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In the second episode of the “Human 2040” series, “I Organise Myself”, we look at socio-political issues, including how elections might play out, how we will build our neighborhoods and what the judicial system might look like. In order to create a reliable picture of these aspects of life in 2040, the analysts from Polityka Insight took into account trends such as the growing role of deliberative democracy, the development of information bubbles and the phenomenon of infocation (i.e. the problem of information overload, including difficulties with focusing on important data), or the increased importance of artificial intelligence in many aspects of socio-political life. Andrzej Bobiński, managing director of Polityka Insight, talks about whether the presented vision of organizing ourselves in 2040 has a chance to come to fruition in the first podcast with Professor Aleksandra Przegalińska, a philosopher and researcher of the development of new technologies.

 

RZESZÓW FORGOES ARTIFICIAL INTELLIGENCE IN COURTS

The decision was made by way of a referendum by the residents of Rzeszów and it should be considered as a victory for defenders of human rights, who have exposed the irregularities of the TemidAI adjudication system.

Rzeszów is famous for having the most digitalized and open government in Poland. Every citizen has an app through which he or she can participate in the budgeting process, consult local legislation, vote for candidates for boards of public companies and follow the actions of city politicians. All data aggregated in the city are open, which facilitates the introduction of new technological solutions. The TemidAI algorithm which, almost immediately after entering the data, was highly effective in resolving cases involving minor offences and selected cases of offenses committed on the Internet (due to the “digital” nature of the evidence) was the jewel in the crown of the open government in Rzeszów. 

TemidAI ruled without the involvement of a human judge on the basis of quantity-based norms, while taking into account the following three elements: (1) evidence entered in the system (videos, e-documents, recordings of interviews with witnesses); (2) analysis of historical judgments (the continuously updated database includes all judgments since 2030); and (3) analysis of the digital footprint of the parties and witnesses involved in the case. This significantly accelerated the resolution of the simplest cases and reduced the costs of litigation virtually to zero. Rzeszów also boasted about the effectiveness of the system measured by the lowest percentage of changed decisions in courts of second instance in Poland, where professional judges still decide.

The effectiveness of TemidAI was questioned by lawyers and representatives of non-governmental organisations, who pointed to a reversed causal process. The Helsinki Foundation for Human Rights (HFPC) has proven that human judges decided to uphold the judgments handed down by the algorithm in the first instance without a thorough analysis of the facts and evidence gathered. According to the HFPC, judges relied too much on the algorithm and were afraid to put their reputations on the line by questioning the “objective” resolution of advanced technology.

Meanwhile, instead of focusing on the individual aspects of the case, TemidAI made decisions on the basis of simple analogies, often by “stretching” the facts to match past decisions. Those who had had brushes with the law in the past had a disproportionately high probability. Moreover, TemidAI quickly generated straightforward correlations between, for instance, the level of wealth, place of birth and residence or grades given at school and the probability of committing an offence. The more decisions taken by the algorithm were entered into the judgment database, the more evident the irregularities described above became. This contributed to the creation of a system described by the HFPC as a “selffulfilling digital prophecy.” The foundation’s lawyers analyzed more than 8,000 cases and demonstrated that almost 6% of them had not had sufficient evidence to issue a judgement.

The decision made by the residents of Rzeszów is an important step in stopping the process of judicial automation – TemidAI was to be rolled out shortly nationwide. The opinion of the residents of Rzeszów will give a boost to opponents of such a change who, as the President of the HFPC said, “have tangible evidence that justice without the human factor can be simple, quick and cheap, but not just”. According to the Ministry of Justice, the abandonment of the new solution that the ministry has worked on over the last 5 years will slow down the technological revolution in the judiciary, but not stop it.

CONTROVERSIES OVER THE PRESIDENTIAL DEBATE IN THE US

“The Daily” podcast confirmed unofficial reports that the FBI intends to launch an investigation into a defective “truth algorithm” that did not work during the last Jindal – Obama debate.

It appears that the protests of Malia Obama’s team will be taken into account and the FBI will start an investigation to check whether any irregularities occurred when using the Real Time Fact-Checking system. According to the information revealed by “The Daily,” Chinese citizens are the owners of one of the six companies that create “truth algorithms.”

The reports have caused outrage among Republicans, who claimed the Democrats were sore losers. And the fact that the system detected only 14% of false statements (the average in previous debates exceeded 40%) shows that Bobby Jindal is “telling it as it is.” The CDO (Chief Digital Officer) of Jindal’s team emphasised that both teams had the same amount of time and the possibility to check the algorithms that determine whether the statements made by the candidates were in line with the facts and scientific knowledge.

The debate was extremely intense. Obama lost the topics related to China, climate, climate migration and e-war with Russia. She won the technological section and the section on minority rights. To a large extent, her failure was due to the high falsehood coefficient (the ratio between false and true statements), which was over three times higher than that of her rival. Many commentators were shocked by the result because Obama was famous for her excellent preparation and ability to phrase a message. Moreover, just after the winning debate, Jindal used his advantage and launched a social media campaign that perfectly matched his campaign slogan, “Telling it like it is”.

It is still unclear who will become the 64th President of the United States but according to experts, “Debategate” will influence the outcome of the election. Today, it seems that Jindal would have a great chance of winning, particularly after taking the “blue states” (supporting the Democrats) – Wisconsin, Georgia, Florida and North Carolina, or perhaps even Texas, which has consistently voted in favor of the Democrats since the election in 2032. If the immediate investigation by the FBI does not reveal any irregularities, the Republicans will gain an advantage and massacre Obama as a candidate who does not speak the truth and resorts to dirty tricks to hide it. And if the Democrats prove that irregularities have occurred, and China has actively supported Jindal, the Obama campaign will regain its vigour, which will most likely allow the president to secure her second term of office.

COMMUNITY DIALOGUES WILL HELP SELECT THE RIGHT NEIGHBORS

My Second Life employs DeliberateWe, a Canada-based company, to develop a transparent selection algorithm. Deliberations of individual communities will act as the starting point.

My Second Life (MSL), a leader in the market of luxury housing for senior residents (colivings), is introducing a new rating system (credit score) of future residents. This serves as an escape from accusations that the existing system, which is based on digital trace, largely assessed the profitability (for the company) of candidates for coresidents and did not appreciate their social virtues, which in turn may translate into group cohesion and a good atmosphere.

The previous system was supposed to take into account the habits and behavior of candidates for residents. A single algorithm was applied to all enclaves, irrespective of the nature and preferences of the communities living there. It consisted of the digital trace created on the basis of IoT (Internet of Things) readings in previous places of residence. It was also to take account of the “civic credit score” (developed on the basis of social interactions). However, this component, together with the assessment of the resident’s character, was underestimated and the algorithm primarily measured the “cost-effectiveness” of the future resident’s behavior and habits for the lessee. This led to conflicts between the older and the new members of the community who often followed a different set of values and consequently acted in a manner that was unacceptable to the communities.

Last year, MSL admitted that the algorithm was “suboptimal” and started searching for other automatic selection mechanisms. This week, it engaged DeliberateWe to hold dialogues with the residents of individual communities, thanks to which people interested will indirectly identify for themselves the guidelines which will form the basis for rating algorithms for individual enclaves.

Previously, the company had carried out a pilot program where the residents voted on the guidelines, but this solution did not work out. The residents of virtually all the enclaves tested voted primarily on those features and behaviors suggesting high sociability. For most communities, the recruitment procedures carried out on the basis of these guidelines resulted in a mismatch between the new residents and the communities’ praxeology, and in a decline in the neighborhood satisfaction ratio. This situation gave rise to the idea that each community should create its own algorithm itself and that this algorithm should be determined by experts holding so-called community dialogues, not by a simple vote.

Alternative Dispute Resolution (ADR), and in particular mediation, is the area where AI can replace humans relatively quickly and effectively. It is quite easy to imagine a situation where, based on the information received – mainly figures, an algorithm proposes an optimum solution, i.e. as satisfactory as possible for both parties. Initially, this will probably be the case for disputes with a low amount in dispute but over time, artificial intelligence may propose solutions to increasingly more serious cases. Such a situation already occurred in February 2019, when the Smartsettle ONE AI tool led to a settlement between a company and an individual in the case regarding unpaid fees for a course. Due to the complexity of cases, the importance of decisions taken and ethical issues (e.g. limitation of individual’s freedom), it will take much longer to develop algorithms to support or replace judges in criminal cases. One important issue is algorithm bias and prejudice. This problem was highlighted when analysing the effectiveness of the risk assessment system put in place for the prison policy in the US. The algorithm was supposed to indicate which ones of the accused do not have to appear before the court or to serve their sentence. As the study has shown, the algorithm accurately estimated the risk of an undesired reaction only for 35% of people from the “high risk” group.

Read more:
AI tools in US criminal justice branded unreliable by researchers
Robots and AI threaten to mediate disputes better than lawyers
CEPEJ (2018) European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment, online

The concept of an open government assumes increasing citizen access to public information and other information resources collected and aggregated by public authorities, as well as actively involving them in consultation and decision-making processes in order to improve the quality of public life. The overarching objective is to strengthen citizen trust in the authorities and social education. Digitisation of public services and resources is essential to be able to effectively implement “open government” solutions.

Read more:
OECD (2016) Open government: The global context and the way forward. De Blasio, E., Selva, D. (2016) Why choose open government? Motivations for the adoption of open government policies in four European countries. Hansson, K., Belkacem, K., Ekenberg, L. (2015) Open government and democracy: A research review.

Decisions made on the basis of the analysis of big data sets, in this case – a summary of decisions in all previous cases with similar facts.

One of the largest challenges that developers of algorithms face and will face is their bias. This negative phenomenon has two main sources: the limitations of data sets on the basis of which the algorithm is to make decisions (e.g. more data collected publicly refers to men than women) and the fact that individual algorithms are written by people who may transfer their prejudices and limitations to them, even unknowingly. Available studies and publications indicate the discriminatory nature of algorithms in terms of sex and ethnic minorities. An algorithm may be less biased than the selected judge resolving a dispute but in the case of the scale effect (making multiple decisions) and the fact that the algorithm is going to “learn” and make subsequent decisions on the basis of previous “biased” decisions, this may produce a snowball effect.

Read more:
Perez Criado, C. (2020) Niewidzialne kobiety. Jak dane tworzą świat skrojony pod mężczyzn
Umoja Noble, S. (2018) Algorithms of Oppression. How Search Engines Reinforce Racism

The fight against disinformation and fake news is one of the largest challenges faced by increasingly more technologically advanced societies. Fact-checking, i.e. verification of media reports, information published on social media and statements of politicians, is a dynamically growing type of activity where journalism meets non-governmental organisations. Today, most of the fact-checking work is done by people who compare data, check a photograph or look for the context of the information provided. Over time, people will be increasingly replaced by algorithms. Work on an automated form of fact-checking has been underway for several years, and one project is co-financed by the European Union. It is highly probable that automatic fact-checking tools will be widely used by traditional and internet media in a few years’ time.

Read more:
Polityka Insight (2018) Jak czytać w erze Fake News KE (2019) First real-time fact-checking tool to fight against the fake news and disinformation, online

Although the white population will still account for more than 50% of US citizens in 2040, the ethnic structure will become significantly diversified. According to estimates, white inhabitants will account for 59% of the population among the persons entitled to vote in 2036 (as compared to 69% in 2016). In the same period, the percentage of Latinos will increase by 7 percentage points (from 12% to 19%), while the Afro-American population will remain at a similar level of approx. 13% of voters. Given the diverse geographical spread of minorities, in some – especially southern – states they will largely be the ones to elect local authorities and decide on the distribution of electoral votes in the presidential election.

Read more:
Griffin, R., Frey, W. H., Teixeira, R. (2018) America’s Electoral Future: Demographic Shifts and the Future of the Trump Coalition. Griffin, R., Frey, W. H., Teixeira, R. (2020) America’s Electoral Future: The Coming Generational Transformation.

Attempts to influence the outcome of the presidential and parliamentary election will be unavoidable in the coming years. Russia’s actions during the 2016 presidential campaign have been analysed most widely so far. The aim of the campaign, which was conducted mainly on the Internet, was to reduce the chances of Hillary Clinton winning, to promote Donald Trump as a candidate and to deepen political divisions in the US. According to the report of the National Intelligence Council, four years later, Russian actions were detected again and this time, they were supposed to torpedo Joe Biden’s candidacy and to reduce citizen confidence in the proper conduct of the electoral process.

Read more:
National Intelligence Council (2021) Foreing Threats to the 2020 US Federal Elections

Increasing competition and fighting for influence in various fields, from economics through politics to social and cultural issues, between the US and China are the most likely scenarios for the years to come. According to the report of the National Intelligence Council, these two powers will compete (in different forms) in four out of five scenarios. Hybrid action aimed at destabilising the other party, such as an attempt to influence the outcome of the US presidential election, is more likely than open military conflicts.

Read more:
National Intelligence Council (2021) Global Trends 2040. A more contested world

Deliberative democracy assumes solving problems and establishing a consensus in the public process of communication and considering different views. In contrast to classic liberal democracy, the needs and interests of the community represent a higher value in it than those of the individual. Given the degree of polarisation of the society, introduction of deliberative solutions at a national level is unlikely for the time being. Such an approach should be more likely in smaller social units - in housing estates, local governments or in some workplaces. Holocracy, i.e. a way of managing a company where, instead of a simple hierarchical structure, decisions are taken by individual circles – working groups, can act as an example for the implementation of similar solutions.

Read more:
Dryzek, J. S. (2009) Democratization as Deliberative Capacity Building
Chwalisz, C. (2019) A New Wave of Deliberative Democracy, online

Kettering, J. (2020) Holacracy: Core Concepts, Benefits and Limitations, online

Assessing people on the basis of their social interactions, and in particular their online activity, will be tempting to authorities at various levels. Solutions of this kind will be possible thanks to the development of algorithms, machine learning, increasingly more effective analysis of large data sets and increasingly larger number of information collected. The citizen rating system is currently being tested on a micro scale in China – citizens who participate in the programme on a voluntary basis lose points in the ranking for socially undesirable actions such as dangerous driving or smoking in prohibited areas. The range of penalties is open and varied, from the travel prohibition through taking the dog away to the prohibition on applying to a university. Similar solutions are likely to be implemented in other countries in the near future, e.g. companies will assess the “Internet footprint” and social interactions during the recruitment process.

Read more:
Ma, A., Canales, K. (2021) China's 'social credit' system ranks citizens and punishes them with throttled internet speeds and flight bans if the Communist Party deems them untrustworthy, online
Sun, Q. (2021) China’s social credit system was due by 2020 but is far from ready, online

Digital trace or digital footprint is a collective term for all traces of our online activity. Both those created directly, such as information sent online, e-mails, uploaded videos and photos, etc., and those created indirectly, including information about visited websites, likes, or UX analyses showing on which website elements we have focused our attention for the longest time. The entire trace is analysed in an increasingly more advanced manner by algorithms which can use the information collected on a macro (as part of big data analysis) and micro scale (e.g. for targeting advertising content, filtering content on a website or in a social network). Over time, along with the growing immersion into the virtual world, information about us will be even more accurate and used more widely, both by public and commercial entities. Managing one’s digital trace, but also legally limiting its use, will become one of the largest challenges for technologically advanced societies in the coming years.

Read more:
Menchen-Trevino, E. (2018) Digital Trace Data and Social Research: A Proactive Research Ethics Eriksen, K. (2018) Your Digital Footprint: What Is It and How Can You Manage It?, online

Internet of things is a system that combines unrelated objects (hardware, household appliances) into a single network. It is intended to transfer data between the devices and to transmit information entered from the outside by an individual in order for all the devices to function as an integrated, fully automated collective body.

Read more:
Gillis, A. S. (2021) What is internet of things (IoT)?,