federal regulations can be difficult to navigate. Finding answers to questions about a regulation is hard. Frequently, it means connecting information from different places, spread throughout a regulation, often separated by dozens or even hundreds of pages. As a result, we found people were trying to understand regulations by using paper editions, several different online tools to piece together the relevant information, or even paid subscription services that still don’t make things easy, and are expensive.
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Here’s hoping that even more people who work with regulations will have the same reaction as this member of our bank supervision team:
“The eRegulations site has been very helpful to my work. It has become my go-to resource on Reg. E and the Official Interpretations. I use it several times a week in the course of completing regulatory compliance evaluations. My prior preference was to use the printed book or e-CFR, but I’ve found the eRegulations (tool) to be easier to read, search, and navigate than the printed book, and more efficient than the e-CFR because of the way eRegs incorporates the commentary.”
New rules about international money transfers – also called “remittances” – in Regulation E will take effect on October 28, 2013, and you can now use the eRegulations tool to check out the regulation.
We need your help
There are two ways we’d love your help with our work to make regulations easier to use. First, the tool is a work in progress. If you have comments or suggestions, please write to us at CFPB_eRegs_Team@cfpb.gov. We read every message and would love to hear what you think.
Second, the tool is open source, so we’d love for other agencies, developers, or groups to use it and adapt it. And remember, the first time a citizen developer suggested a change to our open source software, it was to fix a typo (thanks again, by the way!), so no contribution is too small.”
Why Nudge?: The Politics of Libertarian Paternalism
New and forthcoming book by Cass Sunstein: “Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests—producing what Sunstein describes as “behavioral market failures.” Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice.
Against those who reject paternalism of any kind, Sunstein shows that “choice architecture”—government-imposed structures that affect our choices—is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful—and that it makes people’s lives better and longer.”
Smart Machines: IBM's Watson and the Era of Cognitive Computing
In Smart Machines, John E. Kelly III, director of IBM Research, and Steve Hamm, a writer at IBM and a former business and technology journalist, introduce the fascinating world of “cognitive systems” to general audiences and provide a window into the future of computing. Cognitive systems promise to penetrate complexity and assist people and organizations in better decision making. They can help doctors evaluate and treat patients, augment the ways we see, anticipate major weather events, and contribute to smarter urban planning. Kelly and Hamm’s comprehensive perspective describes this technology inside and out and explains how it will help us conquer the harnessing and understanding of “big data,” one of the major computing challenges facing businesses and governments in the coming decades. Absorbing and impassioned, their book will inspire governments, academics, and the global tech industry to work together to power this exciting wave in innovation.”
See also Why cognitive systems?
Beyond Transparency
New book on Open Data and the Future of Civic Innovation: The rise of open data in the public sector has sparked innovation, driven efficiency, and fueled economic development. And in the vein of high-profile federal initiatives like Data.gov and the White House’s Open Government Initiative, more and more local governments are making their foray into the field with Chief Data Officers, open data policies, and open data catalogs.
While still emerging, we are seeing evidence of the transformative potential of open data in shaping the future of our civic life. It’s at the local level that government most directly impacts the lives of residents—providing clean parks, fighting crime, or issuing permits to open a new business. This is where there is the biggest opportunity to use open data to reimagine the relationship between citizens and government.
Beyond Transparency is a cross-disciplinary survey of the open data landscape, in which practitioners share their own stories of what they’ve accomplished with open civic data. It seeks to move beyond the rhetoric of transparency for transparency’s sake and towards action and problem solving. Through these stories, we examine what is needed to build an ecosystem in which open data can become the raw materials to drive more effective decision-making and efficient service delivery, spur economic activity, and empower citizens to take an active role in improving their own communities….
This book is a resource for (and by) practitioners inside and outside government—from the municipal chief information officer to the community organizer to the civic-minded entrepreneur. Beyond Transparency is intended to capture and distill the community’s learnings around open data for the past four years. And we know that the community is going to continue learning. That’s why, in addition to the print version of the book which you can order on Amazon, we’ve also published the digital version of this book on this site under a Creative Commons license. The full text of this site is on GitHub — which means that anyone can submit a pull request with a suggested edit. Help us improve this resource for the community and write the next edition of Beyond Transparency by submitting your pull requests.
Code for America is a national nonprofit committed to building a government for the people, by the people, that works in the 21st century. Over the past four years, CfA has worked with dozens of cities to support civic innovation through open data. You can support this work by contributing to the book on GitHub, joining the CfA volunteer community (the Brigade), or connecting your city with CfA.
Democratic Reason: Politics, Collective Intelligence, and the Rule of the Many
New book by Hélène Landemore: “Individual decision making can often be wrong due to misinformation, impulses, or biases. Collective decision making, on the other hand, can be surprisingly accurate. In Democratic Reason, Hélène Landemore demonstrates that the very factors behind the superiority of collective decision making add up to a strong case for democracy. She shows that the processes and procedures of democratic decision making form a cognitive system that ensures that decisions taken by the many are more likely to be right than decisions taken by the few. Democracy as a form of government is therefore valuable not only because it is legitimate and just, but also because it is smart.
Landemore considers how the argument plays out with respect to two main mechanisms of democratic politics: inclusive deliberation and majority rule. In deliberative settings, the truth-tracking properties of deliberation are enhanced more by inclusiveness than by individual competence. Landemore explores this idea in the contexts of representative democracy and the selection of representatives. She also discusses several models for the “wisdom of crowds” channeled by majority rule, examining the trade-offs between inclusiveness and individual competence in voting. When inclusive deliberation and majority rule are combined, they beat less inclusive methods, in which one person or a small group decide. Democratic Reason thus establishes the superiority of democracy as a way of making decisions for the common good.”