Sovereigns, Viruses, and the Law: The Normative Challenges of Pandemic in Today’s Information Societies

Curated on Posted on by Stefaan Verhulst

Paper by Ugo Pagallo: “The paper examines the legal and political impact of the Covid-19 crisis, drawing the attention to fundamental questions on authority and political legitimacy, coercion and obligation, power and cooperation. National states and sovereign governments have had and still will have a crucial role in re-establishing the public health sector and addressing the colossal challenges of economic re-construction. Scholars have accordingly discussed the set of legal means displayed during this crisis: emergency decrees, lockdowns, travel bans, and generally speaking, powers of the state of exception.

The aim of this paper is to stress the limits of such perspectives on powers of national governments and sovereigns, in order to illustrate what goes beyond such powers. Focus should be on the ontological, epistemic and normative constraints that affect today’s rights and duties of national states. Such constraints correspond to a class of problems that is complex, often transnational, and increasingly data-driven. In addition, we should not overlook the lessons learnt from such fields, as environmental law and internet governance, anti-terrorism and transnational business law, up to the regulation of Artificial Intelligence (AI). Such fields show that legal co-regulation and mechanisms of coordination and cooperation complement the traditional powers of national governments even in the times of the mother of all pandemics. The Covid-19 crisis has been often interpreted as if this were the last chapter of an on-going history about the Leviathan and its bio-powers. It is not. The crisis regards the end of the first chapter on the history of today’s information societies….(More)”.

Apparent Algorithmic Bias and Algorithmic Learning

Curated on Posted on by Stefaan Verhulst

Paper by Anja Lambrecht and Catherine E. Tucker: “It is worrying to think that algorithms might discriminate against minority groups and reinforce existing inequality. Typically, such concerns have focused on the idea that the algorithm’s code could reflect bias, or the data that feeds the algorithm might lead the algorithm to produce uneven outcomes.

In this paper, we highlight another reason for why algorithms might appear biased against minority groups which is the length of time algorithms need to learn: if an algorithm has access to less data for particular groups, or accesses this data at differential speeds, it will produce differential outcomes, potentially disadvantaging minority groups.

Specifically, we revisit a classic study which documents that searches on Google for black names were more likely to return ads that highlighted the need for a criminal background check than searches for white names. We show that at least a partial explanation for this finding is that if consumer demand for a piece of information is low, an algorithm accumulates information at a lesser speed and thus takes longer to learn about consumer preferences. Since black names are less common, the algorithm learns about the quality of the underlying ad more slowly, and as a result an ad is more likely to persist for searches next to black names even if the algorithm judges the ad to be of low-quality. Therefore, the algorithm may be likely to show an ad — including an undesirable ad — in the context of searches for a disadvantaged group for a longer period of time.

We replicate this result using the context of religious affiliations and present evidence that ads targeted towards searches for religious groups persists for longer for groups that are less searched for. This suggests that the process of algorithmic learning can lead to differential outcomes across those whose characteristics are more common and those who are rarer in society….(More)”.

Testing Transparency

Curated on Posted on by Stefaan Verhulst

Paper by Brigham Daniels, Mark Buntaine and Tanner Bangerter: “In modern democracies, governmental transparency is thought to have great value. When it comes to addressing administrative corruption and mismanagement, many would agree with Justice Brandeis’s observation that sunlight is the best disinfectant. Beyond this, many credit transparency with enabling meaningful citizen participation.

But even though transparency appears highly correlated with successful governance in developed democracies, assumptions about administrative transparency have remained empirically untested. Testing effects of transparency would prove particularly helpful in developing democracies where transparency norms have not taken hold or only have done so slowly. In these contexts, does administrative transparency really create the sorts of benefits attributed to it? Transparency might grease the gears of developed democracies, but what good is grease when many of the gears seem to be broken or missing entirely?

This Article presents empirical results from a first-of-its-kind field study that tested two major promises of administrative transparency in a developing democracy: that transparency increases public participation in government affairs and that it increases government accountability. To test these hypotheses, we used two randomized controlled trials.

Surprisingly, we found transparency had no significant effect in almost any of our quantitative measurements, although our qualitative results suggested that when transparency interventions exposed corruption, some limited oversight could result. Our findings are particularly significant for developing democracies and show, at least in this context, that Justice Brandeis may have oversold the cleansing effects of transparency. A few rays of transparency shining light on government action do not disinfect the system and cure government corruption and mismanagement. Once corruption and mismanagement are identified, it takes effective government institutions and action from civil society to successfully act as a disinfectant….(More)”.

Governing Privacy in the Datafied City

Curated on Posted on by Stefaan Verhulst

Paper by Ira Rubinstein and Bilyana Petkova: “Privacy — understood in terms of freedom from identification, surveillance and profiling — is a precondition of the diversity and tolerance that define the urban experience, But with “smart” technologies eroding the anonymity of city sidewalks and streets, and turning them into surveilled spaces, are cities the first to get caught in the line of fire? Alternatively, are cities the final bastions of privacy? Will the interaction of tech companies and city governments lead cities worldwide to converge around the privatization of public spaces and monetization of data with little to no privacy protections? Or will we see different city identities take root based on local resistance and legal action?

This Article delves into these questions from a federalist and localist angle. In contrast to other fields in which American cities lack the formal authority to govern, we show that cities still enjoy ample powers when it comes to privacy regulation. Fiscal concerns, rather than state or federal preemption, play a role in privacy regulation, and the question becomes one of how cities make use of existing powers. Populous cosmopolitan cities, with a sizeable market share and significant political and cultural clout, are in particularly noteworthy positions to take advantage of agglomeration effects and drive hard deals when interacting with private firms. Nevertheless, there are currently no privacy front runners or privacy laggards; instead, cities engage in “privacy activism” and “data stewardship.”

First, as privacy activists, U.S. cities use public interest litigation to defend their citizens’ personal information in high profile political participation and consumer protection cases. Examples include legal challenges to the citizenship question in the 2020 Census, and to instances of data breach including Facebook third-party data sharing practices and the Equifax data breach. We link the Census 2020 data wars to sanctuary cities’ battles with the federal administration to demonstrate that political dissent and cities’ social capital — diversity — are intrinsically linked to privacy. Regarding the string of data breach cases, cities expand their experimentation zone by litigating privacy interests against private parties.

Second, cities as data stewards use data to regulate their urban environment. As providers of municipal services, they collect, analyze and act on a broad range of data about local citizens or cut deals with tech companies to enhance transit, housing, utility, telecom, and environmental services by making them smart while requiring firms like Uber and Airbnb to share data with city officials. This has proven contentious at times but in both North American and European cities, open data and more cooperative forms of data sharing between the city, commercial actors, and the public have emerged, spearheaded by a transportation data trust in Seattle. This Article contrasts the Seattle approach with the governance and privacy deficiencies accompanying the privately-led Quayside smart city project in Toronto. Finally, this Article finds the data trust model of data sharing to hold promise, not least since the European rhetoric of exclusively city-owned data presented by Barcelona might prove difficult to realize in practice….(More)”.

Citizen participation in food systems policy making: A case study of a citizens’ assembly

Curated on Posted on by Stefaan Verhulst

Paper by Bob Doherty et al: “In this article, we offer a contribution to the emerging debate on the role of citizen participation in food system policy making. A key driver is a recognition that solutions to complex challenges in the food system need the active participation of citizens to drive positive change. To achieve this, it is crucial to give citizens the agency in processes of designing policy interventions. This requires authentic and reflective engagement with citizens who are affected by collective decisions. One such participatory approach is citizen assemblies, which have been used to deliberate a number of key issues, including climate change by the UK Parliament’s House of Commons (House of Commons., 2019). Here, we have undertaken analysis of a citizen food assembly organized in the City of York (United Kingdom). This assembly was a way of hearing about a range of local food initiatives in Yorkshire, whose aim is to both relocalise food supply and production, and tackle food waste.

These innovative community-based business models, known as ‘food hubs’, are increasing the diversity of food supply, particularly in disadvantaged communities. Among other things, the assembly found that the process of design and sortation of the assembly is aided by the involvement of local stakeholders in the planning of the assembly. It also identified the potential for public procurement at the city level, to drive a more sustainable sourcing of food provision in the region. Furthermore, this citizen assembly has resulted in a galvanizing of individual agency with participants proactively seeking opportunities to create prosocial and environmental change in the food system….(More)”.

Polycentric governance and policy advice: lessons from Whitehall policy advisory systems

Curated on Posted on by Stefaan Verhulst

Paper by Patrick Diamond: “In countries worldwide, the provision of policy advice to central governments has been transformed by the deinstitutionalisation of policymaking, which has engaged a diverse range of actors in the policy process. Scholarship should therefore address the impact of deinstitutionalisation in terms of the scope and scale of policy advisory systems, as well as in terms of the influence of policy advisors. This article addresses this gap, presenting a programme of research on policy advice in Whitehall. Building on Craft and Halligan’s conceptualisation of a ‘policy advisory system’, it argues that in an era of polycentric governance, policy advice is shaped by ‘interlocking actors’ beyond government bureaucracy, and that the pluralisation of advisory bodies marginalises the civil service. The implications of such alterations are considered against the backdrop of governance changes, particularly the hybridisation of institutions, which has made policymaking processes complex, prone to unpredictability and at risk of policy blunders….(More)”.

Behavioural Insights Teams (BITs) and Policy Change: An Exploration of Impact, Location, and Temporality of Policy Advice

Curated on Posted on by Stefaan Verhulst

Paper by Ishani Mukherjee and Sarah Giest: “Behavioural Insights Teams (BITs) have gained prominence in government as policy advisors and are increasingly linked to the way policy instruments are designed. Despite the rise of BITs as unique knowledge brokers mediating the use of behavioral insights for policymaking, they remain underexplored in the growing literature on policy advice and advisory systems. The article emphasizes that the visible impact that BITs have on the content of policy instruments, the level of political support they garner and their structural diversity in different political departments, all set them apart from typical policy brokers in policy advisory systems connecting the science-policy divide…(More)”.

The institutionalization of digital public health: lessons learned from the COVID19 app

Curated on Posted on by Stefaan Verhulst

Paper by Ciro Cattuto and Alessandro Spina: “Amid the outbreak of the SARS-CoV-2 pandemic, there has been a call to use innovative digital tools for the purpose of protecting public health. There are a number of proposals to embed digital solutions into the regulatory strategies adopted by public authorities to control the spread of the coronavirus more effectively. They range from algorithms to detect population movements by using telecommunication data to the use of artificial intelligence and high-performance computing power to detect patterns in the spread of the virus. However, the use of a mobile phone application for contact tracing is certainly the most popular.

These proposals, which have a very powerful persuasive force, and have apparently contributed to the success of public health response in a few Asian countries, also raise questions and criticisms in particular with regard to the risks that these novel digital surveillance systems pose for privacy and in the long term for our democracies.

With this short paper, we would like to describe the pattern that has led to the institutionalization of digital tools for public health purposes. By tracing their origins to “digital epidemiology”, an approach originated in the early 2010s, we will expose that, whilst there exists limited experimental knowledge on the use of digital tools for tracking disease, this is the first time in which they are being introduced by policy-makers into the set of non-clinical emergency strategies to a major public health crisis….(More)”

A data sharing method in the open web environment: Data sharing in hydrology

Curated on Posted on by Stefaan Verhulst

Paper by Jin Wang et al: “Data sharing plays a fundamental role in providing data resources for geographic modeling and simulation. Although there are many successful cases of data sharing through the web, current practices for sharing data mostly focus on data publication using metadata at the file level, which requires identifying, restructuring and synthesizing raw data files for further usage. In hydrology, because the same hydrological information is often stored in data files with different formats, modelers should identify the required information from multisource data sets and then customize data requirements for their applications. However, these data customization tasks are difficult to repeat, which leads to repetitive labor. This paper presents a data sharing method that provides a solution for data manipulation based on a structured data description model rather than raw data files. With the structured data description model, multisource hydrological data can be accessed and processed in a unified way and published as data services using a designed data server. This study also proposes a data configuration manager to customize data requirements through an interactive programming tool, which can help in using the data services. In addition, a component-based data viewer is developed for the visualization of multisource data in a sharable visualization scheme. A case study that involves sharing and applying hydrological data is designed to examine the applicability and feasibility of the proposed data sharing method….(More)”.

Using crowdsourcing for a safer society: When the crowd rules

Curated on Posted on by Stefaan Verhulst

Paper by Enrique Estellés-Arolas: “Neighbours sharing information about robberies in their district through social networking platforms, citizens and volunteers posting about the irregularities of political elections on the Internet, and internauts trying to identify a suspect of a crime: in all these situations, people who share different degrees of relationship collaborate through the Internet and other technologies to try to help with or solve an offence. T

he crowd, which is sometimes seen as a threat, in these cases becomes an invaluable resource that can complement law enforcement through collective intelligence. Owing to the increasing growth of such initiatives, this article conducts a systematic review of the literature to identify the elements that characterize them and to find the conditions that make them work successfully….(More)”.