AI, big data, and the future of consent


Paper by Adam J. Andreotta, Nin Kirkham & Marco Rizzi: “In this paper, we discuss several problems with current Big data practices which, we claim, seriously erode the role of informed consent as it pertains to the use of personal information. To illustrate these problems, we consider how the notion of informed consent has been understood and operationalised in the ethical regulation of biomedical research (and medical practices, more broadly) and compare this with current Big data practices. We do so by first discussing three types of problems that can impede informed consent with respect to Big data use. First, we discuss the transparency (or explanation) problem. Second, we discuss the re-repurposed data problem. Third, we discuss the meaningful alternatives problem. In the final section of the paper, we suggest some solutions to these problems. In particular, we propose that the use of personal data for commercial and administrative objectives could be subject to a ‘soft governance’ ethical regulation, akin to the way that all projects involving human participants (e.g., social science projects, human medical data and tissue use) are regulated in Australia through the Human Research Ethics Committees (HRECs). We also consider alternatives to the standard consent forms, and privacy policies, that could make use of some of the latest research focussed on the usability of pictorial legal contracts…(More)”

Do Voters Trust Deliberative Minipublics? Examining the Origins and Impact of Legitimacy Perceptions for the Citizens’ Initiative Review


Paper by Kristinn Már & John Gastil: “Deliberative theorists argue that democracies face an increasing legitimacy crisis for lack of effective representation and robust decision-making processes. To address this problem, democratic reformers designed minipublics, such as Citizens Juries, Citizens Assemblies, and Deliberative Polls. Little is known, however, about who trusts minipublics and why. We use survey experiments to explore whether minipublics in three US states were able to influence the electorate’s policy knowledge and voting choices and whether such influences hinged on legitimacy. On average, respondents were uncertain or tilted towards distrust of these minipublics. We found higher levels of trust among people of color compared to Whites, poor compared to rich, and young compared to old. Specific information about minipublic design features did not boost their perceived legitimacy. In fact, one result suggests that awareness of balanced partisan testimony decreased trust. Finally, results show that minipublics can sway voters and improve knowledge, above and beyond the effects of a conventional voter pamphlet, but these effects were largely independent of minipublic trust….(More)”

The social dilemma in AI development and why we have to solve it


Paper by Inga Strümke, Marija Slavkovik and Vince I. Madai: “While the demand for ethical artificial intelligence (AI) systems increases, the number of unethical uses of AI accelerates, even though there is no shortage of ethical guidelines. We argue that a main underlying cause for this is that AI developers face a social dilemma in AI development ethics, preventing the widespread adaptation of ethical best practices. We define the social dilemma for AI development and describe why the current crisis in AI development ethics cannot be solved without relieving AI developers of their social dilemma. We argue that AI development must be professionalised to overcome the social dilemma, and discuss how medicine can be used as a template in this process….(More)”.

(Successful) Democracies Breed Their Own Support


Paper by Daron Acemoglu et al: “Using large-scale survey data covering more than 110 countries and exploiting within-country variation across cohorts and surveys, we show that individuals with longer exposure to democracy display stronger support for democratic institutions. We bolster these baseline findings using an instrumental-variables strategy exploiting regional democratization waves and focusing on immigrants’ exposure to democracy before migration. In all cases, the timing and nature of the effects are consistent with a causal interpretation. We also establish that democracies breed their own support only when they are successful: all of the effects we estimate work through exposure to democracies that are successful in providing economic growth, peace and political stability, and public goods….(More)”.

Understanding Potential Sources of Harm throughout the Machine Learning Life Cycle


Paper by Harini Suresh and John Guttag: “As machine learning (ML) increasingly affects people and society, awareness of its potential unwanted consequences has also grown. To anticipate, prevent, and mitigate undesirable downstream consequences, it is critical that we understand when and how harm might be introduced throughout the ML life cycle. In this case study, we provide a framework that identifies seven distinct potential sources of downstream harm in machine learning, spanning data collection, development, and deployment. We describe how these issues arise, how they are relevant to particular applications, and how they motivate different mitigations. …(More)

Decentralisation: a multidisciplinary perspective


Paper by Balázs Bodó, Jaya Klara Brekke, and Jaap-Henk Hoepman:”Decentralisation as a concept is attracting a lot of interest, not least with the rise of decentralised and distributed techno-social systems like Bitcoin, and distributed ledgers more generally. In this paper, we first define decentralisation as it is implemented for technical architectures and then discuss the technical, social, political and economic ideas that drive the development of decentralised, and in particular, distributed systems. We argue that technical efforts towards decentralisation tend to go hand-in-hand with ambitions for rearranging power dynamics. We caution, however, against simplistic understandings of power in relation to the decentralisation-centralisation spectrum, and argue that in practice, decentralisation might very well be served by and produce centralising effects. The paper then goes on to discuss the critical literature that highlights some of the common assumptions and critiques made about decentralisation and the pros and cons of a decentralised approach. Finally, we propose some of the missing parts to current debates about decentralisation, and argue for a more nuanced and grounded approach to the centralisation/decentralisation dichotomy….(More)”.

Big Data in Biodiversity Science: A Framework for Engagement


Paper by Tendai Musvuugwa, Muxe Gladmond Dlomu and Adekunle Adebowale: “Despite best efforts, the loss of biodiversity has continued at a pace that constitutes a major threat to the efficient functioning of ecosystems. Curbing the loss of biodiversity and assessing its local and global trends requires a vast amount of datasets from a variety of sources. Although the means for generating, aggregating and analyzing big datasets to inform policies are now within the reach of the scientific community, the data-driven nature of a complex multidisciplinary field such as biodiversity science necessitates an overarching framework for engagement. In this review, we propose such a schematic based on the life cycle of data to interrogate the science. The framework considers data generation and collection, storage and curation, access and analysis and, finally, communication as distinct yet interdependent themes for engaging biodiversity science for the purpose of making evidenced-based decisions. We summarize historical developments in each theme, including the challenges and prospects, and offer some recommendations based on best practices….(More)”.

Bureaucracy and Development


Paper by Timothy J. Besley, Robin Burgess, Adnan Khan & Guo Xu: “In recent years, there has been increasing interest in whether and how bureaucratic effectiveness contributes to development. Just what makes for an effective bureaucracy and what are the building blocks of state capacity remain subject to debate. This paper reviews the arguments connecting contemporary research using administrative data and field experiments to wider discussions of the origins of state capacity. Most current research has been focused on understanding specific features of the environment in which bureaucrats operate. We connect this to discussions of bureaucratic systems, specifically the relationship to politics, citizens, firms and NGOs….(More)”.

Privacy Tradeoffs: Who Should Make Them, and How?


Paper by Jane R. Bambauer: “Privacy debates are contentious in part because we have not reached a broadly recognized cultural consensus about whether interests in privacy are like most other interests that can be traded off in utilitarian, cost-benefit terms, or if instead privacy is different—fundamental to conceptions of dignity and personal liberty. Thus, at the heart of privacy debates is an unresolved question: is privacy just another interest that can and should be bartered, mined, and used in the economy, or is it different?

This question identifies and isolates a wedge between those who hold essentially utilitarian views of ethics (and who would see many data practices as acceptable) and those who hold views of natural and fundamental rights (for whom common data mining practices are either never acceptable or, at the very least, never acceptable without significant participation and consent of the subject).

This essay provides an intervention of a purely descriptive sort. First, I lay out several candidates for ethical guidelines that might legitimately undergird privacy law and policy. Only one of the ethical models (the natural right to sanctuary) can track the full scope and implications of fundamental rights-based privacy laws like the GDPR.

Second, the project contributes to the field of descriptive ethics by using a vignette experiment to discover which of the various ethical models people actually do seem to hold and abide by. The vignette study uses a factorial design to help isolate the roles of various factors that may contribute to the respondents’ gauge of what an ethical firm should or should not do in the context of personal data use as well as two other non-privacy-related contexts. The results can shed light on whether privacy-related ethics are different and distinct from business ethics more generally. They also illuminate which version(s) of “good” and “bad” share broad support and deserve to be reflected in privacy law or business practice.

The results of the vignette experiment show that on balance, Americans subscribe to some form of utilitarianism, although a substantial minority subscribe to a natural right to sanctuary approach. Thus, consent and prohibitions of data practices are appropriate where the likely risks to some groups (most importantly, data subjects, but also firms and third parties) outweigh the benefits….(More)”

The Myth of the Laboratories of Democracy


Paper by Charles Tyler and Heather Gerken: “A classic constitutional parable teaches that our federal system of government allows the American states to function as “laboratories of democracy.” This tale has been passed down from generation to generation, often to justify constitutional protections for state autonomy from the federal government. But scholars have failed to explain how state governments manage to overcome numerous impediments to experimentation, including re-source scarcity, free-rider problems, and misaligned incentives.

This Article maintains that the laboratories account is missing a proper appreciation for the coordinated networks of third-party organizations (such as interest groups, activists, and funders) that often fuel policy innovation. These groups are the real laboratories of democracy today, as they perform the lion’s share of tasks necessary to enact new policies; they create incentives that motivate elected officials to support their preferred policies; and they mobilize the power of the federal government to change the land-scape against which state experimentation occurs. If our federal system of government seeks to encourage policy experimentation, this insight has several implications for legal doctrine. At a high level of generality, courts should endeavor to create ground rules for regulating competition between political networks, rather than continuing futile efforts to protect state autonomy. The Article concludes by sketching the outlines of this approach in several areas of legal doctrine, including federal preemption of state law, conditional spending, and the anti-commandeering principle….(More)”