Tuesday, April 09, 2019

"Government “Social Credit” Scores for Individuals in China and the West: Smarter Governance or Social Control?"--Presentation at Ohio State University 12 April 2019


Looking forward to this.

backerTitle: Government “Social Credit” Scores for Individuals in China and the West: Smarter Governance or Social Control?
Date: Friday, April 12, 12:10-1:15 p.m.
Location: Moritz College of Law, Drinko Hall, Room 344 [Note that this location is different from the ones that we have used in the past].
Speaker: Professor Larry Catá Backer, W. Richard and Mary Eshelman Faculty Scholar, Professor of Law and International Affairs, Penn State Law School
Registrationhttps://osu.az1.qualtrics.com/jfe/form/SV_77FopxU9f5sEt4V





Friends from the Columbus area most welcome. In presentation is part of a larger project in which a group of us explore the ways that legal regimes of accountability and responsibility extended beyond the state challenge the settled ideology of state based law as the primary means of expressing binding choices of a regulated community. The challenges of data driven governance has produced a tendency toward either convergence or parallel contextually relevant development in national approaches to the construction of a regulatory architecture in China and the U.S. Our larger project undertakes  a study of those challenges as they converge or move in parallel. To that end we are considering the way that regulators (in the public and private sectors) have responded to these challenges (compliance versus regulation, and markets versus planning), we theorize what may be new forms of law making, and then explore this new form's its connection to the management of economic activity within both the Belt and Road and the America First Initiative. It all starts here.

PowerPoints for the presentation follow tomorrow; description follows below; related paper may be accessed here.





Description: Lenders have for many years employed credit scores to assess individuals and the level of risk that they pose. Today, governments are adopting “social credit” scoring systems that serve a similar function.

Social credit itself refers generally to a new mode of data-driven governance through which data analytics are used to create and operate algorithms that provide a basis for rewards and punishments for targeted behaviors. More specifically, it references the specific project of the Chinese state to create a comprehensive legal and regulatory mechanism grounded in data-driven metrics that they have named “social credit.” The phenomenon is not limited to China, however. In the West as well, data-driven governance systems are transforming the regulatory landscape.

In this presentation, Professor Larry Catá Backer will discuss this new form of data-driven social governance. He will examine the implementation challenges that it faces and will consider the resonances of China’s social credit initiatives in the West. He will explore whether accountability regimes grounded in behavior standards enforced through data-driven analytics may soon change the focus of public law from constitution and rule of law to analytics and algorithm.

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