Algorithm Regulation

The car is emblematic of transformations in many other domains, from smart environments for “ambient assisted living” where carpets and walls detect that someone has fallen, to various masterplans for the smart city, where municipal services dispatch resources only to those areas that need them. Thanks to sensors and internet connectivity, the most banal everyday objects have acquired tremendous power to regulate behaviour. Even public toilets are ripe for sensor-based optimisation: the Safeguard Germ Alarm, a smart soap dispenser developed by Procter & Gamble and used in some public WCs in the Philippines, has sensors monitoring the doors of each stall. Once you leave the stall, the alarm starts ringing – and can only be stopped by a push of the soap-dispensing button.

In this context, Google’s latest plan to push its Android operating system on to smart watches, smart cars, smart thermostats and, one suspects, smart everything, looks rather ominous. In the near future, Google will be the middleman standing between you and your fridge, you and your car, you and your rubbish bin, allowing the National Security Agency to satisfy its data addiction in bulk and via a single window.

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This new type of governance has a name: algorithmic regulation. In as much as Silicon Valley has a political programme, this is it. Tim O’Reilly, an influential technology publisher, venture capitalist and ideas man (he is to blame for popularising the term “web 2.0″) has been its most enthusiastic promoter. In a recent essay that lays out his reasoning, O’Reilly makes an intriguing case for the virtues of algorithmic regulation – a case that deserves close scrutiny both for what it promises policymakers and the simplistic assumptions it makes about politics, democracy and power.

To see algorithmic regulation at work, look no further than the spam filter in your email. Instead of confining itself to a narrow definition of spam, the email filter has its users teach it. Even Google can’t write rules to cover all the ingenious innovations of professional spammers. What it can do, though, is teach the system what makes a good rule and spot when it’s time to find another rule for finding a good rule – and so on. An algorithm can do this, but it’s the constant real-time feedback from its users that allows the system to counter threats never envisioned by its designers. And it’s not just spam: your bank uses similar methods to spot credit-card fraud.

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O’Reilly presents such technologies as novel and unique – we are living through a digital revolution after all – but the principle behind “algorithmic regulation” would be familiar to the founders of cybernetics – a discipline that, even in its name (it means “the science of governance”) hints at its great regulatory ambitions. This principle, which allows the system to maintain its stability by constantly learning and adapting itself to the changing circumstances, is what the British psychiatrist Ross Ashby, one of the founding fathers of cybernetics, called “ultrastability“.

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Speaking in Athens last November, the Italian philosopher Giorgio Agamben discussed an epochal transformation in the idea of government, “whereby the traditional hierarchical relation between causes and effects is inverted, so that, instead of governing the causes – a difficult and expensive undertaking – governments simply try to govern the effects”.

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The numerous possibilities that tracking devices offer to health and insurance industries are not lost on O’Reilly. “You know the way that advertising turned out to be the native business model for the internet?” he wondered at a recent conference. “I think that insurance is going to be the native business model for the internet of things.” Things do seem to be heading that way: in June, Microsoft struck a deal with American Family Insurance, the eighth-largest home insurer in the US, in which both companies will fund startups that want to put sensors into smart homesand smart cars for the purposes of “proactive protection”.

An insurance company would gladly subsidise the costs of installing yet another sensor in your house – as long as it can automatically alert the fire department or make front porch lights flash in case your smoke detector goes off. For now, accepting such tracking systems is framed as an extra benefit that can save us some money. But when do we reach a point where not using them is seen as a deviation – or, worse, an act of concealment – that ought to be punished with higher premiums?

Or consider a May 2014 report from 2020health, another thinktank, proposing to extend tax rebates to Britons who give up smoking, stay slim or drink less. “We propose ‘payment by results’, a financial reward for people who become active partners in their health, whereby if you, for example, keep your blood sugar levels down, quit smoking, keep weight off, [or] take on more self-care, there will be a tax rebate or an end-of-year bonus,” they state. Smart gadgets are the natural allies of such schemes: they document the results and can even help achieve them – by constantly nagging us to do what’s expected.

The unstated assumption of most such reports is that the unhealthy are not only a burden to society but that they deserve to be punished (fiscally for now) for failing to be responsible. For what else could possibly explain their health problems but their personal failings? It’s certainly not the power of food companies or class-based differences or various political and economic injustices. One can wear a dozen powerful sensors, own a smart mattress and even do a close daily reading of one’s poop – as some self-tracking aficionados are wont to do – but those injustices would still be nowhere to be seen, for they are not the kind of stuff that can be measured with a sensor. The devil doesn’t wear data. Social injustices are much harder to track than the everyday lives of the individuals whose lives they affect.

In shifting the focus of regulation from reining in institutional and corporate malfeasance to perpetual electronic guidance of individuals, algorithmic regulation offers us a good-old technocratic utopia of politics without politics. Disagreement and conflict, under this model, are seen as unfortunate byproducts of the analog era – to be solved through data collection – and not as inevitable results of economic or ideological conflicts.