Supreme Court rules against newspaper seeking access to food stamp data


Josh Gerstein at Politico: “The Supreme Court on Monday handed a victory to businesses seeking to block their information from being disclosed to the public after it winds up in the hands of the federal government.

The justices ruled in favor of retailers seeking to prevent a South Dakota newspaper from obtaining store-level data on the redemption of food stamp benefits, now officially known as the Supplemental Nutrition Assistance Program, or SNAP.

The high court ruling rejected a nearly half-century-old appeals court precedent that allowed the withholding of business records under the Freedom of Information Act only in cases where harm would result either to the business or to the government’s ability to acquire information in the future.

The latest case was set into motion when the U.S. Department of Agriculture refused to disclose the store-level SNAP data in response to a 2011 FOIA request from the Argus Leader, the daily newspaper in Sioux Falls, South Dakota. The newspaper sued, but a federal district court ruled in favor of the USDA.

The Argus Leader appealed, and the U.S. Appeals Court for the 8th Circuit ruled that the exemption the USDA was citing did not apply in this case, sending the issue back to a lower court. The district court was tasked with determining whether the USDA was covered by a separate FOIA exemption governing information that would cause competitive injury if released.

That court ruled in favor of the newspaper, at which point the Food Marketing Institute, a trade group that represents retailers such as grocery stores, filed an appeal in lieu of the USDA….(More)”.

Philanthropy’s Role


Jennifer Harris in Democracy. A Journal of Ideas: “…Today’s new ideas are just beginnings. Hence the need for philanthropic investment. One challenge is to get academics to work differently. In Hayek and Friedman’s day, creating beachheads at places like the University of Chicago and George Mason was necessary in part because the academy was fairly hostile to their ideas. Today’s situation is more one of distraction and benign neglect than outright hostility; the question is whether the most promising academics can reject pressures of over-specialization in favor of asking bigger questions, and can come to see themselves as part of a common project spanning relevant disciplines. Against this task, the role for philanthropy is less straightforward than financing a critical mass of endowed chairs at a couple of well-chosen universities.

Developing new ideas is only one front in this movement. If developing ideas is difficult, moving them in the world is more so, partly because it means contending with the power structures underpinning neoliberalism. Historians like Angus Burgin and Quinn Slobodian explain how neoliberalism’s rise was ultimately a marriage between libertarian intellectuals, big business, and white evangelicals. The amalgam that resulted was generous enough for each faction to take what suited their purposes and largely ignore the rest.

Upsetting this coalition will involve creating immediate stakes for what can often feel like abstract ideas. This is where social movement and grassroots organizing groups come in. Yet these groups are the first to admit, returning to Michael Shuman, that “Too little is being invested today in answering a fundamental question: What exactly are we organizing for? Many of our pat ‘answers’ are obsolete…. One unanswered question looming large, for example, is how to provide decent work to everyone without destroying our ecological base. Can anyone say, with confidence, what our economic program is?”

It’s not difficult to make out what these groups are against—consider the array of campaigns targeting the predatory behaviors of Wall Street or specific corporations. To the extent that campaigns do have affirmative aims, they tend to be for better minimums—the Fight for $15, for example, or paid sick days. To be sure, this is critical work and should continue. But these fights do not add up to, nor derive from, any coherent answer to neoliberalism.

Such is partly the nature of campaigning; outrage mobilizes. But at least part of the blame also falls on philanthropy—the foundations that tend to invest most heavily in economic and social justice work tend to support specific campaigns. There is too little focus on building power, and too little focus on ideas.

Arguably the lack of focus on ideas also partly stems from the fact that it has traditionally not been seen as the competency of these groups to be the idea generators. But that seems increasingly less true: The current push for reparations probably would not be mainstream if not for the Movement for Black Lives, just as teachers strikes in Oklahoma, West Virginia, and elsewhere are breathing new life into the labor movement.

There is much to learn from the wisdom of angry crowds in America today, it seems. And philanthropy is well situated to help bring about a new set of relationships linking organizers and activists and academics. Through thoughtful funding of post-graduate career paths, it might even be possible to generate a new mold of organizer, who is some blend of the two. Take Ady Barkan, called the “most powerful activist in America.” Barkan studied social movements in college and law school, and went on to found Fed Up, a campaign premised on three insights: one, the Federal Reserve wields far more power over the economic well-being of the country than does any other single institution, including Congress; two, partly for that reason, monetary policy should be a topic of political discourse; three, the rules of the economy have sufficiently changed that it is possible to allow for much more expansionary monetary policy than most economists have advocated, without nearly the same risk of inflation. Affirmative, structural campaigns of this sort—ones that target key institutions of power and rewrite the rules over how the economy is managed—are possible.

But they are not easy. It is safe to assume they would be easier with less uniform opposition from the business community. There are rumblings of a new willingness to depart from the highly partisan, staunchly conservative activism business has adopted over the past four decades. The ultimate test of whether these rumblings amount to anything will likely center on business itself—specifically, on whether business is willing to dispense with one of neoliberalism’s most insidious ideas: shareholder primacy. There is an emerging policy agenda importantly grounded in the notion that “Corporations are creatures of public permission,” as economist Lenore Palladino has put it. And “The privileges granted to large corporations are just that—privileges—not rights, and they are granted by the government so that corporations can accomplish public purposes that otherwise would be hard to meet.”

Not least, any worthy successor to neoliberalism must involve a moral dimension. The most important periods of social and political struggle have always fought not just over who should have power, but over which ideas about morality should dominate. In the late twentieth century, as market logic pervaded more and more spheres of human life and became fused to moral arguments about freedom, markets assumed a moral force of their own. As this happened, other ideas about morality not tethered to markets receded. A course-correction may be brewing, though. “We ripped the market out of its moral and social context and let it operate purely by its own rules,” one prominent observer wrote recently. “We made the market its own priest and confessor.” Another put it this way: “The first thing we must recognize, is that economic justice is a moral issue. And economics can’t be separated from moral questions. It was never intended that way.”

The first quote belongs to conservative New York Times columnist David Brooks, and the second to Rev. William Barber II, leader of the Poor People’s Campaign—lending weight to the notion that some of the best arguments against market fundamentalism today are moral ones, and they are found on both the right and the left.

All of this adds up to a pretty different picture of philanthropy. We need foundations willing to try something different than issue-specific programs. We need to invest in institutions and individuals—academics, think tanks, movement actors, business leaders, moral and religious figures—willing to prioritize ideas over policy, and willing to see themselves as part of a common project….(More)”

The great ‘unnewsed’ struggle to participate fully in democracy


Polly Curtis in the Financial Times: “…We once believed in utopian dreams about how a digital world would challenge power structures, democratise information and put power into the hands of the audience. Twenty years ago, I even wrote a university dissertation on how the internet was going to re-democratise society.

Two decades on, power structures have certainly been disrupted, but that utopianism has now crashed into a different reality: a growing and largely unrecognised crisis of the “unnewsed” population. The idea of the unnewsed stems from the concept of the “unbanked”, people who are dispossessed of the structures of society that depend on having a bank account.

Not having news does the same for you in a democratic system. It is a global problem. In parts of the developing world the digital divide is defined by the cost of data, often splitting between rural and urban, and in some places male control of mobile phones exacerbates the disenfranchisement of women. Even in the affluent west, where data is cheap and there are more sim cards than people, that digital divide exists. In the US the concept of “news deserts”, communities with no daily local news outlet, is well established.

Last week, the Reuters Digital News Report, an annual survey of the digital news habits of 75,000 people in 38 countries, reported that 32 per cent now actively avoid the news — avoidance is up 6 percentage points overall and 11 points in the UK. When I dug into other data on news consumption, from the UK communications regulator Ofcom, I found that those who claim not to follow any news are younger, less educated, have lower incomes and are less likely to be in work than those who do. We don’t like to talk about it, but news habits are closely aligned to something that looks very like class. How people get their news explains some of this — and demonstrates the class divide in access to information.

Research by Oxford university’s Reuters Institute last year found that there is greater social inequality in news consumption online than offline. Whereas on average we all use the same number of news sources offline, those on the lower end of the socio-economic scale use significantly fewer sources online. Even the popular tabloids, with their tradition of campaigning news for mass audiences, now have higher social class readers online than in print. Instead of democratising information, there is a risk that the digital revolution is exacerbating gaps in news habits….(More)”.

Study finds that a GPS outage would cost $1 billion per day


Eric Berger at Ars Technica: “….one of the most comprehensive studies on the subject has assessed the value of this GPS technology to the US economy and examined what effect a 30-day outage would have—whether it’s due to a severe space weather event or “nefarious activity by a bad actor.” The study was sponsored by the US government’s National Institutes of Standards and Technology and performed by a North Carolina-based research organization named RTI International.

Economic effect

As part of the analysis, researchers spoke to more than 200 experts in the use of GPS technology for various services, from agriculture to the positioning of offshore drilling rigs to location services for delivery drivers. (If they’d spoken to me, I’d have said the value of using GPS to navigate Los Angeles freeways and side streets was incalculable). The study covered a period from 1984, when the nascent GPS network was first opened to commercial use, through 2017. It found that GPS has generated an estimated $1.4 trillion in economic benefits during that time period.

The researchers found that the largest benefit, valued at $685.9 billion, came in the “telecommunications” category,  including improved reliability and bandwidth utilization for wireless networks. Telematics (efficiency gains, cost reductions, and environmental benefits through improved vehicle dispatch and navigation) ranked as the second most valuable category at $325 billion. Location-based services on smartphones was third, valued at $215 billion.

Notably, the value of GPS technology to the US economy is growing. According to the study, 90 percent of the technology’s financial impact has come since just 2010, or just 20 percent of the study period. Some sectors of the economy are only beginning to realize the value of GPS technology, or are identifying new uses for it, the report says, indicating that its value as a platform for innovation will continue to grow.

Outage impact

In the case of some adverse event leading to a widespread outage, the study estimates that the loss of GPS service would have a $1 billion per-day impact, although the authors acknowledge this is at best a rough estimate. It would likely be higher during the planting season of April and May, when farmers are highly reliant on GPS technology for information about their fields.

To assess the effect of an outage, the study looked at several different variables. Among them was “precision timing” that enables a number of wireless services, including the synchronization of traffic between carrier networks, wireless handoff between base stations, and billing management. Moreover, higher levels of precision timing enable higher bandwidth and provide access to more devices. (For example, the implementation of 4G LTE technology would have been impossible without GPS technology)….(More)”

Bringing Truth to the Internet


Article by Karen Kornbluh and Ellen P. Goodman: “The first volume of Special Counsel Robert Mueller’s report notes that “sweeping” and “systemic” social media disinformation was a key element of Russian interference in the 2016 election. No sooner were Mueller’s findings public than Twitter suspended a host of bots who had been promoting a “Russiagate hoax.”

Since at least 2016, conspiracy theories like Pizzagate and QAnon have flourished online and bled into mainstream debate. Earlier this year, a British member of Parliament called social media companies “accessories to radicalization” for their role in hosting and amplifying radical hate groups after the New Zealand mosque shooter cited and attempted to fuel more of these groups. In Myanmar, anti-Rohingya forces used Facebook to spread rumors that spurred ethnic cleansing, according to a UN special rapporteur. These platforms are vulnerable to those who aim to prey on intolerance, peer pressure, and social disaffection. Our democracies are being compromised. They work only if the information ecosystem has integrity—if it privileges truth and channels difference into nonviolent discourse. But the ecosystem is increasingly polluted.

Around the world, a growing sense of urgency about the need to address online radicalization is leading countries to embrace ever more draconian solutions: After the Easter bombings in Sri Lanka, the government shut down access to Facebook, WhatsApp, and other social media platforms. And a number of countries are considering adopting laws requiring social media companies to remove unlawful hate speech or face hefty penalties. According to Freedom House, “In the past year, at least 17 countries approved or proposed laws that would restrict online media in the name of fighting ‘fake news’ and online manipulation.”

The flaw with these censorious remedies is this: They focus on the content that the user sees—hate speech, violent videos, conspiracy theories—and not on the structural characteristics of social media design that create vulnerabilities. Content moderation requirements that cannot scale are not only doomed to be ineffective exercises in whack-a-mole, but they also create free expression concerns, by turning either governments or platforms into arbiters of acceptable speech. In some countries, such as Saudi Arabia, content moderation has become justification for shutting down dissident speech.

When countries pressure platforms to root out vaguely defined harmful content and disregard the design vulnerabilities that promote that content’s amplification, they are treating a symptom and ignoring the disease. The question isn’t “How do we moderate?” Instead, it is “How do we promote design change that optimizes for citizen control, transparency, and privacy online?”—exactly the values that the early Internet promised to embody….(More)”.

We Read 150 Privacy Policies. They Were an Incomprehensible Disaster.


Kevin Litman-Navarro at the New York Times: “….I analyzed the length and readability of privacy policies from nearly 150 popular websites and apps. Facebook’s privacy policy, for example, takes around 18 minutes to read in its entirety – slightly above average for the policies I tested….

Despite efforts like the General Data Protection Regulation to make policies more accessible, there seems to be an intractable tradeoff between a policy’s readability and length. Even policies that are shorter and easier to read can be impenetrable, given the amount of background knowledge required to understand how things like cookies and IP addresses play a role in data collection….

So what might a useful privacy policy look like?

Consumers don’t need a technical understanding of data collection processes in order to protect their personal information. Instead of explaining the excruciatingly complicated inner workings of the data marketplace, privacy policies should help people decide how they want to present themselves online. We tend to go on the internet privately – on our phones or at home – which gives the impression that our activities are also private. But, often, we’re more visible than ever.

A good privacy policy would help users understand how exposed they are: Something as simple as a list of companies that might purchase and use your personal information could go a long way towards setting a new bar for privacy-conscious behavior. For example, if you know that your weather app is constantly tracking your whereabouts and selling your location data as marketing research, you might want to turn off your location services entirely, or find a new app.

Until we reshape privacy policies to meet our needs — or we find a suitable replacement — it’s probably best to act with one rule in mind. To be clear and concise: Someone’s always watching….(More)”.

We should extend EU bank data sharing to all sectors


Carlos Torres Vila in the Financial Times: “Data is now driving the global economy — just look at the list of the world’s most valuable companies. They collect and exploit the information that users generate through billions of online interactions taking place every day. 


But companies are hoarding data too, preventing others, including the users to whom the data relates, from accessing and using it. This is true of traditional groups such as banks, telcos and utilities, as well as the large digital enterprises that rely on “proprietary” data. 
Global and national regulators must address this problem by forcing companies to give users an easy way to share their own data, if they so choose. This is the logical consequence of personal data belonging to users. There is also the potential for enormous socio-economic benefits if we can create consent-based free data flows. 
We need data-sharing across companies in all sectors in a real time, standardised way — not at a speed and in a format dictated by the companies that stockpile user data. These new rules should apply to all electronic data generated by users, whether provided directly or observed during their online interactions with any provider, across geographic borders and in any sector. This could include everything from geolocation history and electricity consumption to recent web searches, pension information or even most recently played songs. 

This won’t be easy to achieve in practice, but the good news is that we already have a framework that could be the model for a broader solution. The UK’s Open Banking system provides a tantalising glimpse of what may be possible. In Europe, the regulation known as the Payment Services Directive 2 allows banking customers to share data about their transactions with multiple providers via secure, structured IT interfaces. We are already seeing this unlock new business models and drive competition in digital financial services. But these rules do not go far enough — they only apply to payments history, and that isn’t enough to push forward a data-driven economic revolution across other sectors of the economy. 

We need a global framework with common rules across regions and sectors. This has already happened in financial services: after the 2008 financial crisis, the G20 strengthened global banking standards and created the Financial Stability Board. The rules, while not perfect, have delivered uniformity which has strengthened the system. 

We need a similar global push for common rules on the use of data. While it will be difficult to achieve consensus on data, and undoubtedly more difficult still to implement and enforce it, I believe that now is the time to decide what we want. The involvement of the G20 in setting up global standards will be essential to realising the potential that data has to deliver a better world for all of us. There will be complaints about the cost of implementation. I know first hand how expensive it can be to simultaneously open up and protect sensitive core systems. 

The alternative is siloed data that holds back innovation. There will also be justified concerns that easier data sharing could lead to new user risks. Security must be a non-negotiable principle in designing intercompany interfaces and protecting access to sensitive data. But Open Banking shows that these challenges are resolvable. …(More)”.

France Bans Judge Analytics, 5 Years In Prison For Rule Breakers


Artificial Lawyer: “In a startling intervention that seeks to limit the emerging litigation analytics and prediction sector, the French Government has banned the publication of statistical information about judges’ decisions – with a five year prison sentence set as the maximum punishment for anyone who breaks the new law.

Owners of legal tech companies focused on litigation analytics are the most likely to suffer from this new measure.

The new law, encoded in Article 33 of the Justice Reform Act, is aimed at preventing anyone – but especially legal tech companies focused on litigation prediction and analytics – from publicly revealing the pattern of judges’ behaviour in relation to court decisions.

A key passage of the new law states:

‘The identity data of magistrates and members of the judiciary cannot be reused with the purpose or effect of evaluating, analysing, comparing or predicting their actual or alleged professional practices.’ *

As far as Artificial Lawyer understands, this is the very first example of such a ban anywhere in the world.

Insiders in France told Artificial Lawyer that the new law is a direct result of an earlier effort to make all case law easily accessible to the general public, which was seen at the time as improving access to justice and a big step forward for transparency in the justice sector.

However, judges in France had not reckoned on NLP and machine learning companies taking the public data and using it to model how certain judges behave in relation to particular types of legal matter or argument, or how they compare to other judges.

In short, they didn’t like how the pattern of their decisions – now relatively easy to model – were potentially open for all to see.

Unlike in the US and the UK, where judges appear to have accepted the fait accompli of legal AI companies analysing their decisions in extreme detail and then creating models as to how they may behave in the future, French judges have decided to stamp it out….(More)”.

Journalism Initiative Crowdsources Feedback on Failed Foreign Aid Projects


Abigail Higgins at SSIR: “It isn’t unusual that a girl raped in northeastern Kenya would be ignored by law enforcement. But for Mary, whose name has been changed to protect her identity, it should have been different—NGOs had established a hotline to report sexual violence just a few years earlier to help girls like her get justice. Even though the hotline was backed by major aid institutions like Mercy Corps and the British government, calls to it regularly went unanswered.

“That was the story that really affected me. It touched me in terms of how aid failures could impact someone,” says Anthony Langat, a Nairobi-based reporter who investigated the hotline as part of a citizen journalism initiative called What Went Wrong? that examines failed foreign aid projects.

Over six months in 2018, What Went Wrong? collected 142 reports of failed aid projects in Kenya, each submitted over the phone or via social media by the very people the project was supposed to benefit. It’s a move intended to help upend the way foreign aid is disbursed and debated. Although aid organizations spend significant time evaluating whether or not aid works, beneficiaries are often excluded from that process.

“There’s a serious power imbalance,” says Peter DiCampo, the photojournalist behind the initiative. “The people receiving foreign aid generally do not have much say. They don’t get to choose which intervention they want, which one would feel most beneficial for them. Our goal is to help these conversations happen … to put power into the hands of the people receiving foreign aid.”

What Went Wrong? documented eight failed projects in an investigative series published by Devex in March. In Kibera, one of Kenya’s largest slums, public restrooms meant to improve sanitation failed to connect to water and sewage infrastructure and were later repurposed as churches. In another story, the World Bank and local thugs struggled for control over the slum’s electrical grid….(More)”

Here’s a prediction: In the future, predictions will only get worse


Allison Schrager at Quartz: “Forecasts rely on data from the past, and while we now have better data than ever—and better techniques and technology with which to measure them—when it comes to forecasting, in many ways, data has never been more useless. And as data become more integral to our lives and the technology we rely upon, we must take a harder look at the past before we assume it tells us anything about the future.

To some extent, the weaknesses of data has always existed. Data are, by definition, information about what has happened in the past. Because populations and technology are constantly changing, they alter how we respond to incentives, policy, opportunities available to us, and even social cues. This undermines the accuracy of everything we try to forecast: elections, financial markets, even how long it will take to get to the airport.

But there is reason to believe we are experiencing more change than before. The economy is undergoing a major structural change by becoming more globally integrated, which increases some risks while reducing others, while technology has changed how we transact and communicate. I’ve written before how it’s now impossible for the movie industry to forecast hit films. Review-aggregation site Rotten Tomatoes undermines traditional marketing plans and the rise of the Chinese market means film makers must account for different tastes. Meanwhile streaming has changed how movies are consumed and who watches them. All these changes mean data from 10, or even five, years ago tell producers almost nothing about movie-going today.

We are in the age of big data that offers to promise of more accurate predictions. But it seems in some of the most critical aspects of our lives, data has never been more wrong….(More)”.