Games, Powers and Democracies


Book by Gianluca Sgueo; “The book aims at discussing the promises and the challenges behind the use of gamification in public governance, both at the national and supranational levels.

In the first part it will review the landscape of gamification, take a brief look at its history, provide definitions and examples of its application within the private and public sectors (at the national level), and introduce the readers to a number of problems linked with the use of gamification (with no aim at being comprehensive).

The second part of the proposed book will shift the focus from the descriptive to the problematic analysis of gamification in governance.Building on previous parts, the third section of the proposed book will venture beyond the empirical analysis and will address the impact of gamification strategies on participatory democracy in the national and supranational legal spaces.

Here an extract from the book: Foreword and part of Chapter 1….(More)”.

Google.gov


Adam J. White at New Atlantis: “Google exists to answer our small questions. But how will we answer larger questions about Google itself? Is it a monopoly? Does it exert too much power over our lives? Should the government regulate it as a public utility — or even break it up?

In recent months, public concerns about Google have become more pronounced. This February, the New York Times Magazine published “The Case Against Google,” a blistering account of how “the search giant is squelching competition before it begins.” The Wall Street Journal published a similar article in January on the “antitrust case” against Google, along with Facebook and Amazon, whose market shares it compared to Standard Oil and AT&T at their peaks. Here and elsewhere, a wide array of reporters and commentators have reflected on Google’s immense power — not only over its competitors, but over each of us and the information we access — and suggested that the traditional antitrust remedies of regulation or breakup may be necessary to rein Google in.

Dreams of war between Google and government, however, obscure a much different relationship that may emerge between them — particularly between Google and progressive government. For eight years, Google and the Obama administration forged a uniquely close relationship. Their special bond is best ascribed not to the revolving door, although hundreds of meetings were held between the two; nor to crony capitalism, although hundreds of people have switched jobs from Google to the Obama administration or vice versa; nor to lobbying prowess, although Google is one of the top corporate lobbyists.

Rather, the ultimate source of the special bond between Google and the Obama White House — and modern progressive government more broadly — has been their common ethos. Both view society’s challenges today as social-engineering problems, whose resolutions depend mainly on facts and objective reasoning. Both view information as being at once ruthlessly value-free and yet, when properly grasped, a powerful force for ideological and social reform. And so both aspire to reshape Americans’ informational context, ensuring that we make choices based only upon what they consider the right kinds of facts — while denying that there would be any values or politics embedded in the effort.

Addressing an M.I.T. sports-analytics conference in February, former President Obama said that Google, Facebook, and prominent Internet services are “not just an invisible platform, but they are shaping our culture in powerful ways.” Focusing specifically on recent outcries over “fake news,” he warned that if Google and other platforms enable every American to personalize his or her own news sources, it is “very difficult to figure out how democracy works over the long term.” But instead of treating these tech companies as public threats to be regulated or broken up, Obama offered a much more conciliatory resolution, calling for them to be treated as public goods:

I do think that the large platforms — Google and Facebook being the most obvious, but Twitter and others as well that are part of that ecosystem — have to have a conversation about their business model that recognizes they are a public good as well as a commercial enterprise.

This approach, if Google were to accept it, could be immensely consequential….(More)”.

A platform that puts political lobbying back into the hands of everyday people


Michael Krumholtz at StartUpBeat: “Amit Thakkar saw first hand how messy and inefficient politics can be from the inside. While working as a political consultant for a decade, Thakkar said he became frustrated with seeing the same old players decide policy with almost no influence from actual constituents or voters.

That’s a large part of why he decided to create LawMaker.io, which bills itself as a revolutionary platform that gives those in the U.S. the chance to create propositions for new laws through crowdsourcing. That allows for support to build for popular ideas that are eventually handed over to legislators to propose them as real laws. Touting itself as a “free lobby for the lobbyless,” Thakkar said its a platform that could very much change the face of U.S. democracy.

“It didn’t make sense to me that such a small group of wealthy and well-connected people had such an outsized influence on the laws that are written and the way our government works,” he told Techli. “I knew there needed to be a free way that all Americans could propose common-sense ideas for laws and influence elected officials in a way that benefitted all Americans instead of just a powerful few.”

Lawmaker.io works by finding ideas at the ground level that can shape politics and then making sure it gets a wider audience after a user proposes a policy idea. It’s then shared widely by the user and suggestions are made for possible amendments to the initial proposal. Support is then gathered until the idea has at least 100 registered supporters and it is eventually sent off to the appropriate legislators.

LawMaker.io recently held its 2nd Lawmaker Challenge to offer up a winning policy proposal to legislators. As the Supreme Court’s Citizen United has become so influential in allowing big money to essentially buy politics, the winning proposal looked to reverse the impacts of the decision and shift back influence to voters over the power of wealthy interests….(More)”.

Charting a course to government by the crowd, for the crowd


Nils Röper at The Conversation: “It is a bitter irony that politicians lament the threat to democracy posed by the internet, instead of exploiting its potential to enhance the existing system. Hackers and bots may help to sway elections, but modern technology has allowed the power of the multitude to positively disrupt the world of business and beyond. Now, crowdsourcing should be allowed to shake up the lawmaking process to make democracies more participatory and efficient.

The crowd clearly can be harnessed, whether it is Apple outsourcing the creation of apps, Wikipedia amassing an encyclopedia of unprecedented magnitude, or National Geographic searching for the Tomb of Genghis Khan. If we can agree that the most important factor of a responsive democracy is participation, then there must be a way to capitalise on this collective intelligence.

In fact, political participation hasn’t been this easy since the first days of democracy in Athens 2,500 years ago. Modern social media can turn into a reality the utopian vision of direct civic engagement on a massive scale. Lawmaking can now be married to public consent through technology. The crowd can be unleashed.

Sharing a platform

Governments haven’t completely missed out. Iceland used crowdsourcing to include citizens in its constitutional reform beginning in 2010, while petition websites are increasingly common and have forced parliamentary debates in the UK. US federal agencies have initiated “national dialogues” on topics of public concern and, in many US municipalities, citizens can provide input on budget decisions online and follow instantaneously whether items make it into the budget.

These initiatives show promise in improving what goes into and what comes out of the process of government. However, they are on too small a scale to counter what many believe to be a period of fundamental democratic disenchantment. That is why government needs to throw its weight behind a full online system through which citizens can easily access all ongoing legislative initiatives and provide input during periods of public consultation. That is a challenge, but not mission impossible. Over 2016/2017 a little over 200 bills were introduced in the UK’s parliament.

It could put the power of participation in the hands of the people, and grant greater legitimacy to government. Through websites and apps, the public would be given an intuitive, one-stop shop for democracy, accessible from any device, and which allowed them to engage no matter where they were – on the beach or on the bus. Registered users would get notifications when new legislation was up for consultation. If the legislation were of interest, it could be bookmarked in order to stay updated.

Users would be able to comment on each paragraph of a draft. Moderators would curate the debate by removing irrelevant and inappropriate content and by continuously summarising the most important and common comments to head off an overflow of information. At the end of the consultation period, the moderators could summarise suggestions, concerns and praise in a memo available to policymakers and the public….(More)”.

The Participation Gap: Social Status and Political Inequality


Book by Russell Dalton: “The dilemma of democracy arises from two contrasting trends. More people in the established democracies are participating in civil society activity, contacting government officials, protesting, and using online activism and other creative forms of participation. At the same time, the importance of social status as an influence on political activity is increasing. The democratic principle of the equality of voice is eroding. The politically rich are getting richer-and the politically needy have less voice.

This book assembles an unprecedented set of international public opinion surveys to identify the individual, institutional, and political factors that produce these trends. New forms of activity place greater demands on participants, raising the importance of social status skills and resources. Civil society activity further widens the participation gap. New norms of citizenship shift how people participate. And generational change and new online forms of activism accentuate this process. Effective and representative government requires a participatory citizenry and equal voice, and participation trends are undermining these outcomes.

The Participation Gap both documents the growing participation gap in contemporary democracies and suggests ways that we can better achieve their theoretical ideal of a participatory citizenry and equal voice….(More)”.

Six or Seven Things Social Media Can Do For Democracy


Ethan Zuckerman: “I am concerned that we’ve not had a robust conversation about what we want social media to do for us.

We know what social media does for platform companies like Facebook and Twitter: it generates enormous masses of user-generated content that can be monetized with advertising, and reams of behavioral data that make that advertising more valuable. Perhaps we have a sense for what social media does for us as individuals, connecting us to distant friends, helping us maintain a lightweight awareness of each other’s lives even when we are not co-present. Or perhaps it’s a machine for disappointment and envy, a window into lives better lived than our own. It’s likely that what social media does for us personally is a deeply idiosyncratic question, dependent on our own lives, psyches and decisions, better discussed with our therapists than spoken about in generalities.

I’m interested in what social media should do for us as citizens in a democracy. We talk about social media as a digital public sphere, invoking Habermas and coffeehouses frequented by the bourgeoisie. Before we ask whether the internet succeeds as a public sphere, we ought to ask whether that’s actually what we want it to be.

I take my lead here from journalism scholar Michael Schudson, who took issue with a hyperbolic statement made by media critic James Carey: “journalism as a practice is unthinkable except in the context of democracy; in fact, journalism is usefully understood as another name for democracy.” For Schudson, this was a step too far. Journalism may be necessary for democracy to function well, but journalism by itself is not democracy and cannot produce democracy. Instead, we should work to understand the “Six or Seven Things News Can Do for Democracy”, the title of an incisive essay Schudson wrote to anchor his book, Why Democracies Need an Unloveable Press….

In this same spirit, I’d like to suggest six or seven things social media can do for democracy. I am neither as learned or as wise as Schudson, so I fully expect readers to offer half a dozen functions that I’ve missed. In the spirit of Schudson’s public forum and Benkler’s digital public sphere, I offer these in the hopes of starting, not ending, a conversation.

Social media can inform us…

Social media can amplify important voices and issues…

Social media can be a tool for connection and solidarity…

Social media can be a space for mobilization…

Social media can be a space for deliberation and debate…

Social media can be a tool for showing us a diversity of views and perspectives…

Social media can be a model for democratically governed spaces…(More).

Democracy doomsday prophets are missing this critical shift


Bruno Kaufmann and Joe Mathews in the Washington Post: “The new conventional wisdom seems to be that electoral democracy is in decline. But this ignores another widespread trend: direct democracy at the local and regional level is booming, even as disillusion with representative government at the national level grows.

Today, 113 of the world’s 117 democratic countries offer their citizens legally or constitutionally established rights to bring forward a citizens’ initiative, referendum or both. And since 1980, roughly 80 percent of countries worldwide have had at least one nationwide referendum or popular vote on a legislative or constitutional issue.

Of all the nationwide popular votes in the history of the world, more than half have taken place in the past 30 years. As of May 2018, almost 2,000 nationwide popular votes on substantive issues have taken place, with 1,059 in Europe, 191 in Africa, 189 in Asia, 181 in the Americas and 115 in Oceania, based on our research.

That is just at the national level. Other major democracies — Germany, the United States and India — do not permit popular votes on substantive issues nationally but support robust direct democracy at the local and regional levels. The number of local votes on issues has so far defied all attempts to count them — they run into the tens of thousands.

This robust democratization, at least when it comes to direct legislation, provides a context that’s generally missing when doomsday prophets suggest that democracy is dying by pointing to authoritarian-leaning leaders like Turkish President Recep Tayyip Erdogan, Russian President Vladimir Putin, Hungarian Prime Minister Viktor Orbán, Philippine President Rodrigo Duterte and U.S. President Donald Trump.

Indeed, the two trends — the rise of populist authoritarianism in some nations and the rise of local and direct democracy in some areas — are related. Frustration is growing with democratic systems at national levels, and yes, some people become more attracted to populism. But some of that frustration is channeled into positive energy — into making local democracy more democratic and direct.

Cities from Seoul to San Francisco are hungry for new and innovative tools that bring citizens into processes of deliberation that allow the people themselves to make decisions and feel invested in government actions. We’ve seen local governments embrace participatory budgeting, participatory planning, citizens’ juries and a host of experimental digital tools in service of that desired mix of greater public deliberation and more direct public action….(More).”

How Citizens Can Hack EU Democracy


Stephen Boucher at Carnegie Europe: “…To connect citizens with the EU’s decisionmaking center, European politicians will need to provide ways to effectively hack this complex system. These democratic hacks need to be visible and accessible, easily and immediately implementable, viable without requiring changes to existing European treaties, and capable of having a traceable impact on policy. Many such devices could be imagined around these principles. Here are three ideas to spur debate.

Hack 1: A Citizens’ Committee for the Future in the European Parliament

The European Parliament has proposed that twenty-seven of the seventy-three seats left vacant by Brexit should be redistributed among the remaining member states. According to one concept, the other forty-six unassigned seats could be used to recruit a contingent of ordinary citizens from around the EU to examine legislation from the long-term perspective of future generations. Such a “Committee for the Future” could be given the power to draft a response to a yearly report on the future produced by the president of the European Parliament, initiate debates on important political themes of their own choosing, make submissions on future-related issues to other committees, and be consulted by members of the European Parliament (MEPs) on longer-term matters.

MEPs could decide to use these forty-six vacant seats to invite this Committee for the Future to sit, at least on a trial basis, with yearly evaluations. This arrangement would have real benefits for EU politics, acting as an antidote to the union’s existential angst and helping the EU think systemically and for the longer term on matters such as artificial intelligence, biodiversity, climate concerns, demography, mobility, and energy.

Hack 2: An EU Participatory Budget

In 1989, the city of Porto Alegre, Brazil, decided to cede control of a share of its annual budget for citizens to decide upon. This practice, known as participatory budgets, has since spread globally. As of 2015, over 1,500 instances of participatory budgets have been implemented across five continents. These processes generally have had a positive impact, with people proving that they take public spending matters seriously.

To replicate these experiences at the European level, the complex realities of EU budgeting would require specific features. First, participative spending probably would need to be both local and related to wider EU priorities in order to ensure that citizens see its relevance and its wider European implications. Second, significant resources would need to be allocated to help citizens come up with and promote projects. For instance, the city of Paris has ensured that each suggested project that meets the eligibility requirements has a desk officer within its administration to liaise with the idea’s promoters. It dedicates significant resources to reach out to citizens, in particular in the poorer neighborhoods of Paris, both online and face-to-face. Similar efforts would need to be deployed across Europe. And third, in order to overcome institutional complexities, the European Parliament would need to work with citizens as part of its role in negotiating the budget with the European Council.

Hack 3: An EU Collective Intelligence Forum

Many ideas have been put forward to address popular dissatisfaction with representative democracy by developing new forums such as policy labs, consensus conferences, and stakeholder facilitation groups. Yet many citizens still feel disenchanted with representative democracy, including at the EU level, where they also strongly distrust lobby groups. They need to be involved more purposefully in policy discussions.

A yearly Deliberative Poll could be run on a matter of significance, ahead of key EU summits and possibly around the president of the commission’s State of the Union address. On the model of the first EU-wide Deliberative Poll, Tomorrow’s Europe, this event would bring together in Brussels a random sample of citizens from all twenty-seven EU member states, and enable them to discuss various social, economic, and foreign policy issues affecting the EU and its member states. This concept would have a number of advantages in terms of promoting democratic participation in EU affairs. By inviting a truly representative sample of citizens to deliberate on complex EU matters over a weekend, within the premises of the European Parliament, the European Parliament would be the focus of a high-profile event that would draw media attention. This would be especially beneficial if—unlike Tomorrow’s Europe—the poll was not held at arm’s length by EU policymakers, but with high-level national officials attending to witness good-quality deliberation remolding citizens’ views….(More)”.

Data Governance in the Digital Age


Centre for International Governance Innovation: “Data is being hailed as “the new oil.” The analogy seems appropriate given the growing amount of data being collected, and the advances made in its gathering, storage, manipulation and use for commercial, social and political purposes.

Big data and its application in artificial intelligence, for example, promises to transform the way we live and work — and will generate considerable wealth in the process. But data’s transformative nature also raises important questions around how the benefits are shared, privacy, public security, openness and democracy, and the institutions that will govern the data revolution.

The delicate interplay between these considerations means that they have to be treated jointly, and at every level of the governance process, from local communities to the international arena. This series of essays by leading scholars and practitioners, which is also published as a special report, will explore topics including the rationale for a data strategy, the role of a data strategy for Canadian industries, and policy considerations for domestic and international data governance…

RATIONALE OF A DATA STRATEGY

THE ROLE OF A DATA STRATEGY FOR CANADIAN INDUSTRIES

BALANCING PRIVACY AND COMMERCIAL VALUES

DOMESTIC POLICY FOR DATA GOVERNANCE

INTERNATIONAL POLICY CONSIDERATIONS

EPILOGUE

The GovLab Selected Readings on Blockchain Technologies and the Governance of Extractives


Curation by Andrew Young, Anders Pedersen, and Stefaan G. Verhulst

Readings developed together with NRGI, within the context of our joint project on Blockchain technologies and the Governance of Extractives. Thanks to Joyce Zhang and Michelle Winowatan for research support.

We need your help! Please share any additional readings on the use of Blockchain Technologies in the Extractives Sector with blockchange@thegovlab.org.  

Introduction

By providing new ways to securely identify individuals and organizations, and record transactions of various types in a distributed manner, blockchain technologies have been heralded as a new tool to address information asymmetries, establish trust and improve governance – particularly around the extraction of oil, gas and other natural resources. At the same time, blockchain technologies are been experimented with to optimize certain parts of the extractives value chain – potentially decreasing transparency and accountability while making governance harder to implement.

Across the expansive and complex extractives sector, blockchain technologies are believed to have particular potential for improving governance in three key areas:  

  • Beneficial ownership and illicit flows screening: The identity of those who benefit, through ownership, from companies that extract natural resources is often hidden – potentially contributing to tax evasion, challenges to global sanction regimes, corruption and money laundering.
  • Land registration, licensing and contracting transparency: To ensure companies extract resources responsibly and comply with rules and fee requirements, effective governance and a process to determine who has the rights to extract natural resources, under what conditions, and who is entitled to the land is essential.
  • Commodity trading and supply chain transparency: The commodity trading sector is facing substantive challenges in assessing and verifying the authenticity of for example oil trades. Costly time is spent by commodity traders reviewing documentation of often poor quality. The expectation of the sector is firstly to eliminate time spent verifying the authenticity of traded goods and secondly to reduce the risk premium on trades. Transactions from resources and commodities trades are often opaque and secretive, allowing for governments and companies to conceal how much money they receive from trading, and leading to corruption and evasion of taxation.

In the below we provide a selection of the nascent but growing literature on Blockchain Technologies and Extractives across six categories:

Selected Readings 

Blockchain Technologies and Extractives – Promise and Current Potential

Adams, Richard, Beth Kewell, Glenn Parry. “Blockchain for Good? Digital Ledger Technology and Sustainable Development Goals.” Handbook of Sustainability and Social Science Research. October 27, 2017.

  • This chapter in the Handbook of Sustainability and Social Science Research seeks to reflect and explore the different ways Blockchain for Good (B4G) projects can provide social and environmental benefits under the UN’s Sustainable Goals framework
  • The authors describe the main categories in which blockchain can achieve social impact: mining/consensus algorithms that reward good behavior, benefits linked to currency use in the form of “colored coins,” innovations in supply chain, innovations in government, enabling the sharing economy, and fostering financial inclusion.
  • The chapter concludes that with B4G there is also inevitably “Blockchain for Bad.” There is already critique and failures of DLTs such as the DAO, and more research must be done to identify whether DLTs can provide a more decentralized, egalitarian society, or if they will ultimately be another tool for control and surveillance by organizations and government.

Cullinane, Bernadette, and Randy Wilson. “Transforming the Oil and Gas Industry through Blockchain.” Official Journal of the Australian Institute of Energy News, p 9-10, December 2017.

  • In this article, Cullinane and Wilson explore blockchain’s application in the oil and gas industry “presents a particularly compelling opportunity…due to the high transactional values, associated risks and relentless pressure to reduce costs.”
  • The authors elaborate four areas where blockchain can benefit play a role in transforming the oil and gas industry:
    • Supply chain management
    • Smart contracts
    • Record management
    • Cross-border payments

Da Silva, Filipe M., and Ankita Jaitly. “Blockchain in Natural Resources: Hedging Against Volatile Prices.” Tata Consultancy Services Ltd., 2018.

  • The authors of this white paper assess the readiness of natural resources industries for blockchain technology application, identify areas where blockchain can add value, and outline a strategic plan for its adoption.
  • In particular, they highlight the potential for blockchain in the oil and gas industry to simplify payments, where for example, gas can be delivered directly to consumer homes using a blockchain smart contracting application.

Halford-Thompson, Guy. “Powered by Blockchain: Reinventing Information Management in the Energy Space.” BTL, May 12, 2017.

  • According to Halford-Thompson, “oil and gas companies are exploring blockchain’s promise to revamp inefficient internal processes and achieve significant reductions in operating costs through the automation of record keeping and messaging, the digitization of the supply chain information flow, and the elimination of reconciliation, among many other data management use cases.”
  • The data reconciliation process, for one, is complex and can require significant time for completion. Blockchain technology could not only remove the need for some steps in the information reconciliation process, but also eliminate the need for reconciliation altogether in some instances.

Blockchain Technologies and the Governance of Extractives

(See also: Selected Readings of Blockchain Technologies and its Potential to Transform Governance)

Koeppen, Mark, David Shrier, and Morgan Bazilian. “Is Blockchain’s Future in Oil and Gas Transformative Or Transient? Deloitte, 2017.

  • In this report, the authors propose four areas that blockchain can improve for the oil and gas industry, which are:
    • Transparency and compliance: Employment of blockchain is predicted to significantly reduce cost related to compliance, since it securely makes information available to all parties involved in the supply chain.
    • Cyber threats and security: The industry faces constant digital security threat and blockchain provides a solution to address this issue.
    • Mid-volume trading/third party impacts: They argue that the “boundaries between asset classes will blur as cash, energy products and other commodities, from industrial components to apples could all become digital assets trading interoperably.”
    • Smart contract: Since the “sheer size and volume of contracts and transactions to execute capital projects in oil and gas have historically caused significant reconciliation and tracking issues among contractors, sub-contractors, and suppliers,” blockchain-enabled smart contracts could improve the process by executing automatically after all requirements are met, and boosting contract efficiency and protecting each party from volatile pricing.

Mawet, Pierre, and Michael Insogna. “Unlocking the Potential of Blockchain in Oil and Gas Supply Chains.” Accenture Energy Blog, November 21, 2016.

  • The authors propose three ways blockchain technology can boost productivity and efficiency in oil and gas industry:
    • “Greater process efficiency. Smart contracts, for example, can be held in a blockchain transaction with party compliance confirmed through follow-on transactions, reducing third-party supervision and paper-based contracting, thus helping reduce cost and overhead.”
    • “Compliance. Visibility is essential to improve supply chain performance. The immutable record of transactions can aid in product traceability and asset tracking.”
    • “Data transfer from IoT sensors. Blockchain could be used to track the unique history of a device, with the distributed ledger recording data transfer from multiple sensors. Data security in devices could be safeguarded by unique blockchain characteristics.”

Som, Indranil. “Blockchain: Radically Changing the Mining Paradigm.” Digitalist, September 27, 2017.

  • In this article, Som proposes three ways that the blockchain technology can “support leaner organizations and increased security” in the mining industry: improving cybersecurity, increasing transparency through smart contracts, and providing visibility into the supply chain.

Identity: Beneficial Ownership and Illicit Flows

(See also: Selected Readings on Blockchain Technologies and Identity).

de Jong, Julia, Alexander Meyer, and Jeffrey Owens. “Using blockchain for transparent beneficial ownership registers. International Tax Review, June 2017.

  • This paper discusses the features of blockchain and distributed ledger technology that can improve collection and distribution of information on beneficial ownership.
  • The FATF and OECD Global Forum regimes have identified a number of common problems related to beneficial ownership information across all jurisdictions, including:
    • “Insufficient accuracy and accessibility of company identification and ownership information;
    • Less rigorous implementation of customer due-diligence (CDD) measures by key gatekeepers such as lawyers, accountants, and trust and company service providers; and
    • Obstacles to information sharing such as data protection and privacy laws, which impede competent authorities from receiving timely access to adequate, accurate and up-to-date information on basic legal and beneficial ownership.”
  • The authors argue that the transparency, immutability, and security offered by blockchain makes it ideally suited for record-keeping, particularly with regards to the ownership of assets. Thus, blockchain can address many of the shortcomings in the current system as identified by the FATF and the OECD.
  • They go on to suggest that a global registry of beneficial ownership using blockchain technology would offer the following benefits:
    • Ensuring real-time accuracy and verification of ownership information
    • Increasing security and control over sensitive personal and commercial information
    • Enhancing audit transparency
    • Creating the potential for globally-linked registries
    • Reducing corruption and fraud, and increasing trust
    • Reducing compliance burden for regulate entities

Herian, Robert. “Trusteeship in a Post-Trust World: Property, Trusts Law and the Blockchain.” The Open University, 2016.

  • This working paper discusses the often overlooked topic of trusteeship and trusts law and the implications of blockchain technology in the space. 
  • “Smart trusts” on the blockchain will distribute trusteeship across a network and, in theory, remove the need for continuous human intervention in trust fund investments thus resolving key issues around accountability and the potential for any breach of trust.
  • Smart trusts can also increase efficiency and security of transactions, which could improve the overall performance of the investment strategy, thereby creating higher returns for beneficiaries.

Karsten, Jack and Darrell M. West (2018): “Venezuela’s “petro” undermines other cryptocurrencies – and international sanctions.” Brookings, Friday, March 9 2018,

  • This article discusses the Venezuelan government’s cryptocurrency, “petro,” which was launched as a solution to the country’s economic crisis and near-worthless currency, “bolívar”
  • Unlike the volatility of other cryptocurrencies such as Bitcoin and Litecoin, one petro’s price is pegged to the price of one barrel of Venezuelan oil – roughly $60
  • And rather than decentralizing control like most blockchain applications, the petro is subject to arbitrary discount factor adjustment, fluctuating oil prices, and a corrupt government known for manipulating its currency
  • The authors warn the petro will not stabilize the Venezuelan economy since only foreign investors funded the presale, yet (from the White Paper) only Venezuelan citizens can use the cryptocurrency to pay taxes, fees, and other expenses. Rather, they argue, the petro represents an attempt to create foreign capital out of “thin air,” which is not subject to traditional economic sanctions.  

Land Registration, Licensing and Contracting Transparency

Michael Graglia and Christopher Mellon. “Blockchain and Property in 2018: At the End of the Beginning.” 2018 World Bank Conference on Land and Poverty, March 19-23, 2018.

  • This paper claims “blockchain makes sense for real estate” because real estate transactions depend on a number of relationships, processes, and intermediaries that must reconcile all transactions and documents for an action to occur. Blockchain and smart contracts can reduce the time and cost of transactions while ensuring secure and transparent record-keeping systems.
  • The ease, efficiency, and security of transactions can also create an “international market for small real estate” in which individuals who cannot afford an entire plot of land can invest small amounts and receive their portion of rental payments automatically through smart contracts.
  • The authors describe seven prerequisites that land registries must fulfill before blockchain can be introduced successfully: accurate data, digitized records, an identity solution, multi-sig wallets, a private or hybrid blockchain, connectivity and a tech aware population, and a trained professional community
  • To achieve the goal of an efficient and secure property registry, the authors propose an 8-level progressive framework through which registries slowly integrate blockchain due to legal complexity of land administration, resulting inertia of existing processes, and high implementation costs.  
    • Level 0 – No Integration
    • Level 1 – Blockchain Recording
    • Level 2 – Smart Workflow
    • Level 3 – Smart Escrow
    • Level 4 – Blockchain Registry
    • Level 5 – Disaggregated Rights
    • Level 6 – Fractional Rights
    • Level 7 – Peer-to-Peer Transactions
    • Level 8 – Interoperability

Thomas, Rod. “Blockchain’s Incompatibility for Use as a Land Registry: Issues of Definition, Feasibility and Risk. European Property Law Journal, vol. 6, no. 3, May 2017.

  • Thomas argues that blockchain, as it is currently understood and defined, is unsuited for the transfer of real property rights because it fails to address the need for independent verification and control.
  • Under a blockchain-based system, coin holders would be in complete control of the recordation of the title interests of their land, and thus, it would be unlikely that they would report competing or contested claims.
  • Since land remains in the public domain, the risk of third party possessory title claims are likely to occur; and over time, these risks will only increase exponentially.
  • A blockchain-based land title represents interlinking and sequential transactions over many hundreds, if not thousands, of years, so given the misinformation that would compound over time, it would be difficult to trust the current title holder has a correctly recorded title
  • The author concludes that supporters of blockchain for land registries frequently overlook a registry’s primary function to provide an independent verification of the provenance of stored data.

Vos, Jacob, Christiaan Lemmen, and Bert Beentjes. “Blockchain-Based Land Registry: Panacea, Illusion or Something In Between? 2017 World Bank Conference on Land and Poverty, March 20-24, 2017.

  • The authors propose that blockchain is best suited for the following steps in land administration:
    • The issuance of titles
    • The archiving of transactions – specifically in countries that do not have a reliable electronic system of transfer of ownership
  • The step in between issuing titles and archiving transactions is the most complex – the registration of the transaction. This step includes complex relationships between the “triple” of land administration: rights (right in rem and/or personal rights), object (spatial unit), and subject (title holder). For the most part, this step is done manually by registrars, and it is questionable whether blockchain technology, in the form of smart contracts, will be able to process these complex transactions.
  • The authors conclude that one should not underestimate the complexity of the legal system related to land administration. The standardization of processes may be the threshold to success of blockchain-based land administration. The authors suggest instead of seeking to eliminate one party from the process, technologists should cooperate with legal and geodetic professionals to create a system of checks and balances to successfully implement blockchain for land administration.  
  • This paper also outlines five blockchain-based land administration projects launched in Ghana, Honduras, Sweden, Georgia, and Cook County, Illinois.

Commodity Trading and Supply Chain Transparency

Ahmed, Shabir. “Leveraging Blockchain to Revolutionise the Mining Industry.” SAP News, February 27, 2018.

  • In this article, Ahmed identifies seven key use cases for blockchain in the mining industry:
    • Automation of ore acquisition and transfer;
    • Automatic registration of mineral rights and IP;
    • Visibility of ore inventory at ports;
    • Automatic cargo hire process;
    • Process and secure large amounts of IoT data;
    • Reconciling amount produced and sent for processing;
    • Automatically execute procurement and other contracts.

Brooks, Michael. “Blockchain and the Fight Against Illicit Financial Flows.” The Policy Corner, February 19, 2018.

  • In this article, Brooks argues that, “Because of the inherent decentralization and immutability of data within blockchains, it offers a unique opportunity to bypass traditional tracking and transparency initiatives that require strong central governance and low levels of corruption. It could, to a significant extent, bypass the persistent issues of authority and corruption by democratizing information around data consensus, rather than official channels and occasional studies based off limited and often manipulated information. Within the framework of a coherent policy initiative that integrates all relevant stakeholders (states, transnational organizations, businesses, NGOs, other monitors and oversight bodies), a international supply chains supported by blockchain would decrease the ease with which resources can be hidden, numbers altered, and trade misinvoiced.”

Conflict Free Natural Resources.” Global Opportunity Report 2017. Global Opportunity Network, 2017.

  • In this entry from the Global Opportunity Report, and specifically toward the end of ensuring conflict-free natural resources, Blockchain is labeled as “well-suited for tracking objects and transactions, making it possible for virtually anything of value to be traced. This opportunity is about creating transparency and product traceability in supply chains.

Blockchain for Traceability in Minerals and Metals Supply Chains: Opportunities and Challenges.” RCS Global and ICMM, 2017.

  • This report is based on insights generated during the Materials Stewardship Round Table on the potential of BCTs for tracking and tracing metals and minerals supply chains, which subsequently informed an RCS Global research initiative on the topic.
  • Insight into two key areas is increasingly desired by downstream manufacturing companies from upstream producers of metals and minerals: provenance and production methods
  • In particular, the report offers five key potential advantages of using Blockchain for mineral and metal supply chain activities:
    • “Builds consensus and trust around responsible production standards between downstream and upstream companies.
    • The immutability of and decentralized control over a blockchain system minimizes the risk of fraud.
    • Defined datasets can be made accessible in real time to any third party, including downstream buyers, auditors, investors, etc. but at the same time encrypted so as to share a proof of fact rather than confidential information.
    • A blockchain system can be easily scaled to include other producers and supply chains beyond those initially involved.
    • Cost reduction due to the paperless nature of a blockchain-enabled CoC [Chain of Custody] system, the potential reduction of audits, and reduction in transaction costs.”

Van Bockstael, Steve. “The emergence of conflict-free, ethical, and Fair Trade mineral supply chain certification systems: A brief introduction.” The Extractives Industries and Society, vol. 5, issue 1, January 2018.

  • This introduction to a special section considers the emerging field of “‘conflict-free’, ‘fair’ and ‘transparently sourced and traded’ minerals” in global industry supply chains.
  • Van Bockstael describes three areas of practice aimed at increasing supply chain transparency:
    • “Initiatives that explicitly try to sever the links between mining or minerals trading and armed conflict of the funding thereof.”
    • “Initiatives, limited in number yet growing, that are explicitly linked to the internationally recognized ‘Fair Trade’ movement and whose aim it is to source artisanally mined minerals for the Western jewellry industry.”
    • “Initiatives that aim to provide consumers or consumer-facing industries with more ethical, transparent and fair supply chains (often using those concepts in fuzzy and interchangeable ways) that are not linked to the established Fair Trade movement” – including, among others, initiatives using Blockchain technology “to create tamper-proof supply chains.”

Global Governance, Standards and Disclosure Practices

Lafarre, Anne and Christoph Van der Elst. “Blockchain Technology for Corporate Governance and Shareholder Activism.” European Corporate Governance Institute (ECGI) – Law Working Paper No. 390/2018, March 8, 2018.

  • This working paper focuses on the potential benefits of leveraging Blockchain during functions involving shareholder and company decision making. Lafarre and Van der Elst argue that “Blockchain technology can lower shareholder voting costs and the organization costs for companies substantially. Moreover, blockchain technology can increase the speed of decision-making, facilitate fast and efficient involvement of shareholders.”
  • The authors argue that in the field of corporate governance, Blockchain offers two important elements: “transparency – via the verifiable way of recording transactions – and trust – via the immutability of these transactions.”
  • Smart contracting, in particular, is seen as a potential avenue for facilitating the ‘agency relationship’ between board members and the shareholders they represent in corporate decision-making processes.

Myung, San Jun. “Blockchain government – a next for of infrastructure for the twenty-first century.” Journal of Open Innovation: Technology, Market, and Complexity, December 2018.

  • This paper argues the idea that Blockchain represents a new form of infrastructure that, given its core consensus mechanism, could replace existing social apparatuses including bureaucracy.
  • Indeed, Myung argues that blockchain and bureaucracy share a number of attributes:
    • “First, both of them are defined by the rules and execute predetermined rules.
    • Second, both of them work as information processing machines for society.
    • Third, both of them work as trust machines for society.”  
  • The piece concludes with five principles for replacing bureaucracy with blockchain for social organization: “1) introducing Blockchain Statute law; 2) transparent disclosure of data and source code; 3) implementing autonomous executing administration; 4) building a governance system based on direct democracy; and 5) making Distributed Autonomous Government (DAG).  

Peters, Gareth and Vishnia, Guy (2016): “Blockchain Architectures for Electronic Exchange Reporting Requirements: EMIR, Dodd Frank, MiFID I/II, MiFIR, REMIT, Reg NMS and T2S.” University College London, August 31, 2016.

  • This paper offers a solution based on blockchain architectures to the regulations of financial exchanges around the world for trade processing and reporting for execution and clearing. In particular, the authors give a detailed overview of EMIR, Dodd Frank, MiFID I/II, MiFIR, REMIT, Reg NMS and T2S.
  • The authors suggest the increasing amount of data from transaction reporting start to be incorporated on a blockchain ledger in order to harness the built-in security and immutability features of the blockchain to support key regulatory features.
  • Specifically, the authors suggest 1) a permissioned blockchain controlled by a regulator or a consortium of market participants for the maintenance of identity data from market participants and 2) blockchain frameworks such as Enigma to be used to facilitate required transparency and reporting aspects related to identities when performing pre- and post-trade reporting as well as for auditing.

Blockchain Technology and Competition Policy – Issues paper by the Secretariat,” OECD, June 8, 2018.

  • This OECD issues paper poses two key questions about how blockchain technology might increase the relevance of new disclosures practices:
    • “Should competition agencies be given permission to access blockchains? This might enable them to monitor trading prices in real-time, spot suspicious trends, and, when investigating a merger, conduct or market have immediate access to the necessary data without needing to impose burdensome information requests on parties.”
    • “Similarly, easy access to the information on a blockchain for a firm’s owners and head offices would potentially improve the effectiveness of its oversight on its own subsidiaries and foreign holdings. Competition agencies may assume such oversight already exists, but by making it easier and cheaper, a blockchain might make it more effective, which might allow for more effective centralised compliance programmes.”

Michael Pisa and Matt Juden. “Blockchain and Economic Development: Hype vs. Reality.” Center for Global Development Policy Paper, 2017.

  • In this Center for Global Development Policy Paper, the authors examine blockchain’s potential to address four major development challenges: (1) facilitating faster and cheaper international payments, (2) providing a secure digital infrastructure for verifying identity, (3) securing property rights, and (4) making aid disbursement more secure and transparent.
  • The authors conclude that while blockchain may be well suited for certain use cases, the majority of constraints in blockchain-based projects fall outside the scope of technology. Common constraints such as data collection and privacy, governance, and operational resiliency must be addressed before blockchain can be successfully implemented as a solution.

Industry-Specific Case Studies

Chohan, Usman. “Blockchain and the Extractive Industries: Cobalt Case Study,” University of New South Wales, Canberra Discussion Paper Series: Notes on the 21st Century, 2018.

  • In this discussion paper, the author studies the pilot use of blockchain in cobalt mining industry in the Democratic Republic of Congo (DRC). The project tracked the movement of cobalt from artisanal mines through its installation in devices such as smartphones and electric cars.
  • The project records cobalt attributes – weights, dates, times, images, etc. – into the digital ledger to help ensure that cobalt purchases are not contributing to forced child labor or conflict minerals. 

Chohan, Usman. “Blockchain and the Extractive Industries #2: Diamonds Case Study,” University of New South Wales, Canberra Discussion Paper Series: Notes on the 21st Century, 2018.

  • The second case study from Chohan investigates the application of blockchain technology in the extractive industry by studying Anglo-American (AAL) diamond DeBeer’s unit and Everledger’s blockchain projects. 
  • In this study, the author finds that AAL uses blockchain to track gems (carat, color, certificate numbers), starting from extraction and onwards, including when the gems change hands in trade transaction.
  • Like the cobalt pilot, the AAL initiative aims to help avoid supporting conflicts and forced labor, and to improve trading accountability and transparency more generally.