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пятница, 25 января 2013 г.

Toward A New View of Law and Society: Complexity And Power In The Legal System

Contrary to its aim of promoting justice and equality before the law, in practice the American legal system increasingly favors moneyed and politically influential groups. The capture of Congress by campaign donors and lobbyists, accelerated by the Supreme Court's decision in Citizens United, is one prominent example, but this power dynamic is ubiquitous in political and legal institutions. This favoritism for the powerful can be best understood as deeply intertwined with, and even an inevitable result of, increasing complexity in legal institutions.

Corruption is a dynamic process. There is a symbiotic relationship between the legal system and powerful, regulated interests, which mutually benefit as they grow more complex and all-encompassing. The symbiosis between law and power is fractal in nature and can be found at all levels of hierarchy in the legal system.

First, laws enable new, partially unprestatable, strategy spaces for actors within the system. Creative actors seek adjacent-possible actions within the prevailing legal environment to achieve their desired ends. Naturally, these innovations produce unanticipated behaviors.

The unintended consequences are addressed through the creation of new laws, that again create partially unprestatable strategy spaces which are predictably further manipulated by powerful interests. This can create closed loops of mutually reinforcing laws and actions that is the basis of power structures.

Ironically, this self-defeating cycle ensures both the defeat of lawmaker's intentions and empowerment of the lawmakers. When regulated entities creatively evade the intent of legislation, it should represent a failure on the part of lawmakers. Instead, it empowers them to draft even more laws to remedy the defects of the old ones.

For example, drug prohibition laws empower police to intervene in drug trafficking networks. Increasing police intervention, however, raises the risk of selling drugs and consequently the price. This attracts more drug dealers and entices them to sell even more drugs. Even worse, prohibition spurs the development of new, dangerous compounds that evade existing laws, as well as more potent, concentrated forms of existing drugs for easier concealment and transport. These new societal problems alarm the community and inspire the passage of even harsher laws.

Police authority (and power derived from it) and prisons flourish with the drug trade in a mutually dependent relationship. As Milton Friedman once quipped, "If you look at the drug war from a purely economic point of view, the role of the government is to protect the drug cartel. That's literally true."

Second, the positive feedback loop between regulator and regulated re-enforces itself at a systemic level as vast networks of laws generate increasing legal complexity. This emergent complexity creates its own partially unprestatable strategy spaces that benefit knowledgeable, repeat actors over their less sophisticated counterparts.

During litigation, for example, parties with deep pockets exploit various laws to bury their opponents in discovery and file flurries of pre-trial motions to force dismissal of the suit or a favorable settlement. Large corporations also often prefer complex regulatory schemes because they shut out potential competitors by raising the barriers to entry. While small farmers struggle to comply with extensive FDA, EPA and USDA regulations, for example, large agribusinesses hire armies of attorneys to navigate these regulations. Due to its increasing complexity, legal regulation often empowers the very same entities that it intends to disempower.

Third, this co-evolution of law and action does far more than produce partially unprestatable and, hence, exploitable strategy spaces for regulated entities. Crucially, it enables moneyed interests to influence the substance of laws, their implementation or positions of power within the legal system. The establishment of government institutions in order to regulate economic activity, for example, creates the opportunity for corporate interests to infiltrate regulatory bodies and thus "capture" these institutions.

This capture may be overt and intentional, or arise naturally from the incestuous relationship created by the "revolving door" between industry and regulatory bodies. Either way, a cursory examination of American administrative agencies, regulatory bodies and even presidential cabinets and Congress shows that both Democratic and Republican administrations have been thoroughly infiltrated by industry-sympathetic technocrats. Perhaps this corruption is a feature, not a bug. Money loves power and self-reinforcing loops of legal regulation and their enabled strategy spaces concentrate both.

This model of the evolution of law as a co-evolutionary process challenges the prevailing view that policy makers can control legal outcomes. The idea that we can control assumes that our actions are both knowable beforehand by those seeking legal control and also cause whatever outcomes are produced. But the legal system exists in an unbounded state space where the possibilities enabled by legal institutions cannot be predicted ahead of time.

Laws that were created for specific reasons can be used for myriad other purposes based on unprestatable societal changes, which then influence the directionality of the laws in richly cross-connected and self-reinforcing feedback loops. As the legal system expands its diversity, specialization and redundancy, increased complexity benefits groups best able to exploit its burgeoning ecological niches.

The language of cause and effect must be replaced with enablement of partially unprestatable strategy spaces that jointly form self-reinforcing power structures.

The use of law to regulate social behavior can radically alter the power structures embedded within society. We should carefully consider the possibility that, as the legal system covers a greater breadth of human conduct, the laws serve as adjacent-possible niches for the benefit of the powerful and to the detriment of the powerless.


Caryn Devins is a third year, Law Review member of the Duke Law School

13.7: Cosmos And Culture : NPR


четверг, 10 января 2013 г.

Sci-Finance: The Great Cybernetic Experiment, Part 2

Оригинал взят у в Sci-Finance: The Great Cybernetic Experiment, Part 2

Before you start to think this all sounds too far-fetched, let’s connect some of these concepts back to one of the most famous descriptions of the market: a beauty contest.

The Keynesian beauty contest is the view that much of investment is driven by expectations about what other investors think, rather than expectations about the fundamental profitability of a particular investment. John Maynard Keynes, the most influential economist of the 20th century, believed that investment is volatile because investment is determined by the herd-like “animal spirits” of investors. Keynes observed that investment strategies resembled a contest in a London newspaper of his day that featured pictures of a hundred or so young women. The winner of the contest was the newspaper reader who submitted a list of the top five women that most clearly matched the consensus of all other contest entries. A naïve strategy for an entrant would be to rely on his or her own concepts of beauty to establish rankings. Consequently, each contest entrant would try to second guess the other entrants’ reactions, and then sophisticated entrants would attempt to second guess the other entrants’ second guessing. And so on. Instead of judging the beauty of people, substitute alternative investments. Each potential entrant (investor) now ignores fundamental value (i.e., expected profitability based on expected revenues and costs), instead trying to predict “what the market will do.” [eg, news, charts, etc.] The results are (a) that investment is extremely volatile because fundamental value becomes irrelevant, and (b) that the most successful investors are either lucky or masters at understanding mob psychology

Sci-Finance: The Great Cybernetic Experiment, Part 2

Peak Prosperity: Daily Digest 1/5

Sci-Finance: The Great Cybernetic Experiment

Оригинал взят у в Sci-Finance: The Great Cybernetic Experiment

Sci-Finance: The Great Cybernetic Experiment (adam)

Right off the bat, the first thing we should recognize is the following: big banking and finance have fully merged with cutting edge math, science, and technology—the very reason those “who yield more power than any potentate in the history of the world” are getting their PhDs from MIT and not your typical business school.

Related:

Complexity and the Emergent Market
Pandora's Black Box
A.I.: The New God of Economics, Banking, and Finance



Peak Prosperity:  Daily Digest 12/29 


четверг, 20 декабря 2012 г.

UNDERSTANDING IS A POOR SUBSTITUTE FOR CONVEXITY (ANTIFRAGILITY)

Death by Algorithm: West Point Code Shows Which Terrorists Should Disappear First

By Noah Shachtman

An infamous 1998 al-Qaida press conference, featuring Osama bin Laden (center). Photo: AP

Paulo Shakarian has an algorithm that might one day help dismantle al-Qaida — or at least one of its lesser affiliates. It’s an algorithm that identifies which people in a terror network really matter, like the mid-level players, who connect smaller cells with the larger militant group. Remove those people, either by drone or by capture, and it concentrates power and authority in the hands of one man. Remove that man, and you’ve broken the organization.

The U.S. military and intelligence communities like to congratulate themselves whenever they’ve taken out a terrorist leader, whether it’s Osama bin Laden or Abu Mussab al-Zarqawi, the bloodthirsty chief of al-Qaida in Iraq. Shakarian, a professor at West Point’s Network Science Center who served two tours as an intelligence officer in Iraq, saw first-hand just how quickly those militant networks regrew new heads when the old ones were chopped off. It became one of the inspirations for him and his colleagues at West Point to craft an algorithm that could truly target a terror group’s weak points.

“I remember these special forces guys used to brag about how great they were at targeting leaders. And I thought, ‘Oh yeah, targeting leaders of a decentralized organization. Real helpful,’” Shakarian tells Danger Room. Zarqawi’s group, for instance, only grew more lethal after his death. “So I thought: Maybe we shouldn’t be so interested in individual leaders, but in how whole organizations regenerate their leadership.”

These days, American counterterror policy is even more reliant on taking out individual militants. How exactly those individuals are picked for drone elimination is the matter of intense debate and speculation. The White House reportedly maintains a “matrix” of the most dangerous militants. Social-network analysis — the science of determining the connections between people — almost certainly plays a role where those militants appear on that matrix.

It’s clearly an imperfect process. Hundreds of civilians have been killed in the drone strikes, along with thousands of militants. And while the core of al-Qaida is clearly weakened, Obama administration officials will only talk in the vaguest terms about when the war against the terror group might some day come to an end.

In a paper to be presented later this month before the Academy of Science and Engineering’s International Conference on Social Informatics, Shakarian and his West Point colleagues argue for a new way of using social-network analysis to target militants. Forget going after the leader of an extremist group, they say. At least right away.

“If you arrest that guy, the number of connections everyone else has becomes more similar. They all become leaders. You force that terror group to become more decentralized. You might be making it harder to defeat these organizations,” Shakarian says.

This chart shows how West Point’s “GREEDY_FRAGILE” algorithm renders a network brittle by removing relatively few nodes.

The second illustration depicts a terror network, as the algorithm centralizes it — and makes it easier to break. Photos: West Point

Instead, counterterrorists should work to remove militant lieutenants in such a way that terror leaders actually become morecentral to their organizations. That’s because a more centralized network is a more fragile one. And a fragile network can ultimately be smashed, once and for all.

The West Point team — which includes professors Devon Callahan, Jeff Nielsen, and Tony Johnson – wrote up a simple (less than 30-line) algorithm in Python they named GREEDY_FRAGILE. It looks for nodes that can be taken out to “maximize network-wide centrality” — concentrate connectivity in the terror leader, in other words. The professors tested GREEDY_FRAGILE against five data sets. the first is the social network of the al-Qaida members involved in the 1998 bombing of the U.S. embassy in Dar es Salaam; the other four are derived from real-world terror groups, but anonymized for academic use.

“In each of the five real-world terrorist networks that we examined, removal of only 12% of nodes can increase the network-wide centrality between 17% and 45%,” the West Point authors note in their paper. In other words, taking out just a few mid-level players make the whole organization much, much more fragile.

Interestingly, GREEDY_FRAGILE works even when the exact shape of the network is unknown — or when certain nodes can’t be targeted, for political or intelligence reasons. In other words, it takes into account some real-world complications that counterterrorists might face.

Now, this is just a lab experiment. No actual terrorists were harmed in the writing of this paper. The algorithm only looks at “degree” centrality — the number of ties a node has. It doesn’t examine metrics like network “closeness,” which finds the shortest possible path between two nodes. Nor does it take into account the different roles played by different nodes — financier, propagandist, bomb-maker. That’s why the work is funded by the Army Research Office, which handles the service’s most basic R&D efforts.

What’s more, the authors stress that their network-breaking techniques might not be a good fit for every counterterror plan. “It may be desirable to keep certain terrorist or insurgent leaders in place to restrain certain, more radical elements of their organization,” they write.

In fact, the authors strongly hint that they’re not necessarily on board with the Obama administration’s kill-don’t-capture approach to handling terror networks.

“We would like to note that the targeting of individuals in a terrorist or insurgent network does not necessarily mean to that they should be killed,” Shakarian and his colleagues write. “In fact, for ‘shaping operations’ as the ones described in this paper, the killing of certain individuals in the network may be counter-productive. This is due to the fact that the capture of individuals who are likely emergent leaders may provide further intelligence on the organization in question.”

That sort of intelligence may suddenly be at a premium again. From the Pentagon chief on down, the U.S. is increasingly worried about al-Qaida’s spread into unfamiliar regions like Mali and its association with new, shadowy militant groups in Libya. GREEDY_FRAGILE, if it works like Shakarian hopes, might show the counterterrorists which militants to target — and which so-called leaders to leave alone. For now.



http://www.wired.com/dangerroom/2012/12/paulos-alogrithm/

Big Brother 101

Could your social networks brand you an enemy of the state?

Hub Bubs
Hub Bubs The people seemingly at the center of social networks-the hubs with the most connections-may not be so central after all. The highly connnected Diane appears to be the main hub here, but no real damage is done when she leaves the picture, below (one reason you never want to be a Diane at your workplace).

Instant Expert:

By some counts, government snoops are sifting through data from a billion or more phone calls and online messages daily. What might they be looking for?

  • WHO: The National Security Agency and other intelligence groups
  • WHAT: Processing and connecting data from phone calls, e-mails, online postings and financial transactions
  • HOW: Using social-network analysis (the study of how people interact) and data-mining techniques (such as pattern-recognition algorithms) first used for artificial intelligence and consumer marketing
  • WHY: To help uncover the structure of potential terrorist groups-far too secretive and dispersed to locate with traditional detection techniques-and decode their intentions

Continue http://www.popsci.com/scitech/article/2006-08/big-brother-101