Category Archives: Regulations

You Can’t Solve These Problems on an Ad Hoc Basis

By Sasha Cohen O’Connell – Resolving today’s most pressing cyber security and Internet governance challenges is dependent on the tech industry and the government working together on both policy development and policy implementation.

Specifically, collaboration is required to successfully research, design, debate, and ultimately implement effective solutions.

While there is overwhelming consensus on the need for collaboration, it remains a huge challenge. Why?

While many factors contribute to the problem, including differing incentive structures, cultures and business models, one critical element—organizational structure—is a significant and often overlooked hurdle that needs attention and creative solutions.

Most collaborations today are done by ad hoc teams of operational personnel, lawyers, government affairs departments, and/or trade associations or other outside third parties. This setup is neither efficient nor effective. more> https://goo.gl/B0j8RA

Net neutrality 2.0: Perspectives on FCC regulation of internet service providers

By Stuart N. Brotman – The final outcome of this high-profile, high-impact proceeding will not be apparent until sometime late in 2017, at the earliest. Congress may also become more seriously involved at some point on the legislative front.

But without a doubt, as Chairman Pai noted in his Newseum speech, a “fierce debate” lies ahead for a number of months at least. And if past is prologue, the FCC may well receive an avalanche of comments in response to these proposed changes; the record in the Title II Order shows that over four million comments were filed by interested parties and the general public combined.

There will be no lack of political discourse, to be sure.

As we move into 2016, an unresolved national communications policy dilemma remains: whether the public-switched telephone network and the internet are parallel systems or parts of a larger ubiquitous network environment. Determining which characterization will be followed has profound consequences for regulatory treatment.

Given the emerging dominance of mobile over fixed service, if the FCC can’t regulate both, it may win the battle but lose the war. Given that a further appeal is likely regardless of which side prevails, including possible review by the U.S. Supreme Court, Congress may find itself re-emerging as the best source of guidance for the FCC. Legislative action can definitively clarify whether Congress intends for the telephone network and internet to be joined at the hip, or should continue to function in parallel with differing regulatory treatment. more> https://goo.gl/f4x8Uh

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Donald Trump’s drive for “law and order” undermines the rule of law

By Dara Lind – The Trump administration does not value the rule of law. It values law and order. It values law enforcement as a weapon to be wielded in a particular direction: against social disorder, real and feared. It respects the “front lines” of conflict to protect order, but sees less need to preserve the independence of investigators or prosecutors to choose which violations of law to pursue.

In other words, it’s embracing the brute reality of power — while obliterating one of its most important constraints.

Both “rule of law” and “law and order” are tossed around as political slogans more often than not — and often by the same people. But in practice, they represent slightly different sets of values.

The “rule of law” is a procedural value: It says that the right thing for the government to do is to set, and adhere to, proper processes in all cases, without favor or prejudice to where those processes might lead.

“Law and order,” by contrast, is a substantive value: It says something about what sorts of results the government ought to be getting out of its activity (namely, a reduction in crime and social disorder, and the assurance of a safe and loyal populace). more> https://goo.gl/B0pnlP

The American healthcare system is for profit, not patients

BOOK REVIEW

An American Sickness: How Healthcare Became Big Business and How You Can Take It Back, Author: Elisabeth Rosenthal.

By Elisabeth Rosenthal – Everyone knows the healthcare system is in disarray. We’ve grown numb to huge bills. We regard high prices as an inescapable American burden. We accept the drugmakers’ argument that they have to charge twice as much for prescriptions as in any other country because lawmakers in nations like Germany and France don’t pay them enough to recoup their research costs.

But would anyone accept that argument if we replaced the word prescriptions with cars or films?

The current market for healthcare just doesn’t deliver. It is deeply, perhaps fatally, flawed.

Imagine if you paid for an airplane ticket and then got separate and inscrutable bills from the airline, the pilot, the copilot, and the flight attendants. That’s how the healthcare market works.

In no other industry do prices for a product vary by a factor of ten depending on where it is purchased, as is the case for bills I’ve seen for echocardiograms, MRI scans, and blood tests to gauge thyroid function or vitamin D levels.

The price of a Prius at a dealership in Princeton, New Jersey, is not five times higher than what you would pay for a Prius in Hackensack and a Prius in New Jersey is not twice as expensive as one in New Mexico.

The price of that car at the very same dealer doesn’t depend on your employer, or if you’re self-employed or unemployed. Why does it matter for healthcare? more> https://goo.gl/5oBK5k

Behavioral Insights: A New Tool for Performance Management

By Michael Kalin and Lindsay Moore – Now, through What Works Cities, an initiative launched by Bloomberg Philanthropies to help mid-sized cities use data and evidence to improve decision-making and results, innovators in municipal governments are taking the next step in process improvement, integrating behavioral science into their toolkits and rigorously testing these insights to understand what works.

These efforts center on helping improve service delivery by taking the science of human decision-making into account. While we know intuitively that people are not always entirely rational actors, too often policy is designed as if we were. more> https://goo.gl/HoIBd1

Raising good robots

We already have a way to teach morals to alien intelligences: it’s called parenting. Can we apply the same methods to robots?
By Regina Rini – Philosophers and computer scientists alike tend to focus on the difficulty of implementing subtle human morality in literal-minded machines. But there’s another problem, one that really ought to come first. It’s the question of whether we ought to try to impose our own morality on intelligent machines at all. In fact, I’d argue that doing so is likely to be counterproductive, and even unethical. The real problem of robot morality is not the robots, but us.

Can we handle sharing the world with a new type of moral creature?

We like to imagine that artificial intelligence (AI) will be similar to humans, because we are the only advanced intelligence we know. But we are probably wrong. If and when AI appears, it will probably be quite unlike us. It might not reason the way we do, and we could have difficulty understanding its choices.

Plato’s student Aristotle disagreed. He thought that each sort of thing in the world – squirrels, musical instruments, humans – has a distinct nature, and the best way for each thing to be is a reflection of its own particular nature.

‘Morality’ is a way of describing the best way for humans to be, and it grows out of our human nature. For Aristotle, unlike Plato, morality is something about us, not something outside us to which we must conform. Moral education, then, was about training children to develop abilities already in their nature. more> https://goo.gl/cVSt0W

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Why Most Government Reform Plans Die

BOOK REVIEW

Working With Culture: the Way the Job Gets Done In Public Programs, Author: Anne Khademian.

By Howard Risher – “Culture Eats Strategy for Breakfast.” That quote is credited to the father of modern management, Peter Drucker. He was saying that leaders need to understand and address their organization’s culture in their planning.

Writers tell us that culture encompasses the values, beliefs, underlying assumptions, attitudes, and behaviors shared by a group of people. It sets forth the rules—unspoken and unwritten—for working together.

It’s relevant to reform because it governs behavior in work groups. It influences virtually every interaction of people in performing their jobs. It affects the time they start work, their tolerance for sexist comments, the way they deal with customers—everything.

Culture plays an important role in every successful organization. More than a few writers have argued that it would be great if government could develop a performance culture. That’s one where employees are committed to achieving results. Employees in high performing companies are energized by the culture. It’s reinforced by their reward and recognition practices. more> https://goo.gl/AiEOKL

The Path to Better Management of Government’s Huge Programs

By Alan Balutis, Dan Chenok, Greg Giddens, Stan Soloway and Jim Williams – The pace of technology is more rapid today. Government, like the commercial sector, has changed its approach to the concept of programs, shifting to a model in which modular steps and agile processes have largely displaced traditional, large-scale “waterfall” strategies. Still, the need for strong program management skills remains central to success.

But, outside of the Department of Defense and a few civilian agencies, program management is not ‘institutionalized’ as an established management discipline.”

  • First, we believe there needs to a clear line of leadership. Program management is a core component of agency success and should be treated and embraced as such.
  • Second, we need to establish clarity of responsibility and accountability for the delivery of program results.
  • Third, with the establishment under PMIAA (Program Management Improvement and Accountability Act) of the program management career field, we must move quickly to design and implement a consistent training and professional development process for program managers, as well as a clear and contemporary set of requirements for hiring them.
  • Change management, a skill critical to driving success in managing complex programs involving multiple stakeholders, should be a key element of this curriculum.
  • Fourth, to help program managers continue to grow and learn, OMB (Office of Management and Budget) should ensure that the Program Management Policy Council created by the statute is set up effectively.

With these building blocks in place, agencies can zero in on what is most important: performance. Programs fail for many reasons, including inadequate governance, meaningless metrics, and insufficient capacity for or willingness to change. Strong program management can help overcome each of those barriers; without it, they are likely to endure. more> https://goo.gl/PHG67A

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Are human rights anything more than legal conventions?

BOOK REVIEW

Human Rights: From Morality to Law, Author: John Tasioulas.
The Law of Peoples, Author: John Rawls.

By John Tasioulas – Philosophers have debated the nature of human rights since at least the 12th century, often under the name of ‘natural rights’. These natural rights were supposed to be possessed by everyone and discoverable with the aid of our ordinary powers of reason (our ‘natural reason’), as opposed to rights established by law or disclosed through divine revelation.

Since the middle of the previous century an elaborate architecture of human rights law has emerged at the international, regional and domestic levels, one that is effective to wildly varying degrees. But, ultimately, this legalistic approach is unsatisfactory.

To begin with, the law does not always bind all those we believe should abide by human rights. For example, some states have not ratified human-rights treaties, or have ratified them subject to wide-ranging exceptions (‘reservations’) that blunt their critical edge. A country such as Saudi Arabia can have a seat on the UN Human Rights Council yet persist in severe forms of gender discrimination.

Moreover, the international law of human rights, like international law generally, almost exclusively binds states. Yet many believe that non-state agents, such as corporations, whose revenues in some instances exceed the GDP of all but the wealthiest nations, also bear grave human-rights responsibilities.

Whether I’m right or not, I am convinced that we cannot sustain our commitment to human rights on the cheap, by invoking only the law or the assumptions of our liberal democratic culture. more> https://goo.gl/AXTYg3

Here’s the real Rust Belt jobs problem — and it’s not offshoring or automation

By Josh Pacewicz and Stephanie Lee Mudge – Many struggling U.S. cities and states compete fiercely with one another to attract and keep firms that offer jobs. Unfortunately, these are not the “good” jobs that Americans are looking for, jobs with middle-class pay, benefits and security.

This race to the bottom drains public coffers, preoccupies local leaders and fuels voter cynicism. “America First” sidesteps the problem.

Since the corporate mergers and restructurings in the 1980s, most cities depend not on one or two large factories but on many small subsidiary operations — light manufacturing, food processing, professional service firms, call centers, hotels and retail. These smaller subsidiaries mostly move between struggling cities and towns rather than leaving for other countries.

Much of the blame for that falls on federal policy. Unions have been hobbled by a changing legal environment. A corporate merger wave unleashed by financial deregulation eliminated local owners who paid workers living wages and contributed generously to their towns.

Tax code changes led to ballooning senior managers’ earnings at the expense of line-workers’ wages. Without changing the federal policies that led to these trends, bringing manufacturing back will not create good, safe jobs. more> https://goo.gl/leRpP1