Behavioral Jurisprudence: Law Needs a Behavioral Revolution

Curated on Posted on by Stefaan Verhulst

Article by Benjamin van Rooij and Adam Fine: “Laws are supposed to protect us. At work, they should eliminate unsafe working conditions and harassment. On our streets, they should curb speeding, distracted driving, and driving under the influence. And throughout our countries, they should protect citizens against their own governments.

The law is the most important behavioral system we have. Yet it is designed and operated by behavioral novices. Lawyers draft legislation, interpret rules, and create policies, but legal training does not teach them how laws affect human and organizational behavior.

Law needs a behavioral revolution, like the one that rocked the field of economics. There is now a large body of empirical work that calls into question the traditional legal assumptions about how law shapes behavior. This empirical work also offers a path forward. It can help lawyers and others shaping the law understand the law’s behavioral impact and help align its intended influence on behavior to its actual effects.

For instance, the law has traditionally focused on punishment as a means to deal with harmful behavior. Yet there is no conclusive evidence that threats of incarceration or fines reduce misconduct. Most people do not understand or know the law, and thus never come to weigh the law’s incentives in deciding whether to comply with it.

The law also fails to account for the social and moral factors that affect how people interpret and follow it. For instance, social norms—what people see others do or think others hold they should do—can shape what we think the laws say. Research also shows that people are more likely to follow rules they deem legitimate, and that rules that are made and enforced in a procedurally just and fair manner enhance compliance.

And, traditionally, the law has focused on motivational aspects of wrongdoing. But behavioral responses to the law are highly situational. Here, work in criminology, particularly within environmental criminology, shows that criminal opportunities are a chief driver of criminal behavior. Relatedly, when people have their needs met, for instance when they have a livable wage or sufficient schooling, they are more likely to follow the law…(More)”.

How Secure Is Our Data, Really?

Curated on Posted on by Stefaan Verhulst

Essay by Michael Kende: “Stepping back, a 2019 study showed that 95 percent of such data breaches could have been prevented. There are two main causes of breaches that can be averted.

First, many breaches attack known vulnerabilities in online systems. We are all used to updating the operating system on our computer or phone. One of the reasons is to patch a defect that could allow a breach. But not all of us update each patch all of the time, and that leaves us exposed. Organizations operating hundreds or thousands of devices with different systems connecting them may not devote enough resources to security or may be worried about testing the compatibility of upgrades, and this leaves them exposed to hackers searching for systems that have not been updated. These challenges were exacerbated with employees working from home during pandemic restrictions, often on their own devices with less protected networks.

Second is the phenomenon known as social engineering in which an employee is tricked into providing their password. We have all received phishing emails asking us to log into a familiar site to address an urgent matter. Doing so allows the hacker to capture the user’s email address or user name and the associated password. The hacker can then use that information directly to enter the real version of the website or may find out where else the user may go and hope they use the same login details — which, human nature being what it is, is quite common. These phishing attacks highlight the asymmetric advantage held by the hackers. They can send out millions of emails and just need one person to click on the wrong link to start their attack.

Of course, if 95 percent of breaches are preventable, that means 5 percent are not. For instance, though many breaches result from known vulnerabilities in systems, a vulnerability is by definition unknown before it is discovered. Such a vulnerability, known as a zero-day vulnerability, is valuable for hackers because it cannot be defended against, and they are often hoarded or sold, sometimes back to the company responsible so they can create a patch…(More)”.

How the Pandemic Made Algorithms Go Haywire

Curated on Posted on by Stefaan Verhulst

Article by Ravi Parikh and Amol Navathe: “Algorithms have always had some trouble getting things right—hence the fact that ads often follow you around the internet for something you’ve already purchased.

But since COVID upended our lives, more of these algorithms have misfired, harming millions of Americans and widening existing financial and health disparities facing marginalized groups. At times, this was because we humans weren’t using the algorithms correctly. More often it was because COVID changed life in a way that made the algorithms malfunction.

Take, for instance, an algorithm used by dozens of hospitals in the U.S. to identify patients with sepsis—a life-threatening consequence of infection. It was supposed to help doctors speed up transfer to the intensive care unit. But starting in spring of 2020, the patients that showed up to the hospital suddenly changed due to COVID. Many of the variables that went into the algorithm—oxygen levels, age, comorbid conditions—were completely different during the pandemic. So the algorithm couldn’t effectively discern sicker from healthier patients, and consequently it flagged more than twice as many patients as “sick” even though hospital capacity was 35 percent lower than normal. The result was presumably more instances of doctors and nurses being summoned to the patient bedside. It’s possible all of these alerts were necessary – after all, more patients were sick. However, it’s also possible that many of these alerts were false alarms because the type of patients showing up to the hospital were different. Either way, this threatened to overwhelm physicians and hospitals. This “alert overload” was discovered months into the pandemic and led the University of Michigan health system to shut down its use of the algorithm…(More)”.

Building a Data Infrastructure for the Bioeconomy

Curated on Posted on by Stefaan Verhulst

Article by Gopal P. Sarma and Melissa Haendel: “While the development of vaccines for COVID-19 has been widely lauded, other successful components of the national response to the pandemic have not received as much attention. The National COVID Cohort Collaborative (N3C), for example, flew under the public’s radar, even though it aggregated crucial US public health data about the new disease through cross-institutional collaborations among government, private, and nonprofit health and research organizations. These data, which were made available to researchers via cutting-edge software tools, have helped in myriad ways: they led to identification of the clinical characteristics of acute COVID-19 for risk prediction, assisted in providing clinical care for immunocompromised adults, revealed how COVID infection affects children, and documented that vaccines appear to reduce the risk of developing long COVID.

N3C has created the largest national, publicly available patient-level dataset in US history. Through a unique public-private partnership, over 300 participating organizations quickly overcame privacy concerns and data silos to include 13 million patient records in the project. More than 3,000 participating scientists are now working to overcome the particular challenge faced in the United States—the lack of a national healthcare data infrastructure available in many other countries—to support public health and medical responses. N3C shows great promise for unraveling answers to questions related to COVID, but it could easily be expanded for many areas of public health, including pandemic preparedness and monitoring disease status across the population.

As public servants dedicated to improving public health and equity, we believe that to unite the nation’s fragmented public health system, the United States should establish a standing capacity to collect, harmonize, and sustain a wide range of data types and sources. The public health data collected by N3C would ultimately be but one component of a rich landscape of interoperable data systems that can guide public policy in an era of rapid environmental change, sophisticated biological threats, and an economy enabled by biotechnology. Such an effort will require new thinking about data collection, infrastructure, and regulation, but its benefits could be enormous—enabling policymakers to make decisions in an increasingly complex world. And as the interconnections between society, industry, and government continue to intensify, decisionmaking of all types and scales will be more efficient and responsive if it can rely on significantly expanded data collection and analysis capabilities…(More)”.

Why Democracy vs. Autocracy Misses the Point

Curated on Posted on by Stefaan Verhulst

Essay by Jean-Marie Guéhenno: “I have always been a contrarian. I was a contrarian in 1989 when I wrote my first book, criticizing the idea—then widely held—that democracy had triumphed once and for all. And today I find that I’m a contrarian again with my new book, because everybody is talking about the confrontation between democracies and autocracies and I think that’s missing the point.

Something much more important is happening: the revolution of data, the Internet, and artificial intelligence. I believe we are on the cusp of an earthquake in the history of humanity of a kind that happens only once in hundreds of years. The most recent comparison is the Renaissance, and the pace of change today is much quicker than back then.

The institutions we built in the pre-data age are soon going to be completely overwhelmed, and thinking in terms of the old categories of democracies versus autocracies misses all the new challenges that they will have to face. This is a time of great peril as well as great promise, as was the Renaissance—not only the era of Leonard da Vinci, but also a century of religious wars.

The current revolution of data and algorithms is redistributing power in a way that cannot be compared to any historical shift. Traditionally we think of power concentrating in the hands of the leaders of states or big industrial companies. But power, increasingly, is in the hands of algorithms that are tasked (initially by humans) with learning and changing themselves, and evolve in ways we do not predict.

That means the owners of Google or Facebook or Amazon are not the masters of our destiny in the same sense as previous corporate titans. Similarly, while it is true to some extent that data will give dictators unprecedented power to manipulate society, they may also come to be dominated by the evolution of the algorithms on which they depend.

We see already how algorithms are reshaping politics. Social media has created self-contained tribes which do not speak to each other. The most important thing in democracy is not the vote itself, but the process of deliberation before the vote, and social media is quickly fragmenting the common ground on which such deliberations have been built.

How can societies exert control over how algorithms manage data, and whether they foster hatred or harmony? Institutions that are able to control this new power are not yet really in place. What they should look like will be one of the great debates of the future.

I don’t have the answers: I believe no human mind can anticipate the extent of the transformations that are going to happen. Indeed, I think the very notion that you can know today what will be the right institutions for the future is hubristic. The best institutions (and people) will be those that are most adaptable.

However, I believe that one promising approach is to think in terms of the relationship between the logic of knowledge and the logic of democracy. Take central banks as an example. The average citizen does not have a clue about how monetary policy works. Instead we rely on politicians to task the experts at central banks to try achieve a certain goal—it could be full employment, or a stable currency….(More)”.

The quantified self

Curated on Posted on by Stefaan Verhulst

Special issue by The Economist: “Bryan Johnson has just spent another weekend being examined. “On Saturday the sonographer was measuring…my ankles and knees and hips and shoulders and elbows, assessing what is the age of my tendons and ligaments,” he says. It is part of a mission to have all 70-plus organs of his body measured in exhaustive detail so he can see whether, and to what extent, his healthy lifestyle is rejuvenating them.

Mr Johnson, a tech entrepreneur in California, says he has undergone more than 300 tests of various sorts to that end. At one point he had one to check for damage to his arteries from all the blood drawn for other tests. His diet is also entirely determined by tests which have looked at how his body reacts to some 150 foods. “My conscious mind never decides what to eat,” he says. The main meal every day is the same green veggie mush, with a side of strictly regimented sleep, exercise and meditation….”

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A Movement That’s Quietly Reshaping Democracy For The Better

Curated on Posted on by Stefaan Verhulst

Essay by Claudia Chwalisz: “Imagine you receive an invitation one day from your mayor, inviting you to serve as a member of your city’s newly established permanent Citizens’ Assembly. You will be one of 100 others like you — people who are not politicians or even necessarily party members. All of you were drawn by lot through a fair and random process called a civic lottery. Together, you are broadly representative of the community — a mix of bakers, doctors, students, accountants, shopkeepers and more. You are young and old and from many backgrounds — everybody living in the city over age 16 is eligible, and anyone can take part regardless of citizenship status. Essentially, this group of 100 people is a microcosm of the wider public. Your mandate lasts for one year, after which a new group of people will be drawn by lot.

This is not just a thought experiment. Since the 1980s, a wave of such citizens’ assemblies has been building, and it has been gaining momentum since 2010. Over the past four decades, hundreds of thousands of people around the world have received invitations from heads of state, ministers, mayors and other public authorities to serve as members of over 500 citizens’ assemblies and other deliberative processes to inform policy making. Important decisions have been shaped by everyday people about 10-year, $5 billion strategic plans, 30-year infrastructure investment strategies, tackling online hate speech and harassment, taking preventative action against increased flood risks, improving air quality, reducing greenhouse gas emissions and many other issues.

As governance systems are failing to address some of society’s most pressing issues and trust between citizens and government is faltering, these new institutions embody the potential of democratic renewal. They create the democratic spaces for everyday people to grapple with the complexity of policy issues, listen to one another and find common ground. In doing so, they create the conditions to overcome polarization and strengthen societal cohesion. They bring out the collective intelligence of society — the principle that many diverse people will come to better decisions than more homogeneous groups…(More)”.

Between Utopia and Disaster

Curated on Posted on by Stefaan Verhulst

Essay by Malloy Owen: “The metaverse is, as they say, happening. Mark Zuckerberg announced last October that Facebook’s parent company, now called Meta, will take the lead in building out an immersive, interactive, and ubiquitous network of virtual environments that he envisions as the next phase of the Internet. Once the relevant technology has been developed, Zuckerberg promised, users will be able to enter the metaverse in avatar form and interact in three simulated dimensions with a glorious new world of people, places, and things.

It is not surprising that something like the metaverse is coming into being in these uneasy early days of the Biden era: All the master logics of our moment seem to demand it. First, to the extent that it can simulate physical presence, virtual reality promises to enable community across geographic distance. That power has special allure at a time when worries about the pandemic and the environment cast a pall over long-distance travel even as markets continue to disperse friends, family, and business associates far and wide. Second, the metaverse offers further liberation from the material, the given, and the bodily. (In the introduction to Zuckerberg’s metaverse announcement video, a drag queen invites us to “imagine a world where we are represented the way we want to be.”) Third, the metaverse offers sweet escape from a reality that inhabitants of rich countries, especially the young, find increasingly bleak. Rising seas, rusting factories, and a pervasive sense of powerlessness have driven some to bizarre political fantasies, some to opioids, and some to video games. Zuckerberg promises a cheap, safe, convincing simulation where everything is clean, bright, and hopeful and there are always new ideas and pleasures to discover.

Of course, we jaded children of the Information Age have learned to beware of tech lords bearing gifts. “If the product is free, you are the product” is the usual way of expressing this suspicion, and the metaverse will undoubtedly be an attractive platform for the now well-known techniques of targeted advertising. But the familiar saying does not quite capture the new forms of power a constructed virtual world will make available to its builders and managers. “If the product is free, you are a subject” might be a better way to frame our dilemma in the dawning age of the metaverse, which must be understood not only as an economic and political project, but as a theological one.

The modern state was founded on a dream—the dream of perfect knowledge that secures perfect power. A substantial part of the apparatus of state, then, has consisted of mechanisms for collecting and interpreting information. Sovereign governments in the seventeenth and eighteenth centuries devoted enormous resources to recording and categorizing facts about people, places, and things within their nations’ borders; today’s systems of computer-enabled mass surveillance, like the National Security Agency’s metadata collection program, simply carry this project forward.

But trying to skim data from a lumpy, rough-edged, and unpredictable world is a frustrating and often fruitless task. As theorists like James C. Scott and Michel Foucault have argued, states have addressed this difficulty by trying to flatten, order, and rationalize the social and natural landscapes under their control. In Scott’s narrative, land, once subject to obscure and variable patterns of customary use, is assigned definite owners; names are standardized into first and last; cities are laid out in grids; illegible dialects are suppressed. In Foucault’s telling, institutions like schools and professions like health care fashion the inward self into a smooth, predictable object of analysis. The easiest way for the state to understand the world is to remake it into something that can be understood. Still, the state has always had the physical world to contend with: Material nature resists and sometimes outright refuses manipulation…(More)”.

A New Approach to Digital Public Goods Is Gaining Steam

Curated on Posted on by Stefaan Verhulst

Article by Susan Ariel Aaronson: “Data is different from other inputs. Researchers in the public and private sectors can reuse troves of data indefinitely without that data losing its value. Individuals can use the same data for multiple purposes. They can create new products or research complex problems. Hence, data is multidimensional. It can simultaneously be a commercial asset and a public good.

Firms have long relied on data to improve the efficiency and quality of goods and services. However, today market actors also utilize data to create entirely new services, such as personalized healthcare. Data-driven sectors such as social networks and artificial-intelligence services are the foundation of today’s global economy. These sectors also enabled much of the world to function during the pandemic.

However, some seven companies in the U.S. and China collect, control, protect, analyze and sell much of the world’s data. According to the U.N. agency UNCTAD, these data behemoths control much of data collection through their provision of services; data transmissions through submarine cables and satellites; data storage; and data analysis, processing, and use. These firms rely on trade agreements to protect their intellectual property, which in turn allows them control over the data analyzed by their algorithms. Such complete control over data is dangerous for market actors large and small. When fewer researchers have access or can reuse data sets, these firms are essentially reducing the economic and social potential—the generativity of data….(More)”.

In potentially seismic shift, Government could release almost all advice to ministers

Curated on Posted on by Stefaan Verhulst

Article by Henry Cooke: (New Zealand) “The Government is considering proactively releasing almost all advice to ministers under a planned shakeup to transparency rules, which, if made, would amount to a seismic shift in the way the public sector communicates.

Open government advocates have cautiously welcomed the planned move, but say the devil will be in the detail – as the proactive release regime could end up defanging the Official Information Act (OIA).

The Public Service Commission is consulting with government departments and agencies on a proposal to release to the public all briefings and other advice given to ministers – unless there is a compelling reason not to, such as national security or breaching a commercial agreement, according to a person with knowledge of the discussions.

Currently, the Government proactively releases all Cabinet papers within 30 working days of a decision being made, but it does not release the advice that underpins those decisions. The Cabinet papers can also be redacted entirely or in part if the Government believes there is a good reason to do so.

Some advice is proactively released by individual agencies but there is no uniform rule declaring it or any centralised depository. In practice, much of it is released after either the media or opposition requests a copy under the OIA.

The new regime would see all ministerial advice be released without waiting to be asked for it, although it is not clear on what timeframe.

Ministers would also have to proactively release the titles of their briefings on a regular basis, meaning any advice that was not released could be requested under the OIA.

The Public Service Commission – which oversees the sprawling public sector – is also exploring options for a single point of access for these documents, instead of it being spread over many different websites….(More)”.