Supporting public decision making in policy deliberations: An ontological approach

This is the post-print version of the Paper. The official published version can be accessed from the link below - Copyright @ 2011 SpringerSupporting public decision making in policy deliberations has been a key objective of eParticipation which is an emerging area of eGovernment. EParticipation aims to enhance citizen involvement in public governance activities through the use of information and communication technologies. An innovative approach towards this objective is exploiting the potentials of semantic web technologies centred on conceptual knowledge models in the form of ontologies. Ontologies are generally defined as explicit human and computer shared views on the world of particular domains. In this paper, the potentials and benefits of using ontologies for policy deliberation processes are discussed. Previous work is then extended and synthesised to develop a deliberation ontology. The ontology aims to define the necessary semantics in order to structure and interrelate the stages and various activities of deliberation processes with legal information, participant stakeholders and their associated arguments. The practical implications of the proposed framework are illustrated.This work is funded by the European Commission under the 2006/1 eParticipation call

The Case for CAPSL: Architectural Solutions to Licensing and Distribution in Emerging Music Markets

Compulsory licensing in music has paved the way for a limited class of new noninteractive services. However, innovation and competition are stifled in the field of interactive or otherwise novel services due to high transaction costs inherent in direct licensing. While the creation of a new compulsory license available to a wider array of services may facilitate growth and diversity in new markets, it is unlikely that the legislative process can deliver a new compulsory regime in time to serve relevant interests. Furthermore, the risk exists that legislation written in response to contemporary technology will likely fail to recognize the diversity within the music industry, and therefore will underserve both artists and potential licensees. As such, this brief argues for the creation and adoption of a new standardized protocol for artists and labels to announce the availability of new content with attached standardized licensing terms for automated integration into the catalogs of new or existing digital music services. Such a protocol would allow for automated systems of pricing, distribution, and tracking to reduce transaction costs, increase market transparency, and commodify user participation

The Failed Reform: Congressional Crackdown on Repeat Chapter 13 Bankruptcy Filers

After decades of lobbying to “get tough” on bankruptcy repeat filers, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The Bankruptcy Code now requires that the automatic stay, which prevents creditors from pursuing the property of bankruptcy debtors, expires after thirty days for petitioners who file for bankruptcy within one year of a previously failed petition. Debtors can file a motion to extend the stay, but there is a presumption of a bad faith filing, only overcome if a debtor can show there has been a “substantial change in his or her financial or personal affairs” that makes discharge likely. Despite the Congressional focus on repeat filers, there has been little scholarly study of them. This study uses a national random sample to analyze post-BAPCPA repeat filers. I find that even post-BAPCPA, there is a significant number of repeat filers. Indeed, 14.7% of all bankruptcy petitions filed in 2007 were repeaters, and of Chapter 13 repeat filers, 69% filed a new petition within a year after a previous petition’s failure. Further, the strict new Congressional rules for repeat filers have effected little practical change: 98% of petitions to extend the automatic stay are granted, even though the majority of repeat filers provide no evidence of changed circumstances. Based on these findings, interviews with bankruptcy judges, trustees, and lawyers, and analysis of relevant case law, I explain why BAPCPA’s crack-down on repeat filers has effected little practical change, and argue that effectively tackling the refiler problem will likely require very different tactics than those employed in BAPCPA

Building-in quality rather than assessing quality afterwards: a technological solution to ensuring computational accuracy in learning materials

[Abstract]: Quality encompasses a very broad range of ideas in learning materials, yet the accuracy of the content is often overlooked as a measure of quality. Various aspects of accuracy are briefly considered, and the issue of computational accuracy is then considered further. When learning materials are produced containing the results of mathematical computations, accuracy is essential: but how can the results of these computations be known to be correct? A solution is to embed the instructions for performing the calculations in the materials, and let the computer calculate the result and place it in the text. In this way, quality is built into the learning materials by design, not evaluated after the event. This is all accomplished using the ideas of literate programming, applied to the learning materials context. A small example demonstrates how remarkably easy the ideas are to apply in practice using the appropriate technology. Given that the technology is available and is easy to use, it would appear imperative that the approach discussed is adopted to improve quality in learning materials containing computational results

Regulating Data as Property: A New Construct for Moving Forward

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership of digital information be achieved? How can those rights be transferred and enforced? Those calls for data ownership emphasize the impact of ownership on the automotive industry and the vast quantities of operational data which smart automobiles and self-driving vehicles will produce. We looked at how, if at all, the issue was being considered in consumer-facing statements addressing the data being collected by their vehicles. To formulate our proposal, we also considered continued advances in scientific research, quantum mechanics, and quantum computing which confirm that information in any digital or electronic medium is, and always has been, physical, tangible matter. Yet, to date, data regulation has sought to adapt legal constructs for “intangible” intellectual property or to express a series of permissions and constraints tied to specific classifications of data (such as personally identifiable information). We examined legal reforms that were recently approved by the United Nations Commission on International Trade Law to enable transactions involving electronic transferable records, as well as prior reforms adopted in the United States Uniform Commercial Code and Federal law to enable similar transactions involving digital records that were, historically, physical assets (such as promissory notes or chattel paper). Finally, we surveyed prior academic scholarship in the U.S. and Europe to determine if the physical attributes of digital data had been previously considered in the vigorous debates on how to regulate personal information or the extent, if at all, that the solutions developed for transferable records had been considered for larger classes of digital assets. Based on the preceding, we propose that regulation of digital information assets, and clear concepts of ownership, can be built on existing legal constructs that have enabled electronic commercial practices. We propose a property rules construct that clearly defines a right to own digital information arises upon creation (whether by keystroke or machine), and suggest when and how that right attaches to specific data though the exercise of technological controls. This construct will enable faster, better adaptations of new rules for the ever-evolving portfolio of data assets being created around the world. This approach will also create more predictable, scalable, and extensible mechanisms for regulating data and is consistent with, and may improve the exercise and enforcement of, rights regarding personal information. We conclude by highlighting existing technologies and their potential to support this construct and begin an inventory of the steps necessary to further proceed with this process