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ICTs, citizens and the state: moral
philosophy and development practices




                     Tim Unwin
              UNESCO Chair in ICT4D
          Royal Holloway, University of London

      ICT4D Consortium Online Seminar Series, 2009
Is the introduction of e-
   government initiatives in
‘developing’ countries a ‘good’
              thing?
On what grounds do we make
    such judgements?
• Costs and benefits
  – Makes government delivery cheaper
• Efficiency
  – Enables government business to be
    transacted more efficiently
• Transparency
  – Reduces corruption and wastage in the
    system
• Arguments generally made primarily
  on economic grounds
But is the introduction of ICTs
  in e-governance ‘right’ or
            ‘wrong’?



   How does moral philosophy help
      us answer this question?
Posted on Kictanet (2009)
‘...Pakistan has created a national smart ID card database,
managed by the National Database and Registration
Authority (NADRA). Currently this database holds 170
million fingerprints, 72 million facial images, and has already
issued 70 million ID cards. … The mere scale of this
database raises questions about access management,
security, and interoperability, but these have yet to be
answered. A centralised pool of information may be an
invaluable tool to any government; especially one trying to
raise its people out of poverty. But given how high the
stakes are, we need to ask ourselves whether adopting a
one-sided approach and focusing on the benefits alone will
not harm those same people in the long run’?
The example of national digital
        databases




   Positive and negative impacts on
        both citizens and states
Positive benefits of national
          databases
• For governments              • For citizens
  – enables easier checking      – Enables swifter access to
    of individual identities       information
  – cheaper delivery of          – Facilitates agencies in
    services                       accessing their life
  – Increased efficiency of        histories for medical
    managing citizen control       reasons
  – reduces ‘illegal’            – Individual benefits (in
    immigration                    terms of financial/tax and
  – Centralises diverse            personal safety) gained
    sources of existing            from government delivery
    information                    of more efficient and cost
                                   effective services
  – reduces numbers of civil
    servants
But also negative impacts of
  national digital databases
• For governments           • For citizens
  – Costs of                   – Should states have biometric
                                 information about citizens?
    implementation and
                               – Identity only proven through
    management                   the presence of the ID card
  – Potential failure of       – Increases the potential of
    untried technologies         identify fraud
  – Risks of fraudulent        – Ultimately, citizens have to
    use of counterfeit ID        pay for ID cards
    cards, as with             – Increases potential for
                                 citizens to be subject to acts
    banknotes and                of violence against them by
    passports                    states or agencies thereof
                               – Increases potential for
                                 identity theft
How do we decide what is
 right and wrong in this
        example?




 … especially in contexts where
  governments are not trusted
Outline
• The Information Society, WSIS
  and human rights
• African information ethics and the
  Tshwane Declaration
• E-government and changes in the
  relationships between states and
  citizens
• Questions we need to ask about
  e-government to inform us
  whether it is ‘right’ or ‘wrong’
Drawing on
• 17th century European social contract theory
   – Especially Locke and Hobbes
• Recent work in Information Ethics in an
  African context
   – Typified by Capurro et al. (2007)
   – And debates over the Tshwane Declaration
• Critical realism
   – Raymond Geuss’s (2008) Philosophy and Real
     Politics
• Popular debates on identity cards, national
  databases and surveillance
Towards conclusions
• In each particular ‘real’ context
  we need to ask three types of
  question about
   – Trust
   – Privacy
   – The system of law
• And we need to rethink our taken
  for granted assumptions about
  ‘human rights’
The Information Society and
          WSIS
‘We acknowledge the
importance of ethics for the
Information Society, which
should foster justice, and the
dignity and worth of the human
person. The widest possible
protection should be accorded
to the family and to enable it to
play its crucial role in society’
(WSIS, 2003, para 57).
The Information Society and
           WSIS
• Nowhere does this make explicit what is
  meant by “ethics for the Information Society”
• Interesting emphasis placed on the family
  – How does this relate to the Information Society?
• WSIS (2005) reaffirmed interest
  – To “address the ethical dimensions of the
    Information Society”
  – With emphasis on the Universal Declaration of
    Human Rights
     • “so that people everywhere can create, access, utilize
       and share information and knowledge, to achieve their
       full potential and to attain the internationally agreed
       development goals and objectives”
Focus on Human Rights
• WSIS claims are an ideal aspiration
   – Premised on the Universal Declaration
• But do not reflect current reality
   – Especially in Africa
• Contested nature of human rights is
  not recognised
   – ICTs have enabled powerful interests
     to assert their vision of human rights
      • US dominated model focusing on the
        individual as a ‘free’ labourer and consumer
   – But this is not necessarily in the
     interest of poor and marginalised
     peoples
African information ethics
African Information Ethics…
• Ethical considerations are essential so as to
  avoid an increased digital information gap in
  Africa
• Distinction
  – Information ethics for Africa
     • The dominant modality, imposed from outside
  – Information ethics from Africa
• Importance of African traditions in shaping
  African information ethics (Capurro, 2007)
  – Oral traditions
  – Communal traditions (ubuntu)
     • Perhaps European privacy concerns are less relevant?
…Tshwane Declaration
• But, failures of the political process (Frohmann, 2007)
• ‘African information ethics is treated as a plug-in to a
  system of stable phenomena already assembled
  together in a fixed totality by’ the ‘three absolute and
  already stabilized virtues’ of universal human values,
  human rights and social justice
• ‘the Declaration reflects the political reality of the
  Tshwane Conference, where instead of pursuing
  scholarly discussion of ethics in any philosophical
  sense the academic delegates were set the task of
  crafting a document – the Tshwane Declaration –
  only to find that none of their recommendations
  survived the final draft’
National ID cards: an example
      of e-government
Ghana’s National Identification
         Authority
• 2. Q. How does the NIS benefit Ghana?
   – A. The NIS will facilitate:
       • development planning based on sufficient accurate population
         data. This will boost comprehensive national planning,
         especially in sectors such as education, health, employment
         and infrastructure;
       • delivery of social services such as health, retirement benefits
         and social administration;
       • delivery of credit facilities; and
       • identification of individuals for voting, insurance, licensing and
         general national security purposes.
• 15. Q. What information will the ID Card bear?
   – A. The card will bear the holder’s unique identification
     number (assigned to him/her for life), name, photograph,
     fingerprint and residential/ home address.
“How brokers mint millions in
      Kenya ID fraud”




 http://www.nation.co.ke/News/-/1056/561348/-/item/2/-/9575rbz/-/index.html
Positive benefits of biometric
           ID cards
• For governments                 • For citizens
  – Helps to guarantee              – Simplifies proof of
    transparency and                  identity for purposes
    reliability of electoral          such as banking, health,
    processes                         insurance
  – Prevents illegal activities     – Reduces identity fraud
    and threats (claims that it     – Enables foreign national
    reduces terrorism, illegal        working in a state to have
    immigration, under-age            proof of identity
    drinking and criminal           – Facilitating travel to other
    activity)                         states that recognise the
  – Increases ability to              identity card
    monitor movement of
    citizens
But also negative impacts of
      biometric ID cards
• For governments                  •   For citizens
  – Costs of implementation             – States do not currently have the
                                          right to have access to
    and management                        biometric information about
  – Potential failure of untried          citizens; why should they?
    technologies                        – Makes identity only proven
                                          through the presence of the ID
  – Risks of fraudulent use of            card, rather than through trust
    counterfeit ID cards, as              in physical person
    with banknotes and                  – Increases the potential of
    passports                             identify fraud
                                        – Ultimately, citizens have to pay
                                          for ID cards
                                        – Increases potential for citizens
                                          to be subject to acts of violence
                                          against them by states or
                                          agencies thereof
http://www.wholetruthcoalition.org
Three key moral issues need to
be explored in choosing between
     ‘right’ and ‘wrong’ in e-
 Government: trust, privacy and
              the law

            Each within
          locally specific
             contexts
Origins of Social Contract
              theory
• 17th century Europe
  – Hobbes: Leviathan
  – Locke: Two treatises of government
• People have rights that they give up to
  governments in return for protection
  (Hobbes)
  – Reconciling conflicting human desires for
    peace and power
• They also have duties to replace
  corrupt governments (Locke)
• But, do people actually have rights that
  they can cede to governments?
Trust
• Trust often seen as the basis for effective
  human cooperation
   – Underlying importance of regulatory environments
     in business and government
   – Yet 2008 financial meltdown has been a challenge
     to ‘trust’
• Trust and ICTs - Gerck (1998)
   – ‘trust is that which is essential to a communication
     channel but cannot be transferred from a source to
     a destination using that channel’
• Surveillance suggests that governments do
  not trust citizens
   – Why should citizens trust governments?
Trust and e-Government
• Three key issues
   – Where citizens do not trust governments, no
     amount of e-government will encourage the
     delivery of better governance
   – the use of digital technologies may actually
     be reducing the trust between citizens and
     governments rather than increasing it as
     intended and expected
   – No amount of e-government technology will
     actually make a government change its
     attitudes and approaches towards its
     citizens, unless that government has in the
     first instance decided to adopt new ethical
     stances towards concepts such as
     transparency, equity and fairness
Privacy
• Privacy as a good that can be weighed up
  against other goods (Etzioni, 2005)
  – Governments can pry into individuals’ lives to protect all
    citizens
  – External circumstances must change to permit this
      • Use of ‘terrorism’ as a justification
• Or privacy as a means through which we
  have power over our own lives
  – But assymetric power relationships between states and
    citizens: states have more power than individual citizens
      • What if states cannot be trusted to be good?
  – ‘Reducing government’s ability to do bad things to us, at the
    cost of limiting its ability to protect us from bad things done
    to us by ourselves or by other people, may not be such a
    bad deal’ (Friedman, 2005)
Freedom on the Net (2009)
Privacy and e-Government
• A fully transparent society (Brin, 1998)
   – Governments can watch citizens
   – And citizens can watch governments
   – But this is an idealistic view
• Three key questions:
   – Will citizens ultimately benefit by giving up
     privacy rights to the state?
   – Do governments have in place
     mechanisms to avoid abuse of formerly
     ‘private’ information?
   – Do overall communal benefits outweigh
     losses of individual freedoms?
Ethics and legal systems
• Locke’s fundamental constitutional principle
  – the individual can do anything apart from that
    which is prohibited by law, whereas the state may
    only do things that are explicitly authorised by law
• Important differences between systems of
  Common Law and Constitutional Law
  – Distinctions between existing practices and
    constitutional principles
  – Separation between legislature and government
  – Challenges in reaching international agreements
The Law and e-Government
• Three challenges
  – Technological innovation faster than ability of legal
    systems to respond
  – ICTs and globalisation leads to need for
    international agreements that are difficult to forge
     • All too often resorting to Human Rights agendas
  – Legality of ICTS
     • If some use of ICTs has not yet been defined as illegal,
       citizens are allowed to act with impunity
     • yet states should have to seek authorisation from the
       courts to be able to implement a new ICT based
       initiative, such as the construction of a national database
       of citizen information
Conclusions
• Challenges for human rights
  agendas and social contract theory
  – If people do not have rights that they
    can cede to governments,
    governments cannot claim legitimacy
    in using biodata
  – Need for a focus on responsibilities to
    balance hegemonic focus on rights
• Importance of consideration of
  communities, not only individuals
  – And importance of African communal
    traditions in particular
Who really benefits from e-
        Government?
• Some benefits for citizens
• Considerable increase in the
  power of states
  – Despite anarchic potential of
    some ICT usage
• But the biggest beneficiaries
  are those corporations selling
  and implementing the
  technologies
Is e-government ‘right’ or
        ‘wrong’?


         …in your
         contexts
Keeping in touch….



                 http://www.ict4d.org.uk
                 http://ict4dconsortium.rhul.ac.uk/elgg

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ICT, Citizens and the State: moral philosophy and development practice

  • 1. ICTs, citizens and the state: moral philosophy and development practices Tim Unwin UNESCO Chair in ICT4D Royal Holloway, University of London ICT4D Consortium Online Seminar Series, 2009
  • 2. Is the introduction of e- government initiatives in ‘developing’ countries a ‘good’ thing?
  • 3. On what grounds do we make such judgements? • Costs and benefits – Makes government delivery cheaper • Efficiency – Enables government business to be transacted more efficiently • Transparency – Reduces corruption and wastage in the system • Arguments generally made primarily on economic grounds
  • 4. But is the introduction of ICTs in e-governance ‘right’ or ‘wrong’? How does moral philosophy help us answer this question?
  • 5. Posted on Kictanet (2009) ‘...Pakistan has created a national smart ID card database, managed by the National Database and Registration Authority (NADRA). Currently this database holds 170 million fingerprints, 72 million facial images, and has already issued 70 million ID cards. … The mere scale of this database raises questions about access management, security, and interoperability, but these have yet to be answered. A centralised pool of information may be an invaluable tool to any government; especially one trying to raise its people out of poverty. But given how high the stakes are, we need to ask ourselves whether adopting a one-sided approach and focusing on the benefits alone will not harm those same people in the long run’?
  • 6. The example of national digital databases Positive and negative impacts on both citizens and states
  • 7. Positive benefits of national databases • For governments • For citizens – enables easier checking – Enables swifter access to of individual identities information – cheaper delivery of – Facilitates agencies in services accessing their life – Increased efficiency of histories for medical managing citizen control reasons – reduces ‘illegal’ – Individual benefits (in immigration terms of financial/tax and – Centralises diverse personal safety) gained sources of existing from government delivery information of more efficient and cost effective services – reduces numbers of civil servants
  • 8. But also negative impacts of national digital databases • For governments • For citizens – Costs of – Should states have biometric information about citizens? implementation and – Identity only proven through management the presence of the ID card – Potential failure of – Increases the potential of untried technologies identify fraud – Risks of fraudulent – Ultimately, citizens have to use of counterfeit ID pay for ID cards cards, as with – Increases potential for citizens to be subject to acts banknotes and of violence against them by passports states or agencies thereof – Increases potential for identity theft
  • 9. How do we decide what is right and wrong in this example? … especially in contexts where governments are not trusted
  • 10. Outline • The Information Society, WSIS and human rights • African information ethics and the Tshwane Declaration • E-government and changes in the relationships between states and citizens • Questions we need to ask about e-government to inform us whether it is ‘right’ or ‘wrong’
  • 11. Drawing on • 17th century European social contract theory – Especially Locke and Hobbes • Recent work in Information Ethics in an African context – Typified by Capurro et al. (2007) – And debates over the Tshwane Declaration • Critical realism – Raymond Geuss’s (2008) Philosophy and Real Politics • Popular debates on identity cards, national databases and surveillance
  • 12. Towards conclusions • In each particular ‘real’ context we need to ask three types of question about – Trust – Privacy – The system of law • And we need to rethink our taken for granted assumptions about ‘human rights’
  • 13. The Information Society and WSIS ‘We acknowledge the importance of ethics for the Information Society, which should foster justice, and the dignity and worth of the human person. The widest possible protection should be accorded to the family and to enable it to play its crucial role in society’ (WSIS, 2003, para 57).
  • 14. The Information Society and WSIS • Nowhere does this make explicit what is meant by “ethics for the Information Society” • Interesting emphasis placed on the family – How does this relate to the Information Society? • WSIS (2005) reaffirmed interest – To “address the ethical dimensions of the Information Society” – With emphasis on the Universal Declaration of Human Rights • “so that people everywhere can create, access, utilize and share information and knowledge, to achieve their full potential and to attain the internationally agreed development goals and objectives”
  • 15. Focus on Human Rights • WSIS claims are an ideal aspiration – Premised on the Universal Declaration • But do not reflect current reality – Especially in Africa • Contested nature of human rights is not recognised – ICTs have enabled powerful interests to assert their vision of human rights • US dominated model focusing on the individual as a ‘free’ labourer and consumer – But this is not necessarily in the interest of poor and marginalised peoples
  • 17. African Information Ethics… • Ethical considerations are essential so as to avoid an increased digital information gap in Africa • Distinction – Information ethics for Africa • The dominant modality, imposed from outside – Information ethics from Africa • Importance of African traditions in shaping African information ethics (Capurro, 2007) – Oral traditions – Communal traditions (ubuntu) • Perhaps European privacy concerns are less relevant?
  • 18. …Tshwane Declaration • But, failures of the political process (Frohmann, 2007) • ‘African information ethics is treated as a plug-in to a system of stable phenomena already assembled together in a fixed totality by’ the ‘three absolute and already stabilized virtues’ of universal human values, human rights and social justice • ‘the Declaration reflects the political reality of the Tshwane Conference, where instead of pursuing scholarly discussion of ethics in any philosophical sense the academic delegates were set the task of crafting a document – the Tshwane Declaration – only to find that none of their recommendations survived the final draft’
  • 19. National ID cards: an example of e-government
  • 20. Ghana’s National Identification Authority • 2. Q. How does the NIS benefit Ghana? – A. The NIS will facilitate: • development planning based on sufficient accurate population data. This will boost comprehensive national planning, especially in sectors such as education, health, employment and infrastructure; • delivery of social services such as health, retirement benefits and social administration; • delivery of credit facilities; and • identification of individuals for voting, insurance, licensing and general national security purposes. • 15. Q. What information will the ID Card bear? – A. The card will bear the holder’s unique identification number (assigned to him/her for life), name, photograph, fingerprint and residential/ home address.
  • 21. “How brokers mint millions in Kenya ID fraud” http://www.nation.co.ke/News/-/1056/561348/-/item/2/-/9575rbz/-/index.html
  • 22. Positive benefits of biometric ID cards • For governments • For citizens – Helps to guarantee – Simplifies proof of transparency and identity for purposes reliability of electoral such as banking, health, processes insurance – Prevents illegal activities – Reduces identity fraud and threats (claims that it – Enables foreign national reduces terrorism, illegal working in a state to have immigration, under-age proof of identity drinking and criminal – Facilitating travel to other activity) states that recognise the – Increases ability to identity card monitor movement of citizens
  • 23. But also negative impacts of biometric ID cards • For governments • For citizens – Costs of implementation – States do not currently have the right to have access to and management biometric information about – Potential failure of untried citizens; why should they? technologies – Makes identity only proven through the presence of the ID – Risks of fraudulent use of card, rather than through trust counterfeit ID cards, as in physical person with banknotes and – Increases the potential of passports identify fraud – Ultimately, citizens have to pay for ID cards – Increases potential for citizens to be subject to acts of violence against them by states or agencies thereof
  • 25. Three key moral issues need to be explored in choosing between ‘right’ and ‘wrong’ in e- Government: trust, privacy and the law Each within locally specific contexts
  • 26. Origins of Social Contract theory • 17th century Europe – Hobbes: Leviathan – Locke: Two treatises of government • People have rights that they give up to governments in return for protection (Hobbes) – Reconciling conflicting human desires for peace and power • They also have duties to replace corrupt governments (Locke) • But, do people actually have rights that they can cede to governments?
  • 27. Trust • Trust often seen as the basis for effective human cooperation – Underlying importance of regulatory environments in business and government – Yet 2008 financial meltdown has been a challenge to ‘trust’ • Trust and ICTs - Gerck (1998) – ‘trust is that which is essential to a communication channel but cannot be transferred from a source to a destination using that channel’ • Surveillance suggests that governments do not trust citizens – Why should citizens trust governments?
  • 28. Trust and e-Government • Three key issues – Where citizens do not trust governments, no amount of e-government will encourage the delivery of better governance – the use of digital technologies may actually be reducing the trust between citizens and governments rather than increasing it as intended and expected – No amount of e-government technology will actually make a government change its attitudes and approaches towards its citizens, unless that government has in the first instance decided to adopt new ethical stances towards concepts such as transparency, equity and fairness
  • 29. Privacy • Privacy as a good that can be weighed up against other goods (Etzioni, 2005) – Governments can pry into individuals’ lives to protect all citizens – External circumstances must change to permit this • Use of ‘terrorism’ as a justification • Or privacy as a means through which we have power over our own lives – But assymetric power relationships between states and citizens: states have more power than individual citizens • What if states cannot be trusted to be good? – ‘Reducing government’s ability to do bad things to us, at the cost of limiting its ability to protect us from bad things done to us by ourselves or by other people, may not be such a bad deal’ (Friedman, 2005)
  • 30. Freedom on the Net (2009)
  • 31. Privacy and e-Government • A fully transparent society (Brin, 1998) – Governments can watch citizens – And citizens can watch governments – But this is an idealistic view • Three key questions: – Will citizens ultimately benefit by giving up privacy rights to the state? – Do governments have in place mechanisms to avoid abuse of formerly ‘private’ information? – Do overall communal benefits outweigh losses of individual freedoms?
  • 32. Ethics and legal systems • Locke’s fundamental constitutional principle – the individual can do anything apart from that which is prohibited by law, whereas the state may only do things that are explicitly authorised by law • Important differences between systems of Common Law and Constitutional Law – Distinctions between existing practices and constitutional principles – Separation between legislature and government – Challenges in reaching international agreements
  • 33. The Law and e-Government • Three challenges – Technological innovation faster than ability of legal systems to respond – ICTs and globalisation leads to need for international agreements that are difficult to forge • All too often resorting to Human Rights agendas – Legality of ICTS • If some use of ICTs has not yet been defined as illegal, citizens are allowed to act with impunity • yet states should have to seek authorisation from the courts to be able to implement a new ICT based initiative, such as the construction of a national database of citizen information
  • 34. Conclusions • Challenges for human rights agendas and social contract theory – If people do not have rights that they can cede to governments, governments cannot claim legitimacy in using biodata – Need for a focus on responsibilities to balance hegemonic focus on rights • Importance of consideration of communities, not only individuals – And importance of African communal traditions in particular
  • 35. Who really benefits from e- Government? • Some benefits for citizens • Considerable increase in the power of states – Despite anarchic potential of some ICT usage • But the biggest beneficiaries are those corporations selling and implementing the technologies
  • 36. Is e-government ‘right’ or ‘wrong’? …in your contexts
  • 37. Keeping in touch…. http://www.ict4d.org.uk http://ict4dconsortium.rhul.ac.uk/elgg