Category: Uncategorized (Page 2 of 11)

Eight categories for how DWP uses data

Yesterday I was skimming the UK Department for Work and Pensions (DWP) latest whitepaper, called “Get Britain Working”, to see how they planned to use technology to help them deliver the policies and public services in it.

In doing so I was struck, not for the first time, by the wide number of ways in which the words ‘digital’ and ‘data’ are used across the public sector. As an experiment I thought I’d try to categorise them. This post is about ‘data‘, I might publish a similar post about ‘digital‘.

The categories in this whitepaper will be far, far, away from a complete list and all categorisations are loaded in some way, but some light grouping came up with eight categories that were interesting to me:

  • data as an input to and output of scientific research
  • data as an input to and output of a tool or public service
  • data produced as an official statistic 
  • data produced for policy development
  • data produced for service planning
  • data to describe a type of computer system
  • data as something that needs governance and could be used for many purposes
  • data as an enabler of unspecified other things

The current UK government, like all the previous governments, plans to make more use of data and technology. There are initiatives like the Data (Use and Access) Bill, the DSIT digital centre, and the National Data Library.

It’s interesting to consider which of these categories of data uses the UK has the capability to do repeatedly to a decent standard, and which are the ones where more work might be required.

Data as an input to and output of scientific research

There was one case of data being an output from a scientific research study. Data will be an input to this study too. There are a range of legal, ethical and professional frameworks guiding scientific research.

Research is one of the purposes that the National Data Library is meant to support .The current text of the Data Use and Access bill includes a change to the legal definition of research. The change broadens the definition of research beyond scientific research in the public interest.

“a place-based real-world evidence study … aims to evaluate the effectiveness of tirzepatide on obesity and its impact on obesity-related conditions in a real-world setting… As well as data on patient outcomes, such as a reduction in rates or even reversal of conditions such as diabetes, CVD and poor mental health, the study will also …”

Data as an input to and output of a tool or public service

There was one case of a new tool that uses data to produce data.

In this case the tool would provide a prediction that an individual is at risk of not being in education, employment or training. This might also be referred to as a public service that includes automated decision making (ADM).

This kind of tool comes with multiple risks, such as: unfairness and discrimination against some communities, or that the prediction is treated with too much certainty and used inappropriately by other tools, people or organisations when it might turn out to be flat out wrong.

Data-driven public services is one of the purposes that the National Data Library is meant to support and that the DSIT digital centre works on with departmental teams like DWP Digital.

“We will publish new guidance on using a Risk of NEET Indicator (RONI) approach and provide a new data tool so that local authorities can better identify those at risk of becoming disengaged and put preventative measures in place”.


“Under the accountability and data sharing frameworks of a future Youth Guarantee, the college informs the Mayoral Combined Authority that Luca is at risk of not being in education, employment or training.

A local, youth-focused community organisation commissioned by the Mayoral Combined Authority reaches out to Luca to offer support and encouragement to re-engage and explore his employment or further education options”

Data produced as an official statistic 

There were several references to data that, when you follow the footnotes, has been produced as an official statistic.

Official statistics are independently regulated by the Office for Statistics Regulation and there is a community of practitioners in and around the public sector.

Data shows that only around 31% of prison leavers are in employment 6 months after release and 46% are employed in the 6 months following completion of a community sentence.”


“While many mothers want to care for their children full time, survey data indicates around half of non-working mothers would prefer to work”


“The latest available data shows that the relative poverty rate (after housing costs) of children in households where all adults work was 14%, compared to 75% for children living in households where no adults work”

Data produced for policy development

There were multiple references to data being used to help develop policies.  It is unclear whether this data would be produced to similar methods and standards as official statistics or whether some other approach would be used.

While official statistics are openly published, data for policy development might be kept within the public sector and not published transparently. Often data for policy development comes from multiple sources and is linked together and analysed to find insights.

Existing initiatives like the ONS’s Integrated Data Service and DSIT’s data marketplace might support this work.

“The government wants local areas to have improved data to understand local population needs and to help design future programmes. We also need better data to track outcomes and develop the evidence base”


“We will continue to engage the expert Labour Market Advisory Board announced by the Secretary of State for Work and Pensions to provide the government with insight, ideas, and challenge. The immediate priorities of the Board…include job quality and progression, opportunity and equalities, health and inactivity, regional inequalities and data


“By linking migration data with skills and employment policy, we will ensure that training in England is aligned to labour market needs”


“It will draw on local and regional vacancy data and Local Skills Improvement Plans (LSIPs) to inform its skills needs assessments”

Data produced for service planning

There were a couple of places where data appears to be being used to help plan and carry out operational services.

This might be produced using similar methods as data for policy development, but it typically has a different audience with different capabilities and needs.

“This will work with Integrated Care Board leaders to further reduce waiting times and improve data and metrics and referral pathways to wider support services.”


“In August, the Department for Education introduced new statutory guidance for schools and local authorities on improving attendance, supported by comprehensive near real-time data in England

Data to describe a type of computer system

There was one reference to a type of computer system for data.

A team developing and maintaining a system like this might follow guidance from the DSIT digital centre or, as this particular system is in the health sector, guidance produced by the Department for Health and Social Care or NHS England.

“as well as exploring opportunities to utilise the data platform created by Our Future Health in partnership with the NHS”

Data as something that needs governance and could be used for many purposes

There were a couple of broad references to data being information that could be used for many things, but that needed appropriate governance. 

Local Get Britain Working Plans trailblazers that require “governance and management – including accountabilities and responsibilities across partners, and arrangements for data sharing


Youth guarantee trailblazers that require “Governance and management – including accountabilities and responsibilities across partners, arrangements for making the best use of data, and management structures.“

Data as an enabler for other unspecified things

And a couple of references to data being something that could enable other, loosely specified, things. These examples seemed to differ from the above as they did not explicitly mention aspects of governance.

“Developing further tools will also provide the foundational data to enable further opportunities to transform the services”


“To enable [more enhanced collaboration between Jobcentre Plus and the National Careers Service], a new England-wide data sharing agreement between the Department for Education and DWP will be put in place from winter 2024”

No, the Postcode Address File should not cost £487m

In 2021 the UK government’s Geospatial Commission prepared a briefing paper for some discussions about address data. It has been released to the journalist James O’Malley after a freedom of information request.

The paper was prepared in response to the long-running campaign asking the government to deliver on political commitments to make the list of UK addresses – and other non-personal geospatial data – freely available. People could then use the data to improve public services or build innovative new businesses.

The paper includes the mind-boggling statement that a government project in 2016 estimated that the cost to the UK government of buying back UK address data from the Royal Mail would be £487m. 

Yes, you read that right. That figure was four hundred and eighty seven million pounds.

I made this very amusing image using a highly sophisticated meme generator

It’s a big number and – if true – one that would call into question the whole campaign.

But, it doesn’t hold up to critical scrutiny and, unfortunately, the 2021 paper repeats this estimate without questioning it.

The civil service needs to be less credulous when it comes to claims over the financial value of data assets, and the UK government needs some fresh analysis.

Valuing intangible assets is difficult, valuing a commercial product is much easier

Valuing intangible assets, like data, is difficult. I’m such a fun person that I read books and academic papers about the different ways it can be done.

But, to the Royal Mail address data is fundamentally a commercial product line. Or, to put it another way, a small business within their larger business. 

At the simplest level the product is created when Royal Mail adds postcodes to the addresses created by local authorities. The Royal Mail then sells the resulting data product – under a commercial licence – both back to the government and onto other businesses.


A simplified view of the address creation process for England and Wales. Image created by Anna Powell-Smith of the Centre for Public Data. For a more detailed explanation read Owen Boswarva’s primer.

This product is regulated. Every year it brings in about £30m of revenue and generates about £3m in profit.

A valuation of £487 does not pass the ‘smell test’

A price of £487m values that product line at a multiple of 162 (one hundred and sixty two) times its yearly profit of £3m.

If the valuation is true then that single product line would account for 15% (fifteen percent) of the current market capitalisation of the Royal Mail’s owner, IDS (International Distribution Services).

To put that further into perspective the whole of the IDS business has a turnover of £12bn. 400 (four hundred) times the turnover of this product line of address data. Yet somehow this small product line is 15% of the market capitalisation?

The IDS annual financial report does not even mention address data. It is too small a part of their overall business.

The valuation discussed by the UK government’s Geospatial Commission in their paper makes no sense. It does not pass the smell test.

We can imagine some negotiations

But, let’s look deeper. I can imagine the Royal Mail’s negotiators asking for such a large figure from the government. Why wouldn’t you try?

The Royal Mail might have talked about the economic value that better and more accessible address data could create for the UK economy. They might be thinking that they hold a unique asset and have the UK government over a metaphorical barrel. They might have argued that the £3m a year in profit was necessary for the financial viability of the Royal Mail. The negotiators might have said that only the Royal Mail can create addresses that work for deliveries around the country and that it was a vital part of delivering the UK’s universal postal service.

This is what OpenAI’s DALL-E thinks tough business negotiations would look like. So tough that there’s not even a packet of biscuits on the table.

But the argument in return is that most of the effort that goes into creating address data comes from local government officials around the country. That if the address data they create is good enough for other services and other delivery firms then it can be good enough for the Royal Mail too. And, most importantly, the small amount of financial value that this product line creates for the Royal Mail’s own business.

But the negotiations should have simply started with a fair market value

But, to draw a comparison to the physical world, this type of negotiation would also have been the wrong starting point.

If the government needed to compulsorily purchase a piece of land or a business to build some physical infrastructure the discussion starts at the market value that a willing seller might find on the open market. The buyer selling a piece of land does not get to claim a percentage of the larger economic value that the new infrastructure could create for society. They simply get to sell their asset at a fair price.

The negotiations for selling the Postcode Address File back into the public sector should have started the same way. This would have cut through the complexity of data valuation.

No other buyer would pay £487m for a regulated product that creates £3m in profit a year, a multiple of 162. It is not the market value.

UK government and Royal Mail need to be realistic about the market value of address data

The campaign to open up UK address data is supported across the political spectrum. Most recently it was supported by peers from four political parties – Labour, Conservatives, Greens and Liberal Democrats.

A Minister from the previous government rejected their request and referenced this flawed report from 2016 that includes this unrealistic figure of £487m. The Minister should have asked the civil servants to start again.

The new UK government is building a digital centre for government and plans to create a National Data Library to deliver better services to people, researchers and businesses. That National Data Library could create significant economic and social value for the UK, particularly if it opens up foundational datasets, such as geospatial data. Other countries are doing this and the UK is falling behind.

As part of that work the Ministers from the new Labour government should ask their officials to stop relying on their flawed, old work and carry out a fresh analysis of address data.

Two events on different types of ‘public good’

‘Public good’ is a term that is frequently used in debates about data, statistics and AI. It has featured prominently in UK government policy and strategy, but the term isn’t always well defined or explored.

But in the UK it can seem like there is little recognition that there are different uses of the term ‘public good’ in debates elsewhere in the world, particularly with the emergence of the concept of ‘digital public good’. Sadly UK policy seems to have gradually become more insular over the last decade as the country has wrangled with the results of the Brexit referendum and a seemingly never-ending carousel of ministers with responsibility for this area.

The UK’s new Labour government’s draft industrial strategy, published in 2022, said that “our second mission will be to harness data for the public good“. It has created a new “digital centre” within DSIT and plans to build a National Data Library.

It seemed a good time to explore the concept of ‘public good’ a bit more., soJob de Roij and I from the RSS’s Data Ethics and Governance section have organised a couple of online events with speakers with expertise in both the UK and more globally.

Both events are free for RSS members, and £10 for non-members.

Read on for more about the two events, the confirmed speakers, and some background reading on the topic.

Event 1: For the public good

The UK Statistics Authority’s Five Year Strategy 2020-2025 is called Statistics for the public good. It also features in Labour’s draft industry strategy.

While some work has been undertaken to unpick this term by understanding how the UK public think of it, and to review how the public good can be enhanced to support policy makers, regulators and practitioners, there is more work to be done to ensure that statistics and statistical processes truly serve the good of the UK public.

Speakers

Starting questions

What do we mean by “serving the public good”? What are the gaps in our understanding of how to make things serve the public good? How do we fill those gaps?

Event 2: As a public good

Meanwhile there is growing attention around the world to the concept of ‘digital public goods’.

The UN defines digital public goods as “solutions and systems that enable the effective provision of essential society-wide functions and services in the public and private sectors”.

Identity assurance and payment systems are well-known examples of digital public goods. Certificate transparency, which underpins website security, a less well-known example.

In the world of statistics things like national statistics or the new ONS Integrated Data Service could be grouped into the concept of digital public goods. But what other kinds of digital public goods might, or should, exist that are relevant to statisticians? 

Speakers

Starting questions

What is a digital public good? When is data, AI and statistics a public good, and when is it not? Are any digital public goods that could help statisticians serve the public good missing? How do we build and govern digital public goods?

Further reading

If you want to read more about this topic then some links are below. Skeet or mail me if you think other things should be added.

Three thoughts from last week’s address data debate

The UK has an official list of building addresses and their locations – ‘address data’. This data is a vital resource for building public and private services that rely on locations, and is part of our national data infrastructure. At the moment, the UK’s address data is expensive, hard to access, not always accurate, and hard to correct. This causes problems for businesses and other organisations that rely on address data – and ultimately it affects us all.

A bit of legislation that would require the government to publish a list of addresses for the UK for free was debated in the House of Lords last week. Owen Boswarva has extracted the relevant text bits from the full Hansard record. James O’Malley has videos.

The debate had contributions from Labour, Liberal Democrat, Green and Conservative backbenchers. The Minister for the Conservative government then rejected the amendment.

Reading and watching back the debate made think about three things:

  • The government agreed to share deeper analysis, which is good news
  • But it misunderstands why previous attempts to recreate UK address file failed, that is bad news – and not just for addresses
  • The risks of openly publishing address data, or of not publishing it, are misunderstood

The government agreed to share deeper analysis

The Minister said that they were “very happy to share deeper analysis” of address data. This is good news, both because better evidence can create a better debate but also as it indicates that the government actually has some analysis.

The Geospatial Commission said they had no analysis

In 2022 the Geospatial Commission responded to a Freedom of Information (FOI) request by saying that it did not assess address data when preparing its strategy. Similarly in 2023, when the Geospatial Commission was agreeing a £31m contract with the Royal Mail, they said that they did not perform any analysis of the costs, benefits or alternative options.

There were some previous projects that did do deeper work. For example, in 2017 the government spent £500k, out of a potential budget of £5m, investigating how to create an open address file.

The results of a 2017 project were not published

Unfortunately 95% of that money was spent by the Ordnance Survey and government has refused to share the results. Perhaps now is the time to share the work that Ordnance Survey did?

Those FOI requests, and Baroness Bennett’s question about the benefits that other countries who have openly published address data are seeing provide tips on the kind of ‘deeper analysis’ that should be performed and made available.

A map of open address data around the world from OpenAddresses.io

A misunderstanding of why previous attempts to recreate UK address data failed

The Minister referred to previous attempts to recreate the UK’s address data, saying

the resulting dataset had, I am afraid, critical quality issues”.

Viscount camrose

As someone who spent part of 2014/15 working on a project to recreate the UK’s address data that was not why our project was stopped. The Minister might want to ask officials for more details as we learned some interesting lessons that the government needs to learn too.

The kind of innovation that government policy wanted to support

Our approach to recreating the UK’s address data was to start with data that the UK government already publishes. In line with the government’s “open by default” data policy, organisations like the Land Registry, Companies House, and the Valuation Office Agency spend money to make the data they hold available for other people to use. Some of this data contains address information.

We took this government data and extracted the addresses to form a starting dataset of millions of records. We could then ‘learn’ additional addresses through a combination of statistical techniques and information provided, with meaningful consent of course, by users of address services. This was all built into an API designed to make online services work better for more people.

We intended to make the bulk data available for free, and then generate just enough revenue for sustainability – perhaps from high volume users of the API. We set ourselves up as a not-for-profit company.

It was the kind of innovation that the government’s open by default policy is intended to support.

Much of the government’s open data was not ‘open’, this creates legal risks

Unfortunately we found that much of the government’s open data was not actually ‘open’.

The government’s copyright licence (the Open Government Licence, or OGL) excludes third party intellectual property rights. The third parties who hold IP rights in address data, Royal Mail and the Ordnance Survey, are litigious and many of the government organisations that published the data were unable to be clear on whether or not there was Royal Mail or Ordnance Survey rights in the data they published. We only used datasets where the publishing organisation told us it was ‘safe’.

But even though it was government organisations publishing the data they would not be liable if there was a legal issue. We would be. So we needed insurance cover.

I am reliably informed that multiple people received legal warning letters for this Private Eye piece that used address data to understand foreign ownership of UK properties. I wonder how Private Eye responded.

But given the risks only one insurance company was willing to offer cover and that was on unrealistic terms. So, we stopped the project.

To put it another way, an innovative, not-for-profit business could not use the data that multiple government organisations published to support innovation, because another government organisation might take legal action.

There are new plans to publish more government data, they risk the same problems

Zooming forward in time from the ancient history of 2014/15 and back to the present day various UK government departments are currently making new plans to publish more government data.

This is because of initiatives like the Vallance report on pro-innovation regulation of technologies and a desire to support the UK’s AI industry. High-quality, authoritative government reference data is one way of reducing the hallucinations that the current generation of AI models suffer from. Sounds sensible, right?

But publishing widely used address data is a lot simpler and safer than much of the planned work, yet the government failed to do so in a way that allowed organisations to clearly understand what they legally could, or couldn’t, do with it. Will this new wave of government data come with instructions telling AI models and engineers not to do anything with addresses? And what other third party rights might be lurking in there? Or will government just make AI’s copyright issues even more complicated.

If the government does not understand why its previous attempts to publish data did not yield the desired benefits then I fear a lot more wasted money in the future.

The risks of openly publishing address data are misunderstood

In the debate Lord Bassam said

 “there is a balance to be struck between privacy issues and the need to ensure that service delivery and commercial activity operate on a level playing field

LORD BASSAM

It is good that politicians consider privacy issues, but this misunderstands the risks.

Address data does not create new privacy risks

The list of addresses does not tell us where specific individuals live, the only personal data involved is likely to be those of people who name their business address after themselves. Instead address data tells us where people might live, work and play but not who is living, working or playing there.

(As an aside: I don’t want to imply that there are no risks of privacy, or other human rights, breaches with non-personal geographic data. For example in a separatist war in Sudan in 2011 atrocities were carried out because satellite data showed where particular groups of people were. But, hopefully, the UK is a long way from a separatist war and, let’s be honest, truly harmful actors will either simply buy the address data or use an illegal copy.)

The harms created by the lack of access to address data are more pressing

By contrast Lord Clement-Jones pointed out that 

The harms created by the lack of access to address data are more pressing

LORD CLEMENT-JONEs

While Baroness Harding pointed at the issues with the current data quality saying:

the quality of the data is not good enough….Anybody who has tried to build a service that delivers things to human beings in the physical world knows that errors in the database can cause huge problems. It might not feel like a huge problem if it concerns your latest Amazon delivery but, if it concerns the urgent dispatch of an ambulance, it is life and death.“

BARONNESS HARDING

Elsewhere the National Audit Office has pointed to the challenges of creating and using the shielding list of people with extreme clinical vulnerabilities during the pandemic. One of the challenges was inconsistent address data in different formats in different IT systems and organisations. This is one of the many challenges that opening up the official list of address data will help with, because over time more organisations will refer to and use the same reference data.

If the funding model changes then will quality drop?

There is one risk that was not discussed in the debate though.

If the maintenance and publication of address data is not funded from licence fees collected by Royal Mail and Ordnance Survey then will the quality drop?

This is where there is an important balance to be struck as people and organisations need the correct incentives to publish useful data.

Bluntly, this is the risk I worry about the most. Money is only one type of incentive but it is an important one in this context and it is one of the reasons why I’m so keen to see some deeper analysis of the current costs.

Experience tells me that the current costs are significantly overstated – particularly the Royal Mail who claim costs of ~£25m/year for ~300,000 changes/year. But however much the costs can be reduced it will still cost money to publish quality address data.

Making the publication of the data a statutory duty, as this amendment would have done, is one way to help tackle this risk. It requires the government to fund and do the work.

Perhaps the money might come from general taxation, and the increase in economic activity that will come from publishing the data? Or perhaps from a small increase in registration fees collected by local authorities who do most of the work to create addresses? Or a small increase in the Land Registry transaction fees, after all they handle nearly 50 million transactions per year?

Other countries have changed legacy business models, the UK should too

Whatever the final decision it will need some coordination and activity from a few public bodies willing and able to work together to publish address data as a public service.

And that’s where I hope the government is really focussing its analysis. Not on whether to publish address data for free, but on how to do it.

Because in the 21st century it is pretty sensible for high-income countries to make reference data, like addresses, as widely available as possible. That is why peers from so many different parties supported this amendment, and why so many other countries are doing the work.

The hard part of the work is changing the legacy business models and incentives of government organisations so that they make it happen. Other countries have done that, and it’s long past time for the UK to do the same.

A list of books I read in January 2024

Note

I read a lot of papers and blogposts for work too. Things that I need to write down so they can be found again tend to be bookmarked on Pinboard.

How much extra spam will the UK’s Data Protection and Digital Information Bill create?

The UK’s Data Protection and Digital Information Bill continues to work its way through Parliament. The UK government hopes to get it completed in the first half of 2024.

The bill is complex with lots of different parts. When the UK government first started promoting the bill they said that one of the ways it would help the public was by reducing cookie pop-ups, reducing the chance of people being pestered by seemingly unnecessary alerts.

Unfortunately, the bill will do little to cookies – that’s a problem that industry is trying to ‘solve’ – but it looks like it could significantly increase the amount of unwanted spam and letters that people receive. From some figures it looks like there could be a 25% increase. Uh oh.

Image by DALL-E and me.

The bill makes it easier for more organisations to send unwanted mail

Current UK legislation and guidance effectively says that unless organisations have consent then they need to carry out a number of tests to decide whether they have a ‘legitimate interest’ in sending direct marketing to people.

The data protection regulator say that those tests mean organisations need to consider things like the nuisance factor of unwanted adverts and the effect they might have on people in vulnerable situations. Sounds sensible.

If the regulator’s guidance is not followed then organisations can be fined. That also sounds sensible.

But the new bill explicitly says that direct marketing – a category that includes things like posted or emailed adverts – is an example of a legitimate interest.

The bill is long and complex, you’ll find the change in the section on “lawfulness of processing”, but what does it mean for people?

Industry thinks this will mean that a lot more money is spent on adverts

At a conference last year the CEO Direct Marketing Association said that this change is an important clarification and that they expect it to mean that an extra £250m will be spent on printing and posting adverts through people’s letterboxes.

The Advertising Association said that £1.1bn was spent on direct mail in 2021 so an extra £250m means about a 25% increase in the amount of printed adverts that we’ll all get.

If those estimates are correct then it seems reasonable to think that there’ll be a similar 25% increase in the number of emailed adverts.

Obviously some adverts are useful, but people hate spam

Last year I worked on a project with the team at IF that researched how people felt about advertising.

It was pretty clear that most people like some advertising, I mean who wouldn’t want a discount for their favourite food in the middle of a cost of living crisis.

But it was also very clear that people hated unwanted advertising, particularly when it came through their letterboxes and into their emails, and that there was too much of it already.

Another image by DALL-E and me. I have a lot less hair than this.

Unwanted adverts makes life harder for everyone because we need to wade through them to find meaningful things, like the increasing number of notifications that public services send us about our taxes, health, or benefits.

It makes it particularly hard for people in vulnerable situations. Some people find it harder to sift through the volume of letters and emails to find the important things, while more people with specific vulnerabilities might be targeted by bad organisations.

That is why the ICO recommends those tests under the current legislation. It helps reduce the proportion of unwanted, or actively harmful, adverts that people receive.

In IF’s research we also found that people wanted other ways to reduce unwanted adverts, for example by using their legal right to object. Unfortunately that legal right is not being respected.

Instead of fixing these things – and giving people more useful and controllable advertising – the government seems to be changing the legislation so that more adverts can get sent.

Do the industry’s figures on increased spend on advertising feel ‘right’?

It is genuinely hard to tell if the industry’s figures are accurate. 

Government has published an impact assessment for the bill. It says that this change will save organisations about £4.5m per year and notes the potential risks to people in vulnerable situations.

The impact assessment does not attempt to quantify those risks whether in monetary terms, in terms of the number of people affected, or the number of extra unwanted adverts that people will receive. It does not bring to life how an increase in marketing will affect people.

But will advertisers really spend even more money on advertising? Or just shift it between different types of advertising like direct mail, email and online adverts? Perhaps they will spend more money but it will simply get swallowed up within the opaque online advertising industry?

Who knows.

But given that the expected benefits are a tiny £4.5m a year in reduced costs, perhaps more people should be asking how much extra spam people will get in return?

Robots terms of service

In 2023 one of the AI debates was about when information and data on the web can be used to train AI models.

In late December we saw another billion dollar court case as the New York Times alleged that Microsoft and OpenAI had unlawfully used news articles to create AI models. 

In 2024 and beyond, then as well as the debate about how information can be used in relation to AI I expect we’re going to see more debate about how services can be used by AI. 

If we peer into the future, perhaps we need terms of service for robots?

AI services will connect services from multiple existing organisations in new ways

As Sarah Gold puts itwhen applied to technical infrastructure, LLMs become a kind of connective tissue…[they] will connect different systems – at scale. They will execute complex and multi-part tasks, across different departments and organisations”. 

From a consumer perspective this will manifest as different kinds of services, such as learned services that are deliberately designed for particular tasks like moving home or arranging a holiday, to more general-purpose AI agents that can help with a range of tasks.

The technology to enable these kinds of services is getting ever closer to working at scale, but services are not only made of technology.

A concept of a learned service that helps a family move home, by Projects by IF.

Service providers will have relationships with both users and AI providers

From the perspective of existing service providers this new wave of AI services will look like another relationship in addition to the existing relationship with service users. 

With AI agents there are important relationships between users, service providers, and the organisations that provide AI services. The new relationship between the AI service provider and its service users is also very important, but this post focuses on the relationship with existing service providers. Picture by me with assistance from DALL-E.

These kinds of three way relationships obviously already exist. Many people use travel agents to help arrange holidays. Supermarkets bring together food from multiple suppliers and make it available in one place. My sisters and I help my elderly mother use various services.

But AI has the potential to create new arrangements at speed, at scale, and without pre-existing contracts. To provide a simple example, an AI service could ring a series of hotels to make bookings for a train trip across Europe.

Many service providers will not be happy with AI services using their services

But just as existing service providers have not been happy with AI companies using information, many service providers will not be happy with AI services using their services.

Some of this discomfort will be from a simple fear of competition, but in other cases it will be because of other fears such as:

  • consumers being dissatisfied because a service does not meet their expectations, perhaps because an AI service generated an incorrect description of a hotel
  • risk of regulatory action, perhaps the AI service does not collect identity information in a way that meets local requirements
  • that it will generate degrading work for humans, for example through a large number of AI service providers using computers to make repeated phone calls for information
  • whether the existing service provider and AI service provider are receiving fair shares of the value created by the combined service

Robots terms of service

Some of these fears can, and will, be overcome by existing mechanisms.

Liability laws are being updated. AI services that take the mickey will be sued. Some AI and service providers will negotiate new contracts that create new rules for payment of commission, or for how workers should be treated. This will all need to happen across a large number of sectors, industries, geographies. 

But I also wonder if we need to look at some other existing concepts like terms of service, one of the, often lengthy, bits of legal text that humans get when we agree to use a service.

Picture by me with assistance from DALL-E.

If we are heading to a future where new three way relationships between humans, service providers, and AI-powered services can – and probably will – be created at speed, scale and without pre-existing contracts then, perhaps, service providers will need new terms of services that describe how AI robots can use their services?

Addresses, memes, and badges

A journalist managed to meme themselves, myself – and some wiser people – into a meeting with the Shadow Business Secretary, Jonathan Reynolds, to talk about how to free up the UK’s address data. There were even badges.

Jonathan Reynolds MP, James O’Malley, Hadley Beeman, Anna Powell-Smith and me. My PAF badge is in my pocket ‘cos wearing badges is not enough, in days like these.

Address data – ie the list of properties in the UK: 1 Acacia Avenue NE26, 2 Acacia Avenue NE26 – might seem a bit dull, but it’s actually really fundamental to our lives.

It’s digital infrastructure that’s used every time you order a pizza online, to every time you get home insurance, to that time the government needed to combine umpteen datasets to work out who was most at risk from the pandemic and then help them shield from it.

Anyway, UK address data has been partly privatised (into the Royal Mail), partly behind paywalls (Ordnance Survey), and tangled up in some really complicated copyright and business model stuff.

That holds back innovation, investment and makes all of the services we use a little bit worse as people need to spend time wrangling money, copyright, licensing rather than cracking on with doing stuff that can make our lives better.

It’s possible for a government to fix that mess, but it needs some will power. And the last few governments have, to be kind, had other things to do.

Jonathan Reynolds posted on X about the event. Unfortunately X’s product radar is so broken that I can’t simply embed the post nowadays. So, here’s a screenshot.

So, in the run up to the next election a few of us are doing the rounds to ask the political parties who might form the next government whether they’ll have a go at sorting it out

Anyway, you can read more on the meeting on James’ substack, and subscribe to his newsletter too.

If you subscribe then James might even send you a ‘free the PAF’ badge…

The Post Office scandal and the law about computer evidence

The Post Office scandal is one of the most outrageous miscarriages of justice in recent UK history.

For over a decade people were wrongly accused of defrauding the Post Office. Many were prosecuted. Many others will have paid money to the Post Office to stop the accusations. Eighty three convictions have already been overturned, with more likely to come. There were jail sentences, deaths, divorces, bankruptcies and suicides before justice started to be restored. A public inquiry is under way.

One thing the scandal shows is that the legal presumption that computers are operating correctly risks causing a lot more harm.

The building on the left of this picture used to be a combined sweet shop and post office, it was run by my grandparents. Fortunately they retired before the Horizon system was implemented. Image © Google.

Some of the problems were caused by computers

The root cause of the scandal is often described as being bad technology. Horizon, a system developed and operated for the Post Office by Fujitsu, was clearly not up to the job. It incorrectly reported that subpostmasters owed the Post Office money. But stories from subpostmasters, journalists, court cases and the ongoing inquiry show a broader set of failures.

The failures spanned a full stack of user interfaces, technology, organisations and public policy. Image by Projects by IF.

Security researchers at University College London have done a neat summary of many of the technical issues with the Horizon system that were identified by a judge in 2019.

Nick Wallis’s book, The Great Post Office Scandal, also contains evidence of other issues. Sometimes Horizon’s touchscreen interface was too slow to keep up with the speed that people could enter orders, while the training and tools provided to subpostmasters were inadequate.

But there were organisational failures too

Employees of the Post Office and Fujitsu falsely told victims, politicians, and courts that the IT system was working correctly. Both organisations had evidence of its ongoing failures.

To make things worse the Post Office was in the rare position of having the legal power to both investigate and bring private prosecutions. There appears to have been little oversight of how the Post Office was using those powers by the Post Office’s sole shareholder, the UK government.

A report to the public inquiry that was published last week said that the policies and training provided to Post Office ‘s investigation and prosecution teams was not adequate to ensure that investigations and prosecutions were fair, auditable, and in accordance with the interests of justice.

And the law is an ass

And, for the icing on the cake, the Post Office’s prosecutions relied on a piece of law that says that courts should presume that computers are operating correctly. It is for defendants to demonstrate that a computer is operating incorrectly.

As the Post Office case shows it is incredibly difficult for defendants to do that when some organisations are as broken and incapable of being honest as the Post Office and Fujitsu. The evidence that they held of system failures was not shared with defendants or the courts.

The UK government has said that it has no plans to review this piece of law. As the technology industry is currently moving towards more probabilistic forms of technology, like the current wave of AI foundation models, that will be an increasingly strange position to take.

This is a law that will not just harm people in extreme cases, like the Post Office, but in many other cases too.

But if the law is an ass, then the law is an ass. There need to be campaigns to review and change the law, but in the meantime we can also try and make the law less of an ass.

A nice picture of an ass that I found on the web.

Making the law less of an ass

Over the years most people that design, build and operate computer systems, products and services have realised that we need to mitigate the effects of computer faults.

But there’s less recognition, and less guidance, on how to reduce the chance of law, like the presumption that computers are reliable, being misused to harm people. The intent of this law was not to falsely jail people, but that is the outcome it has led to.

So, if you are responsible for designing, building or operating a computer system then you need to think about how and when to provide evidence that that system does have faults and flaws.

That means doing the basic things like collecting and storing evidence about problems with the computer, its user interfaces, and the surrounding organisational processes. The kind of things that most organisations do.

But it also means being prepared to do what can be a hard thing. To disclose that evidence, even when an organisation’s leadership – like the Post Office’s – decide not to.

Because a fair justice system that does not falsely prosecute and jail people is one of the most important foundations of society. And, as our society increasingly runs on computers, how the justice system handles evidence about computers is going to become ever more important to all our lives.

Why the public sector needs trust to innovate

The public sector is facing pressure to innovate in response to changing needs, financial pressures, and emerging technologies. To innovate it needs to be trusted. The public sector can earn and maintain trust by aligning data and technology use with democratic values.

The pressure to innovate is coming from multiple directions.

Read more

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