Crowdsourcing the Law


Book Description

While the general public may feel uncomfortable discussing sexual assault and violence with neighbors or coworkers, the popularity of Twitter, Snapchat, and a host of other social media platforms suggests that we are not shy about expressing our opinions online. Debates that just a few years ago would have taken place in real life have been relocated online; allowing eager commenters to share their thoughts on guilt or innocence with legions of virtual strangers. Crowdsourcing the Law explores how everyday participants interpret and apply law in the influential online court of public opinion. Engaging a multidisciplinary, case study approach, the book analyzes social media comments about public figures such as Bill Cosby, Brock Turner, and Harvey Weinstein to address ambitious questions like: How are rape myths being challenged, reinforced, and reinvented on social media? What is the promise and peril of the #MeToo movement for transforming the law? And can due process be afforded in the face of an increasingly powerful virtual jury?




Constitutional Crowdsourcing


Book Description

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.




Crowdsourcing and the Law


Book Description

With the development and proliferation of new social and connective technologies, crowdsourcing is becoming a viable method for conducting many types of work. At the same time, however, these developments are progressing more quickly than the law and raising new legal questions that often do not have definite answers yet. This thesis address some of these legal issues that crowdsourcing raises. In this thesis, we begin by addressing four areas that might lead to legal problems in the near future. First, we look at the labor and employment law issues that might arise from online crowdlabor markets like Amazon Mechanical Turk (www.mturk.com) and oDesk (www.odesk.com). Then we discuss inventorship issues under patent law that services like InnoCentive might experience. Next, we consider how data security laws could be problematic for open innovation projects like the Netflix challenge. Finally, we explore potential intellectual property ownership problems under copyright law. After discussing these topics, this thesis then turns to examine in detail the area of crowdfunding. As the name suggests, crowdfunding refers to process of raising money through crowdsourcing. Until recently, one type of crowdfunding known as crowdfinance was largely illegal under federal securities laws. However, the law in this area is starting to change. In this chapter, we look at four different models for crowdfunding: donation, lending, reward/prepurchase, and equity investment. Following that, we consider how federal securities regulation might apply to crowdfunding, particularly the equity investment model. Finally we conduct a content analysis of three legislative proposals to create a limited exemption for crowdfunding in securities law that the U.S. Congress recently considered. Finally, we assess how crowdsourcing platforms use private contracts to bind their users to certain terms and conditions. This chapter begins with a primer on contract law. Then we examine the enforceability of standardized online agreements. Following that, we review several provisions that are common to nearly all crowdsourcing platforms. Finally, we conduct a content analysis of the specific Terms of Use contracts of several crowdsourcing platforms.




Working the Crowd


Book Description

This Article confronts the thorny questions that arise in attempting to apply traditional employment and labor law to “crowdsourcing,” an emerging online labor model unlike any that has existed to this point. Crowdsourcing refers to the process of taking tasks that would normally be delegated to an employee and distributing them to a large pool of online workers, the “crowd,” in the form of an open call. The Article describes how crowdsourcing works, its advantages and risks, and why workers in particular subsections of the paid crowdsourcing industry may be denied the protection of employment laws without much recourse to vindicate their rights. Taking Amazon's Mechanical Turk platform as a case study, the Article explores the nature of this employment relationship in order to determine the legal status of the “crowd.” The Article also details the complications that might arise in applying existing work laws to crowd labor. Finally, the Article presents a series of brief recommendations. It encourages legislatures to clarify and expand legal protections for crowdsourced employees, and suggests ways for courts and administrative agencies to pursue the same objective within our existing legal framework. It also offers voluntary “best practices” for firms and venues involved in crowdsourcing, along with examples of how crowd workers might begin to effectively organize and advocate on their own behalf.




A Guide to Open Innovation and Crowdsourcing


Book Description

Open innovation and crowd sourcing are the hottest topics in strategy and management today. The concept of capturing ideas in a hub of collaboration, together with the outsourcing of tasks to a large group of people or community is a revolution that is rapidly changing our culture. A Guide to Open Innovation and Crowdsourcing explains how to use the power of the internet to build and innovate in order to introduce a consumer democracy that has never existed before. If a business fails to embrace it, it is at risk of being left behind. Written by an international team of eminent thinkers, writers and practitioners in the field, A Guide to Open Innovation and Crowdsourcing covers the definition of open innovation, how to manage virtual teams and co-create with customers, how to overcome legal and IP issues and common mistakes and pitfalls to avoid. With corporate case studies and best practice advice, A Guide to Open Innovation and Crowd Sourcing is a vital read for anyone who wants to find innovative products and services from outside their organizations, make them work and overcome the practical difficulties that lie in the way.




Data Privacy and Crowdsourcing


Book Description

This open access book describes the most important legal sources and principles of data privacy and data protection in China, Germany and the United States. The authors collected privacy statements from more than 400 crowdsourcing platforms, which allowed them to empirically evaluate their data privacy and data protection practices. The book compares the practices in the three countries and develops empirically-grounded policy recommendations. A profound analysis on workers ́ privacy in new forms of work in China, Germany, and the United States. Prof. Dr. Wolfgang Däubler, University of Bremen This is a comprehensive and timely book for legal and business scholars as well as practitioners, especially with the increasingly important role of raw data in machine learning and artificial intelligence. Professor Mingfeng Lin, Georgia Institute of Technology




Crowdsourcing


Book Description

“The amount of knowledge and talent dispersed among the human race has always outstripped our capacity to harness it. Crowdsourcing ­corrects that—but in doing so, it also unleashes the forces of creative destruction.” —From Crowdsourcing First identified by journalist Jeff Howe in a June 2006 Wired article, “crowdsourcing” describes the process by which the power of the many can be leveraged to accomplish feats that were once the province of the specialized few. Howe reveals that the crowd is more than wise—it’s talented, creative, and stunningly productive. Crowdsourcing activates the transformative power of today’s technology, liberating the latent potential within us all. It’s a perfect meritocracy, where age, gender, race, education, and job history no longer matter; the quality of work is all that counts; and every field is open to people of every imaginable background. If you can perform the service, design the product, or solve the problem, you’ve got the job. But crowdsourcing has also triggered a dramatic shift in the way work is organized, talent is employed, research is conducted, and products are made and marketed. As the crowd comes to supplant traditional forms of labor, pain and disruption are inevitable. Jeff Howe delves into both the positive and negative consequences of this intriguing phenomenon. Through extensive reporting from the front lines of this revolution, he employs a brilliant array of stories to look at the economic, cultural, business, and political implications of crowdsourcing. How were a bunch of part-time dabblers in finance able to help an investment company consistently beat the market? Why does Procter & Gamble repeatedly call on enthusiastic amateurs to solve scientific and technical challenges? How can companies as diverse as iStockphoto and Threadless employ just a handful of people, yet generate millions of dollars in revenue every year? The answers lie within these pages. The blueprint for crowdsourcing originated from a handful of computer programmers who showed that a community of like-minded peers could create better products than a corporate behemoth like Microsoft. Jeff Howe tracks the amazing migration of this new model of production, showing the potential of the Internet to create human networks that can divvy up and make quick work of otherwise overwhelming tasks. One of the most intriguing ideas of Crowdsourcing is that the knowledge to solve intractable problems—a cure for cancer, for instance—may already exist within the warp and weave of this infinite and, as yet, largely untapped resource. But first, Howe proposes, we need to banish preconceived notions of how such problems are solved. The very concept of crowdsourcing stands at odds with centuries of practice. Yet, for the digital natives soon to enter the workforce, the technologies and principles behind crowdsourcing are perfectly intuitive. This generation collaborates, shares, remixes, and creates with a fluency and ease the rest of us can hardly understand. Crowdsourcing, just now starting to emerge, will in a short time simply be the way things are done.




Citizen E-Participation in Urban Governance: Crowdsourcing and Collaborative Creativity


Book Description

The relationship between citizens and city governments is gradually transforming due to the utilization of advanced information and communication technologies in order to inform, consult, and engage citizens. Citizen E-Participation in Urban Governance: Crowdsourcing and Collaborative Creativity explores the nature of the new challenges confronting citizens and local governments in the field of urban governance. This comprehensive reference source explores the role that Web 2.0 technologies play in promoting citizen participation and empowerment in the city government and is intended for scholars, researchers, students, and practitioners in the field of urban studies, urban planning, political science, public administration, and more.




Digital Government and Achieving E-Public Participation: Emerging Research and Opportunities


Book Description

The development of social technologies has brought about a new era of political planning and government interactions. In addition to reducing costs in city resource management, ICT and social media can be used in emergency situations as a mechanism for citizen engagement, to facilitate public administration communication, etc. In spite of all these advantages, the application of technologies by governments and the public sector has also fostered debate in terms of cyber security due to the vulnerabilities and risks that can befall different stakeholders. It is necessary to review the most recent research about the implementation of ICTs in the public sector with the aim of understanding both the strengths and the vulnerabilities that the management models can entail. Digital Government and Achieving E-Public Participation: Emerging Research and Opportunities is a collection of innovative research on the methods and applications of ICT implementation in the public sector that seeks to allow readers to understand how ICTs have forced public administrations to undertake reforms to both their workflow and their means of interacting with citizens. While highlighting topics including e-government, emergency communications, and urban planning, this book is ideally designed for government officials, public administrators, public managers, policy holders, policymakers, public consultants, professionals, academicians, students, and researchers seeking current research on the digital communication channels between elected officials and the citizens they represent.




Social Entrepreneurship: Concepts, Methodologies, Tools, and Applications


Book Description

Businesses are looking for methods to incorporate social entrepreneurship in order to generate a positive return to society. Social enterprises have the ability to improve societies through altruistic work to create sustainable work environments for future entrepreneurs and their communities. Social Entrepreneurship: Concepts, Methodologies, Tools, and Applications is a useful scholarly resource that examines the broad topic of social entrepreneurship by looking at relevant theoretical frameworks and fundamental terms. It also addresses the challenges and solutions social entrepreneurs face as they address their corporate social responsibility in an effort to redefine the goals of today’s enterprises and enhance the potential for growth and change in every community. Highlighting a range of topics such as the social economy, corporate social responsibility, and competitive advantage, this multi-volume book is ideally designed for business professionals, entrepreneurs, start-up companies, academics, and graduate-level students in the fields of economics, business administration, sociology, education, politics, and international relations.