1 Notes

In Brazil, Community Lawmaking Process an End, Not Simply a Means

Brazil’s Marco Civil da Internet may demonstrate why good process could trump final outcomes in public decision-making.

For anybody who cares about a healthy Internet or a healthy democracy, Brazil is offering some really important, live examples.

Immediately post-World Cup, that may not be the lede one would expect to read, but it is true.  (As many others have pointed out, this is a country of complicated and interesting political tensions.)

I spent time last week in the country’s capital, Brasilia, learning about the recently-enacted Marco Civil da Internet from representatives in the Presidency, the Ministries of Justice and Culture, and the state telecommunications regulator (ANATEL).  These discussions – and many others with stakeholders from civil society, telecommunications, and the citizenry – are part of a three-week study tour hosted by ITS Rio, whose staff shepherded the bill and thus have a unique perspective on how this law came to fruition.

The Marco Civil is civil legislation that articulates important elements of how the country will regulate privacy, freedom of expression, net neutrality, and a host of other Internet and society issues.  

The substance of the law emerged from colleagues at the Center for Technology and Society of the Law School at the Fundação Getulio Vargas in Rio who had been thinking for some time about how to respond to the country’s only (and inappropriately targeted) legislation about the Internet, which focused on cyber crime.  The country’s former President Lula was also developing an interest in these issues, perhaps due to widespread pressure from Brazilian civil society, and the Ministry of Justice was asked to launch a public consultation about the issue.

In addition to a set of town hall meetings around the country, this government-civil society collaborative deployed a tool unprecedented in Brazilian lawmaking, but appropriate for the topic: an online platform for interested parties to submit their comments, suggestions, ideas, and concerns.  The response from interested parties was significant, and over the course of the next few years, the country managed to pass Internet legislation that is globally viewed as a kind of gold standard.

Since I care about everyday people having greater ownership over the public decisions that affect their lives, I was curious to understand what impact this online public engagement actually had: what about the bill might have been different had the public not participated so robustly?

I asked our government discussants this question and their answer was “no question, it was totally different.”  They said that debates in Congress actually shifted on multiple occasions due to the external inputs that this process channeled.

This was due in part to the high rate of participation among academics, tech elite, and civil society actors who had direct expertise in the technical and political issues under discussion, and also because the organizing team within the government accepted every invitation to debate the merits of the legislation, no matter whom their hosts.

Like any multi-year legislative process, the Marco Civil encountered challenges – not the least of which were the “Snowden revelations,” which brought the bill to the forefront as a potential response by the Brazilian government, but also threatened to pollute its contents with politically-driven provisions that would ultimately be bad for the Internet.   

The final law was approved in April of this year, but many important issues still need to be clarified.  Brazil’s definition of net neutrality and guidelines for which agency will oversee its implementation remain unspecified.  The retention of data (for what purposes, on what grounds, and with what mechanisms) and key aspects of copyright law also need to be clarified.  With elections upcoming, the country waits to see how these major, complicated legal issues will be resolved.

What strikes me most about this case is not actually what it accomplished – there is widespread acknowledgment that the Marco Civil is incomplete – but rather the process by which it was developed. 

We heard time and again that this inclusive, responsive, transparent, and digital process was just as important, if not more important, than the outcomes.  We also heard widespread desire to repurpose the same process on other policy issues.

It is likely because this particular set of internet and society issues is embedded with a particular set of values about openness, sharing, and collaboration, that a public governance process that was deliberately and digitally consultative emerged.  My colleague Primavera De Filippi observed that this process was probably the best calibrated it could have been for the people who most care about this issue (let’s call them political tech geeks).  Process matched subject, values, and participants in a very elegant and complete manner.

Skeptics might ask: if we were to debate agricultural issues, would an online platform be the best way to capture the opinions of the people who most know and care about that issue?  And should we design our participatory platforms for those with the highest of stakes in the issues?  I am not convinced that an online platform is necessarily the best tool for soliciting public opinion on public problems (internet penetration in Brazil is about 67 percent), nor that we should design participation mechanisms to suit the people who are most likely to engage.  

However, I have come away with the opinion that our American governing context is overly attached to our issues.  There are no “wins” without issue advancement (see: Congressional blockage).  Here in Brazil, a “win” has been reframed in this instance to balance participatory process with issue advancement, highlighting the role of public servants as masters of good process, not simply issue advocacy.  

In the United States, public trust in governance is at record lows – and I have observed through recent research that Americans are barely able to even perceive the presence and resources of government in their lives, even though they benefit from it multiple times per day.  If our mechanisms for public problem-solving looked more like that of the Marco CiviI, might we more meaningfully utilize our opportunities to influence policy?

I am reminded this week that an open society should not just enforce issues such as net neutrality and open data – although those are ever more important – but should credibly use open practices for everyday people and for public officials to jointly shape legislation in the public interest.  The vibrance of Brazil’s Internet is still an open question, but we can all learn from a process that was credibly participatory.

//

About ITS Rio

The mission of the Institute for Technology & Society (ITS) is to ensure that Brazil responds creatively and appropriately to the opportunities provided by technology in the digital age, and that the potential benefits are broadly shared across society. Through its own research and in partnership with other institutions, ITS analyzes the legal, social, economic and cultural dimensions of technology and advocates for public policies and private practices which protect privacy, freedom of expression and access to knowledge. The Institute also offers innovative education, training and capacity development to individuals and institutions to enable them to understand the promises and challenges of new technology. Last, not least, ITS aims to strengthen the voice of Brazil, Latin America and the Global South in international debates on technology and its regulation.

www.itsrio.org

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Scenes from the beautiful Santa Teresa neighborhood in Rio de Janeiro, Brazil.  

#ArtEverywhere

1 Notes

I’m blessed to be spending the next few weeks in Brasil with ITS Rio as part of their inaugural fellowship program.  

We launched the experience today in Rio de Janeiro, a place where one can’t help but be struck deeply by the natural and built environment.

Rio de Janeiro, Brasil
Summer 2014

1 Notes

Cyanotype of Ipswich, MA in late 1800s.  On view at the Museum of Fine Arts.  Self-portrait reflected in the glass incidental and unavoidable.
Summer 2014

Cyanotype of Ipswich, MA in late 1800s.  On view at the Museum of Fine Arts.  Self-portrait reflected in the glass incidental and unavoidable.

Summer 2014

2 Notes

fel·low·ship // ˈfelōˌSHip

image
noun: fellowship
  1. friendly association, especially with people who share one’s interests.
  2. group of people meeting to pursue a shared interest or aim.
  3. a guild or corporation.

I am pleased to share that I’ll be participating in two new communities, learning from some friendly folks who definitely share some my interests and aims.  We may not be a guild yet, but there’s always time for that …

This July, I’ll travel to Brazil to spend three weeks as Global Policy Fellow at ITS Rio.  Among other accomplishments, ITS Rio is largely responsible for Brazil’s Marco Civil da Internet, a piece of legislation that drove broad-scale public discussion about how the country should govern internet rights, including privacy, net neutrality, and freedom of expression.  I am very much looking forward to understanding from key players themselves how this change is unfolding, what impact it has had thus far, and what results can be learned for my own country context. 

Then starting in September, I will be joining the Berkman Center for Internet and Society at Harvard University as a Fellow, alongside an awesome group of individuals who I hope to learn from as peers in the study of civic and public life.  I anticipate working on two projects. The first is about 21st century girlhood: Who is the 21st century girl?  What shapes her aspirations and sense of self-efficacy?  How is technology affecting the social and economic institutions that shape her reality? The second project will explore my recent observation that Americans have a very hard time perceiving the presence, authority, and resources of government in their everyday lives.  Why are we Americans so poor at identifying the presence of government in our lives?  What might we do to make government’s role and function visible to its residents?

I’m grateful to both ITS Rio and the Berkman Center for offering these opportunities to build community around the work I do, and I’m looking forward to a great experience!

Notes

Chicago, IL

Spring 2014

Notes

8 Ways to Make Public Meetings Amazing!

photo (22).JPG

Last week, in Phoenix, Arizona, we witnessed the death of a public meeting.  

It is a short and sad story, so I will get to the point: a meeting that began with eight members of  the public dwindled to zero after about 45 minutes.

After the local planning committee committee granted a continuance to a developer (planning lingo for “you can have more time to get community residents to agree with your development plan”), the developer’s representative, an older neighborhood resident who had quarreled with him, and two other attendees left.  A mother and son duo stuck around for about 10 minutes after that, holding down the “public” element of the meeting.  But the planning committee was conducting a discussion among themselves without any input from the audience (and perhaps there was dinner and homework to be done still), so mom and son left.  And then even our research team had to go.  Down to zero and no longer “public.”

This all got us thinking: if a community meeting falls in the forest and nobody hears it, did it actually happen?

But seriously, how could we re-design the local public meeting so that people come in droves to get involved in the discussion?  

This is a problem everywhere in America, not just in Phoenix.  Generally, but not always, these committees oversee zoning and licensing decisions, they provide neighborhood input for city-level initiatives, and serve as the collective conscience of a neighborhood or community.  Some meetings are better attended than others, depending on the role and function of the entities governing the most local level of governance.

Importantly, these meetings are usually the most open and accessible interface for citizens to engage themselves in the activities of their local government.  It is how we make sense of the challenges around us, and work with the people who have the authority to fix them.

With that in mind, we came up with 8 ideas that we think would at least advance the status quo of public meetings.  Very curious to hear your feedback, so please send it along!

Short version:

  1. Public meetings should be explanatory as a design principle.
  2. Make the room layout inclusive, easy to maneuver in, and welcoming.
  3. Focus meeting content on what is best accomplished in a public setting.
  4. Train all community meeting chairs in facilitation techniques.
  5. Host a singles mixer at the end of the community meeting!
  6. Form useful partnerships with neighborhood-focused digital platforms.
  7. Market the meeting like your business depends on it.
  8. Do not hold meetings at 7am or 3pm.


Long version:

1. Public meetings should be explanatory as a design principle.

When we arrived for the Phoenix meeting, we were greeted with some crackers and cheese (welcome after a long day of interviews!) but absolutely no information about the topics of discussion, what issues had previously been covered, and how the committee works.  For most public meetings, you can find an agenda online, and on paper at the meeting.  That is helpful, but absent any context, it can be hard for a newcomer to understand what is under discussion and why it matters.  Public meetings should be designed to be understandable to new participants, but not burdensome to old timers, involving a constant re-description of topics and process in a seamless and customizable way.

2. Make the room layout inclusive, easy to maneuver in, and welcoming.

This may seem strange or small, but it sends a strong message about the value of public participation when the local committee members sit with their back to the public, or participants are forced to squeeze into a few chairs at the back of a long room.  Think: summer block party, not VIP-only country club.



3. Focus meeting content on what is best accomplished in a public setting.

There are local laws about what is and is not allowed for discussion in public meetings, but with any available flexibility, local officials should consider what is both necessary and the best thing that meeting could accomplish … and then talk about that!  Often these meetings suffer from an itemized list of marginalia and lack conversations that ignite purpose and future-thinking in an exciting way. This point is related to a bigger philosophical question: what really does the democratic process require of these public meetings? Is it true that the topics we are discussing actually advance democracy or should we be talking about something else?  We should also figure that out.  OK, separate post.

4. Train all community meeting chairs in facilitation techniques.  

The tone of a public meeting is often set by the person moderating it.  These individuals need to know how to listen and synthesize, keep the conversation moving, make everybody feel included and challenged, drive toward for meaningful (not procedural) interactions, and shepherd decision-making.  We have noticed that both local officials and members of the public come to the meeting expecting there to be tension, and then act acrimoniously based on those expectations.  Good facilitators also help people resolve conflict and see commonalities.  Facilitation is not simply about playing traffic cop; at its best, it can be a tool for creating breakthrough spaces for deliberation.  

5. Host a singles mixer at the end of the community meeting!

Just kidding … kinda.  People are always looking for meaningful connections with others and opportunities to have fun.  Why can’t public meetings offer a place for local residents to get to know each other in social ways (and get up-to-speed on local issues in their neighborhood at the same time)?  Some people we speak with say that they often do not go to a meeting because they are intimidated and want a buddy.  Other people say that they go to meetings to meet people in person with whom they might not otherwise come in contact (a local elected official, a developer, a new restaurant owner, etc).  Designing meetings with a central purpose of connecting attendees to each other would add a new incentive for attendance and hopefully keep participants coming back for more.

[Side note: I’ve been dreaming for a little while now about a scenario in which the Improv Everywhere comedy troupe sends a horde of very well-informed local resident volunteers to participate vociferously in their community meetings monthly.  Sort of like this Surprise Wedding Reception, but for a public meeting!]

6. Form useful partnerships with neighborhood-focused digital platforms.

Groups like Nextdoor, Everyblock, CB Tools and others are quickly emerging to power social and problem-solving networks for neighbors.  In some cities, local governments have a presence on these sites (the Phoenix Police Department has joined Nextdoor, for example), but often they do not.  These tools are simple and effective ways to share information about problems, offer congratulations for an awesome park cleanup or a lovely new coat of paint on a house, or just report strange smells (that is a real thread in my Nextdoor neighborhood).  Lots of nerds have come up with tools that can also help improve the meeting processes themselves, and based on my attendance at my local city council meetings, I know that there are still opportunities for usage to spread!


7. Market the meeting like your business depends on it.  

Most cities cover the basic requirement: posting public notice of a meeting in size 6 light gray font in a sidebar buried on a dusty webpage somewhere.  If we were trying to get our customers to buy our services, is that how we would entice them?  The field of information design exists to help us figure out how to communicate important information to key audiences in meaningful ways.  One idea would be to host a local challenge to encourage portfolio-building design students to submit their best ideas for eye-catching posters, flyers, or other physical and digital materials to help spread the word.   

The talented Mollie Ruskin made this for the Bus Project, for example:


8. Do not hold meetings at 7am or 3pm.  (This happens in Phoenix, and probably elsewhere.)

The public likes to both sleep and work, usually.  Thus, if your meetings are during sleep times or work times, they probably will not come.

I’m sure there are 103 other great ideas for how to improve public meetings.  Share them all in this open Google doc and get your friends and family to contribute as well.  It will be cool to see what the braintrust comes up with!

1 Notes

The gardener (my dad) and his gardens (well, his and the Getty Villa’s …)

California, Spring 2014

Notes

In Phoenix this week for the #civicUS study tour, talking with lots of Phoenicians about their perspectives on civic engagement.

We’ve already received some gifts: a fresh egg (from the ladies at the bottom) and some beard oil (from … a human).  

Pics:

  1. The desert
  2. A fire truck
  3. Some household eggbeaters

Spring 2014

191 Notes

portraitsofboston:

“I live a pretty simple life. I’m happy. I have two daughters who are well-off, and we are very, very close. If I didn’t have to work, my life would be perfect.”“What would you do if you didn’t have to work?”“I would find things to do. I’ve never really travelled. I would travel. I would help the elderly. I was in the bank yesterday, and there was an older lady in there, and she was like, ‘Oh, I don’t think my brain is working today.’ I offered to walk her home, and that made her happy. When old people get to a certain age, they are just like babies—sweet and innocent.”

#civicUS

portraitsofboston:

“I live a pretty simple life. I’m happy. I have two daughters who are well-off, and we are very, very close. If I didn’t have to work, my life would be perfect.”
“What would you do if you didn’t have to work?”
“I would find things to do. I’ve never really travelled. I would travel. I would help the elderly. I was in the bank yesterday, and there was an older lady in there, and she was like, ‘Oh, I don’t think my brain is working today.’ I offered to walk her home, and that made her happy. When old people get to a certain age, they are just like babies—sweet and innocent.”

#civicUS

Notes

E.B. White on the Meaning of “Democracy”

This piece originally appeared in the Notes and Comment section of the July 3, 1943, issue of The New Yorker

We received a letter from the Writers’ War Board the other day asking for a statement on “The Meaning of Democracy.” It presumably is our duty to comply with such a request, and it is certainly our pleasure.

Surely the Board knows what democracy is. It is the line that forms on the right. It is the don’t in don’t shove. It is the hole in the stuffed shirt through which the sawdust slowly trickles; it is the dent in the high hat. Democracy is the recurrent suspicion that more than half of the people are right more than half of the time. It is the feeling of privacy in the voting booths, the feeling of communion in the libraries, the feeling of vitality everywhere. Democracy is a letter to the editor. Democracy is the score at the beginning of the ninth. It is an idea which hasn’t been disproved yet, a song the words of which have not gone bad. It’s the mustard on the hot dog and the cream in the rationed coffee. Democracy is a request from a War Board, in the middle of a morning in the middle of a war, wanting to know what democracy is.

E. B. White

Notes

America’s Relationship To Civic Duty? It’s Complicated

image

Beyond voting, taxes, and jury duty, we do not share a common understanding of civic duty.  We find it hard to distinguish when and how we use government services.  Sometimes we feel ready to be civic; sometimes, we do not.  And when we try to engage in the most local-level governance processes, we are confused and put off by what we find.

In the past few months, I have asked everyday Americans the following two questions almost 100 times:

  1. Can you think of something you did recently that you would consider “civic?”
  2. Can you think of the last time you interacted with government — and what was the interaction?

As a researcher, it is hard to know how well your questions will work until you’ve road-tested them, but these two have turned out to be pure gold.

Why? These simple questions confound people.  Most of the folks we have talked to have trouble coming up with an answer, in part because they are not clear what “civic” and “government” mean.  It is not that they do not understand these words in the abstract - rather, they literally do not know what qualifies under either category.

One woman didn’t want to answer the first question until she had Googled the term “civic.”  When I ask people about their last interaction with government, they often ask “Do the police count?” “Does paying my taxes count?” “Does parking count?” “Does my health insurance count?”

Everyday Americans have a very complicated relationship with civic duty.  There is not a unified definition for “civic” and people cannot clearly identify which of the many interactions in their lives involve government. At the same time, people often say that they feel bad about not being ”civic enough.” They say they want to become “more civic,” as soon as they have more time or money or opportunity.  

Another pattern we have started to notice is that people may go through certain periods of life when they feel more “ready” for and open to civic activity.  College students, for example, often use community volunteering as a way of defining their identities and beliefs.  Parents with school-age children are plunged into the mechanics of school choice in their neighborhood.  Empty-nesters in retirement have much more free time than they used to have, and often a desire to “give back” in some way.  

In addition, we have noticed that people who may be very active in public causes at one stage of their life may be fairly disengaged in another stage.  We met an older woman in Atlanta recently who said she loved paying attention to news about government and public affairs, in part because she had worked for elected officials earlier in her life and liked keeping tabs on local politics.  Not until the very end of the interview did we learn that she had actually run for public office herself as a younger woman — a stage of life she said was long gone, having moved many states away and raised two children in the interim.  Now, she sees herself as a the neighborhood reporter, calling up the police whenever she notices something suspicious in her area. 

It does not help that the knowledge threshold to engage with local government is so high.  In each of the cities we have traveled to — New York, San Francisco, and Atlanta — we have attended at least one community meeting.  At a Neighborhood Planning Unit meeting in Atlanta two weeks ago, discussions about the right process for conducting the meeting literally consumed about 60 percent of all discussion (about 40 percent was spent on the substance of local issues).  This three-hour meeting, like comparable gatherings in most American cities, was largely incomprehensible to newcomers.  Without a local city council representative interjecting on occasion to explain the functions of the departments on whose behalf various representatives offered agency updates, the meeting would have been very hard to decipher.  It is not simply that one has to know a lot about government in order to engage; those who do understand are usually not spending their time trying to explain how things work to others.  

So, this is the complicated situation we find ourselves in.  Beyond voting, taxes, and jury duty, we do not share a common understanding of civic duty.  We find it hard to distinguish when and how we use government services.  Sometimes we feel ready to be civic; sometimes, we do not.  And when we try to engage in the most local-level governance processes, we are confused and put off by what we find.

In one of the world’s most established democracies, why is it that so few Americans are actively engaged in the issues that touch their lives? How have we become a nation of interested bystanders, and what can we do to nudge everyday people to take small actions that could radically transform the fabric of civic life? From my vantage point, it may be because we are a nation hungry for a more seamless and citizen-centered model of civic engagement.

//

Next stop on the #CivicInAmerica Research Road Show: Phoenix!  Please send along tips, if you have them!

45 Notes

reuterspictures:

Gallery: Running for Boston
Meb Keflezighi reacts after winning the men’s division of the Boston Marathon in Boston, Massachusetts April 21, 2014. Keflezighi became the first U.S. male athlete to win the Boston Marathon in three decades. REUTERS/Brian Snyder

reuterspictures:

Gallery: Running for Boston

Meb Keflezighi reacts after winning the men’s division of the Boston Marathon in Boston, Massachusetts April 21, 2014. Keflezighi became the first U.S. male athlete to win the Boston Marathon in three decades. REUTERS/Brian Snyder

3194 Notes

How delightful.  I suspect I might become a night-owl, just to be able to walk on these roads. 

fastcompany:

Sparkling Sidewalks That Reduce The Need For Street Lighting

There’s little need to be wary of a nighttime stroll though a park in Cambridge, England. During the day, particles in the surface of the path absorb UV light. In the evening, they release that energy again. The result is a beautiful effect that its creators call “Starpath.”

Read More>

Notes

67 plays

Soundscape: Boston Marathon 2014

KATE KRONTIRIS

If you were at the Boston Marathon today, this is what you would have heard.