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Comparative Analysis of Innovation Failures and Institutions in Context
In: Houston Law Review, Volume 57, Issue 2
SSRN
Retrospectives: Tragedy of the Commons After 50 Years
International audience Garrett Hardin's "The Tragedy of the Commons" (1968) has been incredibly influential generally and within economics, and it remains important despite some historical and conceptual flaws. Hardin focused on the stress population growth inevitably placed on environmental resources. Unconstrained consumption of a shared resource-a pasture, a highway, a server-by individuals acting in rational pursuit of their self-interest can lead to congestion and worse, rapid depreciation, depletion, and even destruction of the resources. Our societies face similar problems, not only with respect to environmental resources but also with infrastructures, knowledge, and many other shared resources. In this Retrospective, we examine how the tragedy of the commons has fared within the economics literature and its relevance for economic and public policies today. We revisit the original piece to explain Hardin's purpose and conceptual approach. We expose two conceptual mistakes he made, that of conflating resource with governance and conflating open access with commons. This critical discussion leads us to the work of Elinor Ostrom, the recent Nobel Prize in Economics Laureate, who spent her life working on commons. Finally, we discuss a few modern examples of commons governance of shared resources.
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Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework
In: Journal of information policy: JIP, Volume 8, p. 116-166
ISSN: 2158-3897
Abstract
Conceptualizing privacy as information flow rules-in-use constructed within a commons governance arrangement, we adapt the Governing Knowledge Commons (GKC) framework to study the formal and informal governance of information flows. We incorporate Helen Nissenbaum's "privacy as contextual integrity" approach, defining privacy in terms of contextually appropriate flows of personal information. While Nissenbaum's framework treats contextual norms as largely exogenous and emphasizes their normative valence, the GKC framework provides a systematic method to excavate personal information rules-in-use that actually apply in specific situations and interrogate governance mechanisms that shape rules-in-use. The GKC framework thus directs attention beyond information transmission principles to a broader spectrum of rules-in-use for personal information and supports consideration of procedural legitimacy. After discussing how the GKC framework can enrich privacy research, we explore empirical evidence for contextual integrity as governance within the GKC framework through meta-analysis of previous knowledge commons case studies, revealing three governance patterns within the observed rules-in-use for personal information flow. Though constrained by existing literature, our theoretical analysis provides strong justification for a new research agenda using the GKC framework to explore privacy as governance. We conclude by discussing potential implications for policy-makers of viewing privacy through an information governance lens.
Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework
In: Journal of information policy: JIP, Volume 8, Issue 1, p. 116-166
ISSN: 2158-3897
AbstractConceptualizing privacy as information flow rules-in-use constructed within a commons governance arrangement, we adapt the Governing Knowledge Commons (GKC) framework to study the formal and informal governance of information flows. We incorporate Helen Nissenbaum's "privacy as contextual integrity" approach, defining privacy in terms of contextually appropriate flows of personal information. While Nissenbaum's framework treats contextual norms as largely exogenous and emphasizes their normative valence, the GKC framework provides a systematic method to excavate personal information rules-in-use that actually apply in specific situations and interrogate governance mechanisms that shape rules-in-use. The GKC framework thus directs attention beyond information transmission principles to a broader spectrum of rules-in-use for personal information and supports consideration of procedural legitimacy. After discussing how the GKC framework can enrich privacy research, we explore empirical evidence for contextual integrity as governance within the GKC framework through meta-analysis of previous knowledge commons case studies, revealing three governance patterns within the observed rules-in-use for personal information flow. Though constrained by existing literature, our theoretical analysis provides strong justification for a new research agenda using the GKC framework to explore privacy as governance. We conclude by discussing potential implications for policy-makers of viewing privacy through an information governance lens.
Governing smart cities as knowledge commons
In: Cambridge studies on governing knowledge commons
The rise of 'smart' - or technologically advanced - cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and technological questions. The Governing Knowledge Commons (GKC) framework provides a descriptive lens through which to structure case studies examining smart tech deployment and commons governance in different cities. This volume deepens our understanding of community governance institutions, the social dilemmas communities face, and the dynamic relationships between data, technology, and human lives. For students, professors, and practitioners of law and policy dealing with a wide variety of planning, design, and regulatory issues relating to cities, these case studies illustrate options to develop best practice. Available through Open Access, the volume provides detailed guidance for communities deploying smart tech.
Governing privacy in knowledge commons
In: Cambridge studies on governing knowledge commons
Personal information as a knowledge commons resources / Madelyn Rose Sanfilippo, Brett Frischmann and Katherine J. Strandburg -- How private individuals maintain privacy and govern their own health data cooperative : MIDATA in Switzerland / Felix Gille and Effy Vayena -- Pooling mental health data with Chatbots Michael Mattioli -- Privacy in practice : a socio-technical integration research (STIR) study of rules-in-use within institutional research / Kyle M. L. Jones and Chase McCoy -- Public Facebook groups for political activism / Madelyn Rose Sanfilippo and Katherine J. Strandburg -- The republic of letters and the origins of scientific knowledge commons knowledge commons / Michael J. Madison -- Privacy and knowledge production across contexts / Brett Frischmann, Katherine Haenschen and Ari Ezra Waldman -- Governing the Internet of everything / Scott J. Shackelford -- Contextual integrity as a gauge for governing knowledge commons / Yan Shvartzshnaider, Madelyn Rose Sanfilippo and Noah Apthorpe -- Designing for the privacy commons / Darakhshan J. Mir.
Governing privacy in knowledge commons
In: Cambridge studies on governing knowledge commons
Personal information as a knowledge commons resources / Madelyn Rose Sanfilippo, Brett Frischmann and Katherine J. Strandburg -- How private individuals maintain privacy and govern their own health data cooperative : MIDATA in Switzerland / Felix Gille and Effy Vayena -- Pooling mental health data with Chatbots Michael Mattioli -- Privacy in practice : a socio-technical integration research (STIR) study of rules-in-use within institutional research / Kyle M. L. Jones and Chase McCoy -- Public Facebook groups for political activism / Madelyn Rose Sanfilippo and Katherine J. Strandburg -- The republic of letters and the origins of scientific knowledge commons knowledge commons / Michael J. Madison -- Privacy and knowledge production across contexts / Brett Frischmann, Katherine Haenschen and Ari Ezra Waldman -- Governing the Internet of everything / Scott J. Shackelford -- Contextual integrity as a gauge for governing knowledge commons / Yan Shvartzshnaider, Madelyn Rose Sanfilippo and Noah Apthorpe -- Designing for the privacy commons / Darakhshan J. Mir.
SSRN
Working paper
Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework
In: 8 JOURNAL OF INFORMATION POLICY 116 (2018)
SSRN
Governing smart cities as knowledge commons
In: Cambridge studies on governing knowledge commons
The rise of 'smart' - or technologically advanced - cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and technological questions. The Governing Knowledge Commons (GKC) framework provides a descriptive lens through which to structure case studies examining smart tech deployment and commons governance in different cities. This volume deepens our understanding of community governance institutions, the social dilemmas communities face, and the dynamic relationships between data, technology, and human lives. For students, professors, and practitioners of law and policy dealing with a wide variety of planning, design, and regulatory issues relating to cities, these case studies illustrate options to develop best practice. Available through Open Access, the volume provides detailed guidance for communities deploying smart tech
Tragedy revisited
"Freedom in a commons brings ruin to all." So argued ecologist Garrett Hardin in "The Tragedy of the Commons" in the 13 December 1968 issue of Science (1). Hardin questioned society's ability to manage shared resources and avoid an environmentally and socially calamitous free-for-all. In the 50 years since, the essay has influenced discussions ranging from climate change (see page 1217) to evolution, from infectious disease to the internet, and has reached far beyond academic literature—but not without criticism. Considerable work, notably by Nobelist Elinor Ostrom (2) , has challenged Hardin, particularly his emphasis on property rights and government regulatory leviathans as solutions. Instead, research has documented contexts, cases, and principles that reflect the ability of groups to collectively govern common resources. To mark this anniversary and celebrate the richness of research and practice around commons and cooperation, Science invited experts to share some contemporary views on such tragedies and how to avert them. ; IFPRI3; ISI; CRP2; CRP5; 5 Strengthening Institutions and Governance; 1 Fostering Climate-Resilient and Sustainable Food Supply ; EPTD; PIM ; PR ; CGIAR Research Program on Policies, Institutions, and Markets (PIM); CGIAR Research Program on Water, Land and Ecosystems (WLE)
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