Murky Consent: An Approach to the Fictions of Consent in Privacy Law

Curated on Posted on by Stefaan Verhulst

Paper by Daniel J. Solove: “Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent works “moral magic” – it transforms things that would be illegal and immoral into lawful and legitimate activities. As to privacy, consent authorizes and legitimizes a wide range of data collection and processing.

There are generally two approaches to consent in privacy law. In the United States, the notice-and-choice approach predominates; organizations post a notice of their privacy practices and people are deemed to consent if they continue to do business with the organization or fail to opt out. In the European Union, the General Data Protection Regulation (GDPR) uses the express consent approach, where people must voluntarily and affirmatively consent.

Both approaches fail. The evidence of actual consent is non-existent under the notice-and-choice approach. Individuals are often pressured or manipulated, undermining the validity of their consent. The express consent approach also suffers from these problems – people are ill-equipped to decide about their privacy, and even experts cannot fully understand what algorithms will do with personal data. Express consent also is highly impractical; it inundates individuals with consent requests from thousands of organizations. Express consent cannot scale.

In this Article, I contend that most of the time, privacy consent is fictitious. Privacy law should take a new approach to consent that I call “murky consent.” Traditionally, consent has been binary – an on/off switch – but murky consent exists in the shadowy middle ground between full consent and no consent. Murky consent embraces the fact that consent in privacy is largely a set of fictions and is at best highly dubious….(More)”. See also: The Urgent Need to Reimagine Data Consent

Automated Social Science: Language Models as Scientist and Subjects

Curated on Posted on by Stefaan Verhulst

Paper by Benjamin S. Manning, Kehang Zhu & John J. Horton: “We present an approach for automatically generating and testing, in silico, social scientific hypotheses. This automation is made possible by recent advances in large language models (LLM), but the key feature of the approach is the use of structural causal models. Structural causal models provide a language to state hypotheses, a blueprint for constructing LLM-based agents, an experimental design, and a plan for data analysis. The fitted structural causal model becomes an object available for prediction or the planning of follow-on experiments. We demonstrate the approach with several scenarios: a negotiation, a bail hearing, a job interview, and an auction. In each case, causal relationships are both proposed and tested by the system, finding evidence for some and not others. We provide evidence that the insights from these simulations of social interactions are not available to the LLM purely through direct elicitation. When given its proposed structural causal model for each scenario, the LLM is good at predicting the signs of estimated effects, but it cannot reliably predict the magnitudes of those estimates. In the auction experiment, the in silico simulation results closely match the predictions of auction theory, but elicited predictions of the clearing prices from the LLM are inaccurate. However, the LLM’s predictions are dramatically improved if the model can condition on the fitted structural causal model. In short, the LLM knows more than it can (immediately) tell…(More)”.

Democratic innovations beyond the deliberative paradigm

Curated on Posted on by Stefaan Verhulst

Paper by Christian Opitz: “The current research on deliberative-participatory democratic innovations conducted by state administration agencies exhibits empirical eclecticism and is dominated by a deliberative paradigm. However, this paradigm tends to conflate normative prescription with analytical description. In contrast, this article proposes a comprehensive re-conceptualization of such innovations, drawing from Niklas Luhmann’s systems theory. It outlines the specific problem these innovations address (function), how they operate in tackling this problem (functioning) and the problems they inevitably raise (dysfunctions). In addition, my re-conceptualization retains the possibility to critically compare these (and other) experiments regarding their capability to address emerging challenges within the modern democratic political system…(More)”.

On the Manipulation of Information by Governments

Curated on Posted on by Stefaan Verhulst

Paper by Ariel Karlinsky and Moses Shayo: “Governmental information manipulation has been hard to measure and study systematically. We hand-collect data from official and unofficial sources in 134 countries to estimate misreporting of Covid mortality during 2020-21. We find that between 45%–55% of governments misreported the number of deaths. The lion’s share of misreporting cannot be attributed to a country’s capacity to accurately diagnose and report deaths. Contrary to some theoretical expectations, there is little evidence of governments exaggerating the severity of the pandemic. Misreporting is higher where governments face few social and institutional constraints, in countries holding elections, and in countries with a communist legacy…(More)”

Technological Progress and Rent Seeking

Curated on Posted on by Stefaan Verhulst

Paper by Vincent Glode & Guillermo Ordoñez: “We model firms’ allocation of resources across surplus-creating (i.e., productive) and surplus-appropriating (i.e., rent-seeking) activities. Our model predicts that industry-wide technological advancements, such as recent progress in data collection and processing, induce a disproportionate and socially inefficient reallocation of resources toward surplus-appropriating activities. As technology improves, firms rely more on appropriation to obtain their profits, endogenously reducing the impact of technological progress on economic progress and inflating the price of the resources used for both types of activities. We apply our theoretical insights to shed light on the rise of high-frequency trading…(More)”,

Crowdsourcing for collaborative crisis communication: a systematic review

Curated on Posted on by Stefaan Verhulst

Paper by Maria Clara Pestana, Ailton Ribeiro and Vaninha Vieira: “Efficient crisis response and support during emergency scenarios rely on collaborative communication channels. Effective communication between operational centers, civilian responders, and public institutions is vital. Crowdsourcing fosters communication and collaboration among a diverse public. The primary objective is to explore the state-of-the-art in crowdsourcing for collaborative crisis communication guided by a systematic literature review. The study selected 20 relevant papers published in the last decade. The findings highlight solutions to facilitate rapid emergency responses, promote seamless coordination between stakeholders and the general public, and ensure data credibility through a rigorous validation process…(More)”.

Global Contract-level Public Procurement Dataset

Curated on Posted on by Stefaan Verhulst

Paper by Mihály Fazekas et al: “One-third of total government spending across the globe goes to public procurement, amounting to about 10 trillion dollars a year. Despite its vast size and crucial importance for economic and political developments, there is a lack of globally comparable data on contract awards and tenders run. To fill this gap, this article introduces the Global Public Procurement Dataset (GPPD). Using web scraping methods, we collected official public procurement data on over 72 million contracts from 42 countries between 2006 and 2021 (time period covered varies by country due to data availability constraints). To overcome the inconsistency of data publishing formats in each country, we standardized the published information to fit a common data standard. For each country, key information is collected on the buyer(s) and supplier(s), geolocation information, product classification, price information, and details of the contracting process such as contract award date or the procedure type followed. GPPD is a contract-level dataset where specific filters are calculated allowing to reduce the dataset to the successfully awarded contracts if needed. We also add several corruption risk indicators and a composite corruption risk index for each contract which allows for an objective assessment of risks and comparison across time, organizations, or countries. The data can be reused to answer research questions dealing with public procurement spending efficiency among others. Using unique organizational identification numbers or organization names allows connecting the data to company registries to study broader topics such as ownership networks…(More)”.

The Ethics of Advanced AI Assistants

Curated on Posted on by Stefaan Verhulst

Paper by Iason Gabriel et al: “This paper focuses on the opportunities and the ethical and societal risks posed by advanced AI assistants. We define advanced AI assistants as artificial agents with natural language interfaces, whose function is to plan and execute sequences of actions on behalf of a user – across one or more domains – in line with the user’s expectations. The paper starts by considering the technology itself, providing an overview of AI assistants, their technical foundations and potential range of applications. It then explores questions around AI value alignment, well-being, safety and malicious uses. Extending the circle of inquiry further, we next consider the relationship between advanced AI assistants and individual users in more detail, exploring topics such as manipulation and persuasion, anthropomorphism, appropriate relationships, trust and privacy. With this analysis in place, we consider the deployment of advanced assistants at a societal scale, focusing on cooperation, equity and access, misinformation, economic impact, the environment and how best to evaluate advanced AI assistants. Finally, we conclude by providing a range of recommendations for researchers, developers, policymakers and public stakeholders…(More)”.

The End of the Policy Analyst? Testing the Capability of Artificial Intelligence to Generate Plausible, Persuasive, and Useful Policy Analysis

Curated on Posted on by Stefaan Verhulst

Article by Mehrdad Safaei and Justin Longo: “Policy advising in government centers on the analysis of public problems and the developing of recommendations for dealing with them. In carrying out this work, policy analysts consult a variety of sources and work to synthesize that body of evidence into useful decision support documents commonly called briefing notes. Advances in natural language processing (NLP) have led to the continuing development of tools that can undertake a similar task. Given a brief prompt, a large language model (LLM) can synthesize information in content databases. This article documents the findings from an experiment that tested whether contemporary NLP technology is capable of producing public policy relevant briefing notes that expert evaluators judge to be useful. The research involved two stages. First, briefing notes were created using three models: NLP generated; human generated; and NLP generated/human edited. Next, two panels of retired senior public servants (with only one panel informed of the use of NLP in the experiment) were asked to judge the briefing notes using a heuristic evaluation rubric. The findings indicate that contemporary NLP tools were not able to, on their own, generate useful policy briefings. However, the feedback from the expert evaluators indicates that automatically generated briefing notes might serve as a useful supplement to the work of human policy analysts. And the speed with which the capabilities of NLP tools are developing, supplemented with access to a larger corpus of previously prepared policy briefings and other policy-relevant material, suggests that the quality of automatically generated briefings may improve significantly in the coming years. The article concludes with reflections on what such improvements might mean for the future practice of policy analysis…(More)”.

Unleashing collective intelligence for public decision-making: the Data for Policy community

Curated on Posted on by Stefaan Verhulst

Paper by Zeynep Engin, Emily Gardner, Andrew Hyde, Stefaan Verhulst and Jon Crowcroft: “Since its establishment in 2014, Data for Policy (https://dataforpolicy.org) has emerged as a prominent global community promoting interdisciplinary research and cross-sector collaborations in the realm of data-driven innovation for governance and policymaking. This report presents an overview of the community’s evolution from 2014 to 2023 and introduces its six-area framework, which provides a comprehensive mapping of the data for policy research landscape. The framework is based on extensive consultations with key stakeholders involved in the international committees of the annual Data for Policy conference series and the open-access journal Data & Policy published by Cambridge University Press. By presenting this inclusive framework, along with the guiding principles and future outlook for the community, this report serves as a vital foundation for continued research and innovation in the field of data for policy...(More)”.oeoMMrMrM..Andrew Hyde,Stefaan Verhulst[Opens in a new window] and