When America Says Yes to Government


Cass Sunstein in the New York Times: “In recent years, the federal government has adopted a large number of soft interventions that are meant to change behavior without mandates and bans. Among them: disclosure of information, such as calorie labels at chain restaurants; graphic warnings against, for example, distracted driving; and automatic enrollment in programs designed to benefit employees, like pension plans.

Informed by behavioral science, such reforms can have large effects while preserving freedom of choice. But skeptics deride these soft interventions as unjustified paternalism, an insult to dignity and a contemporary version of the nanny state. Some people fear that uses of behavioral science will turn out to be manipulative. They don’t want to be nudged.

But what do Americans actually think about soft interventions? I recently conducted a nationally representative survey of 563 people. Small though that number may seem, it gives a reasonable picture of what Americans think, with a margin of error of plus or minus 4.1 percentage points.

The remarkable finding is that most Americans approve of these reforms and want a lot more of them — and their approval generally cuts across partisan lines….(More)

Please, Corporations, Experiment on Us


Michelle N. Meyer and Christopher Chabris in the New York Times: ” Can it ever be ethical for companies or governments to experiment on their employees, customers or citizens without their consent?

The conventional answer — of course not! — animated public outrage last year after Facebook published a study in which it manipulated how much emotional content more than half a million of its users saw. Similar indignation followed the revelation by the dating site OkCupid that, as an experiment, it briefly told some pairs of users that they were good matches when its algorithm had predicted otherwise.

But this outrage is misguided. Indeed, we believe that it is based on a kind of moral illusion.

Companies — and other powerful actors, including lawmakers, educators and doctors — “experiment” on us without our consent every time they implement a new policy, practice or product without knowing its consequences. When Facebook started, it created a radical new way for people to share emotionally laden information, with unknown effects on their moods. And when OkCupid started, it advised users to go on dates based on an algorithm without knowing whether it worked.

Why does one “experiment” (i.e., introducing a new product) fail to raise ethical concerns, whereas a true scientific experiment (i.e., introducing a variation of the product to determine the comparative safety or efficacy of the original) sets off ethical alarms?

In a forthcoming article in the Colorado Technology Law Journal, one of us (Professor Meyer) calls this the “A/B illusion” — the human tendency to focus on the risk, uncertainty and power asymmetries of running a test that compares A to B, while ignoring those factors when A is simply imposed by itself.

Consider a hypothetical example. A chief executive is concerned that her employees are taking insufficient advantage of the company’s policy of matching contributions to retirement savings accounts. She suspects that telling her workers how many others their age are making the maximum contribution would nudge them to save more, so she includes this information in personalized letters to them.

If contributions go up, maybe the new policy worked. But perhaps contributions would have gone up anyhow (say, because of an improving economy). If contributions go down, it might be because the policy failed. Or perhaps a declining economy is to blame, and contributions would have gone down even more without the letter.

You can’t answer these questions without doing a true scientific experiment — in technology jargon, an “A/B test.” The company could randomly assign its employees to receive either the old enrollment packet or the new one that includes the peer contribution information, and then statistically compare the two groups of employees to see which saved more.

Let’s be clear: This is experimenting on people without their consent, and the absence of consent is essential to the validity of the entire endeavor. If the C.E.O. were to tell the workers that they had been randomly assigned to receive one of two different letters, and why, that information would be likely to distort their choices.

Our chief executive isn’t so hypothetical. Economists do help corporations run such experiments, but many managers chafe at debriefing their employees afterward, fearing that they will be outraged that they were experimented on without their consent. A company’s unwillingness to debrief, in turn, can be a deal-breaker for the ethics boards that authorize research. So those C.E.O.s do what powerful people usually do: Pick the policy that their intuition tells them will work best, and apply it to everyone….(More)”

Flawed Humans, Flawed Justice


Adam Benforado in the New York Times  on using …”lessons from behavioral science to make police and courts more fair…. WHAT would it take to achieve true criminal justice in America?

Imagine that we got rid of all of the cops who cracked racist jokes and prosecutors blinded by a thirst for power. Imagine that we cleansed our courtrooms of lying witnesses and foolish jurors. Imagine that we removed every judge who thought the law should bend to her own personal agenda and every sadistic prison guard.

We would certainly feel just then. But we would be wrong.

We would still have unarmed kids shot in the back and innocent men and women sentenced to death. We would still have unequal treatment, disregarded rights and profound mistreatment.

The reason is simple and almost entirely overlooked: Our legal system is based on an inaccurate model of human behavior. Until recently, we had no way of understanding what was driving people’s thoughts, perceptions and actions in the criminal arena. So, we built our institutions on what we had: untested assumptions about what deceit looks like, how memories work and when punishment is merited.

But we now have tools — from experimental methods and data collection approaches to brain-imaging technologies — that provide an incredible opportunity to establish a new and robust foundation.

Our justice system must be reconstructed upon scientific fact. We can start by acknowledging what the data says about the fundamental flaws in our current legal processes and structures.

Consider the evidence that we treat as nearly unassailable proof of guilt at trial — an unwavering eyewitness, a suspect’s signed confession or a forensic match to the crime scene.

While we charge tens of thousands of people with crimes each year after they are identified in police lineups, research shows that eyewitnesses chose an innocent person roughly one-third of the time. Our memories can fail us because we’re frightened. They can be altered by the word choice of a detective. They can be corrupted by previously seeing someone’s image on a social media site.

Picking out lying suspects from their body language is ineffective. And trying then to gain a confession by exaggerating the strength of the evidence and playing down the seriousness of the offense can encourage people to admit to terrible things they didn’t do.

Even seemingly objective forensic analysis is far from incorruptible. Recent data shows that fingerprint — and even DNA — matches are significantly more likely when the forensic expert is aware that the sample comes from someone the police believe is guilty.

With the aid of psychology, we see there’s a whole host of seemingly extraneous forces influencing behavior and producing systematic distortions. But they remain hidden because they don’t fit into our familiar legal narratives.

We assume that the specific text of the law is critical to whether someone is convicted of rape, but research shows that the details of the criminal code — whether it includes a “force” requirement or excuses a “reasonably mistaken” belief in consent — can be irrelevant. What matters are the backgrounds and identifies of the jurors.

When a black teenager is shot by a police officer, we expect to find a bigot at the trigger.

But studies suggest that implicit bias, rather than explicit racism, is behind many recent tragedies. Indeed, simulator experiments show that the biggest danger posed to young African-American men may not be hate-filled cops, but well-intentioned police officers exposed to pervasive, damaging stereotypes that link the concepts of blackness and violence.

Likewise, Americans have been sold a myth that there are two kinds of judges — umpires and activists — and that being unbiased is a choice that a person makes. But the truth is that all judges are swayed by countless forces beyond their conscious awareness or control. It should have no impact on your case, for instance, whether your parole hearing is scheduled first thing in the morning or right before lunch, but when scientists looked at real parole boards, they found that judges were far more likely to grant petitions at the beginning of the day than they were midmorning.

The choice of where to place the camera in an interrogation room may seem immaterial, yet experiments show that it can affect whether a confession is determined to be coerced. When people watch a recording with the camera behind the detective, they are far more likely to find that the confession was voluntary than when watching the interactions from the perspective of the suspect.

With such challenges to our criminal justice system, what can possibly be done? The good news is that an evidence-based approach also illuminates the path forward.

Once we have clear data that something causes a bias, we can then figure out how to remove that influence. …(More)

Nudges Do Not Undermine Human Agency


Cass R. Sunstein in the Journal of Consumer Policy: “Some people believe that nudges undermine human agency, but with appropriate nudges, neither agency nor consumer freedom is at risk. On the contrary, nudges can promote both goals. In some contexts, they are indispensable. There is no opposition between education on the one hand and nudges on the other. Many nudges are educative. Even when they are not, they can complement, and not displace, consumer education….(More)”.

Nudging hits Berlin


Hanno Burmester, Philipp Sälhoff  and Marie Wachinger at Policy Network: “Despite suspicion, the nudge theory may have a place in the process of party reform. Ever since Germany’s Kanzleramt published a job ad in 2014 to recruit three behavioural scientists, “nudging” has become a political buzzword in Berlin. For people outside the Berlin bubble, this may come as a surprise: the British government established its Behavioural Insights Team in 2010 (the less Orwellian nickname is the Nudge Unit). The city of Copenhagen followed soon after and started experimenting with the concept in 2012. Still, nudging seems to have only hit Berlin in recent months, sparking fierce debate among political experts, as well as the German public….

It is not surprising, therefore, that the notions of nudging and libertarian paternalism has quickly found its enemies in the German political debate. Libertarianism here is understood as a radical political ideology which, with the disappearance from federal politics of the centre-right liberal FDP with its partly libertarian agenda, has no representatives at all on the national political stage. Paternalism evokes negative political connotations as well. Moreover, in contrast to the United States, extensive government regulation enjoys widespread public acceptance. At the same time, Germans harbour a deep distrust against opaque and/or seemingly manipulative government actions. The concept of nudging, which explicitly acknowledges that its subjects can be unaware of being consciously influenced, thus feeds into a cultural distrust that, with regards to German and European history, is more than understandable.

Interestingly, however, the political left seems less averse to the idea of stimulating behavioural change through government action. For instance, the German minister of justice and consumer protection, the Social Democrat, Heiko Maas, lauded the approach in an op-ed, saying that it would be wise to acknowledge that citizens do not act rationally all the time. Nudging thus could be a wise compromise “between over-regulation of everyday affairs and laissez-faire politics”.

Nudging is more than a tool for governments, though. We believe it offers advantages in fields that, from an ethical perspective, are less controversial. One of those is the reform of political parties. Since August 2014 we have been  developing new approaches and to party reform in our projectLegitimation and Self-efficacy: Impulses for the Future of Party Democracy. The past decades have shown how hard it is to implement structural reforms in political parties, irrespective of the national context. On the left, for instance, the German Social Democratic party shows a remarkable institutional immunity to change, despite a widespread desire for parties to reflect the demands of rapidly changing societies.

Nudging may provide a tool to identify and analyse current practices of exerting political influence, thereby opening new prospects for changing organisational structures….(More)”

Behavioural Approaches: How Nudges Lead to More Intelligent Policy Design


Paper by Peter John, Forthcoming in Contemporary Approaches to Public Policy, edited by Philippe Zittoun and B. Guy Peters : “This paper reviews the use of behavioural ideas to improve public policy. There needs to be a behavioural take on decision-making itself so that policies are designed in more effective ways. it recounts the beginnings of behavioural sciences as currently conceived and then setting out the massive expansion of interest that has come about since that time. It reports on how such ideas have had a large impact on governments at all levels across the world, but also noting how decision-making itself has been influenced by more policy-relevant ideas. The paper discusses the paradox that the very decision-makers themselves are subject to the same biases as the objects of behavioural economics, which might imply limitations in the choices of such interventions. Here the text of the chapter reengages with the classics of decision-making theory. The chapter notes how behavioural sciences need not depend on a top down approach but can incorporate citizen voice. The paper reviews how citizens and other groups can use behavioural cues to alter the behaviour of policy-makers in socially beneficial ways. The paper discusses how behaviourally informed measures could be integrated within the policy making process in ways that advance the effective use of evidence and nudge decision to make better policies….(More)

Slacktivism and the social benefits of social video: Sharing a video to ‘help’ a cause


Cat Jones at FirstMonday: “Interest in online ‘slacktivism’ is high both within and outside academia, and the online sharing of cause-related campaigns is increasing, but research into the extent to which ‘slacktivism’ applies to the act of sharing online content to ‘help’ a cause is limited. Slacktivism, as used in much of today’s popular discourse, is defined as ‘feel-good online activism [with] zero political or social impact’ (Morozov, 2009). Here, a survey-based analysis investigates social videos’ impacts on U.K. and U.S. viewers. Results show that the stronger viewers’ motivations are to share to help a cause, the stronger their motivations are to find out more afterwards. Further, a case study shows that social videos that motivate viewers to share the video ‘because it’s for a good cause, and I want to help’ (cause-related sharing versus, for example, to appear knowledgeable about a subject), can also prompt real-life actions, including donations. These results indicate that cause-related video sharing does have an impact, and therefore is not slacktivism by Morozov’s definition. Preliminary analysis suggests that of viewers sharing to ‘help’ causes, those discriminating in their choice of sharing audience (narrow vs. broad) are more likely to further engage than indiscriminate sharers. Result patterns from U.S. narrowcast sharers differ from those of other groups, indicating that tie strength and cultural differences may play a role in modifying slacktivist behaviors….(More)”

European Policy: A Nudge in the Right Direction


Snyder, Madeleine in the Harvard International Review: A man in the UK opens his email after receiving his monthly energy bill. Along with a smorgasbord of information about energy conservation and his current spending on energy, he sees how much he could potentially save by doing small things, like insulating doors and windows and using more efficient light bulbs. The next day at the supermarket he passes an aisle filled with draft blockers and LED lights. Remembering the email and that potential 200 pound saving, he purchases three energy efficient light bulbs and schedules to have his door reinsulated. This is one example of a new technique the UK government is using to encourage citizens to be ecofriendly, while avoiding the pitfalls of expensive public policy.

In 2010, the UK partnered with an intelligence and consulting company to give its more ineffective and expensive policies a nudge in the right direction. The aptly named Nudge Unit, or more formally, the Behavioral Insights Team (BIT) is co-directed by the UK Cabinet Office and Nesta, the leading UK charity for innovation. The BIT uses ‘nudging’, or’behavioral insights’, at the intersection of psychology, political theory, behavioral economics, and social anthropology, to engineer more effective and efficient policy to influence social behavior. Policy goals range from getting more people to save for a pension or actively look for a job if they become unemployed, to encouraging people to recycle or donate to charity.

But what exactly counts as a ‘nudge’? According to Richard Thaler and Cass Sunstein, authors of the book Nudge, it is “any aspect of the choice architecture that alters people’s behavior in a predictable way without forbidding any options or significantly changing their economic incentives. “Thus including more footage of actors recycling in popular TV shows counts as nudging, but limiting trash collection to once a month and expanding recycling pickup to twice a week does not. Nudging is all about using incentives, responses, and psychology to design effective policy.

Beyond working closely with the UK government, the BIT helps other companies, small businesses, and charities use behavioral insights to improve internal affairs and productivity. …

The key to BIT policy and the bulk of step three is the Easy, Attractive, Social, and Timely (EAST) set of insights. Study results from the BIT indicate that the most effective policies incorporate all four of these….(More)”.

From “Economic Man” to Behavioral Economics


Justin Fox at the Harvard Business Review: “When we make decisions, we make mistakes. We all know this from personal experience, of course. But just in case we didn’t, a seemingly unending stream of experimental evidence in recent years has documented the human penchant for error. This line of research—dubbed heuristics and biases, although you may be more familiar with its offshoot, behavioral economics—has become the dominant academic approach to understanding decisions. Its practitioners have had a major influence on business, government, and financial markets. Their books—Predictably Irrational; Thinking, Fast and Slow; and Nudge, to name three of the most important—have suffused popular culture.

So far, so good. This research has been enormously informative and valuable. Our world, and our understanding of decision making, would be much poorer without it.

It is not, however, the only useful way to think about making decisions. Even if you restrict your view to the academic discussion, there are three distinct schools of thought. Although heuristics and biases is currently dominant, for the past half century it has interacted with and sometimes battled with the other two, one of which has a formal name—decision analysis—and the other of which can perhaps best be characterized as demonstrating that we humans aren’t as dumb as we look.

Adherents of the three schools have engaged in fierce debates, and although things have settled down lately, major differences persist. This isn’t like David Lodge’s aphorism about academic politics being so vicious because the stakes are so small. Decision making is important, and decision scholars have had real influence.

This article briefly tells the story of where the different streams arose and how they have interacted, beginning with the explosion of interest in the field during and after World War II (for a longer view, see “A Brief History of Decision Making,” by Leigh Buchanan and Andrew O’Connell, HBR, January 2006). The goal is to make you a more informed consumer of decision advice—which just might make you a better decision maker….(More)”

Why a nudge is not enough: A social identity critique of governance by stealth


Paper by Frank Mols et al in the European Journal of Political Research: “Policy makers can use four different modes of governance: ‘hierarchy’, ‘markets’, ‘networks’ and ‘persuasion’. In this article, it is argued that ‘nudging’ represents a distinct (fifth) mode of governance. The effectiveness of nudging as a means of bringing about lasting behaviour change is questioned and it is argued that evidence for its success ignores the facts that many successful nudges are not in fact nudges; that there are instances when nudges backfire; and that there may be ethical concerns associated with nudges. Instead, and in contrast to nudging, behaviour change is more likely to be enduring where it involves social identity change and norm internalisation. The article concludes by urging public policy scholars to engage with the social identity literature on ‘social influence’, and the idea that those promoting lasting behaviour change need to engage with people not as individual cognitive misers, but as members of groups whose norms they internalise and enact. …(Also)”