Day 3 Predictions

From Cyberlaw: Difficult Issues Winter 2010
Revision as of 15:48, 6 January 2010 by Jharrow (talk | contribs)
Jump to navigation Jump to search

Daniel: My guess is that three issues will be focused:

1- labor rights – workers in UHC are not attached to a safe work environment, do not receive any fringe benefits, health care, etc., and as of yet there are no unions for Turks and the like. It is quite easy to see homeworkers as nonworkers, and to build digital sweatshops.

2- workers’ new expectation of complete anonymity, that go way beyond privacy demands in regular work environments. Hopefully ethical issues concerning this faceless workforce will be discussed, as well as its potential identity and community feelings (taking into account that, unlike bearers of formal jobs, UHC workers have shifting numbers, not social security ones). Still on this topic, I expect debates about people willing to perform otherwise shameful tasks, and about the opportunities for children, sick or unfit workers in general to work / be worked.

3- the use of UHC for complex, creative tasks, analyzed in conjunction with a look at the economics of commoditized labor pools. Resulting discussions could examine quality control and its costs, and proper design, necessary to unleash creativity and demand more than repetitive, boring tasks from fellow anonymous humans. On that note, it is nice to see that, as scientific experiments with Mechanical Turks become more popular, academic attention is drawn towards the problematic incentives in the platform’s most common setting (low payment + repetitive tasks), which encourages Turks to finish HITs as fast as they can, at the expense of proper comprehension of the tasks.

Andrew: Since at least some of our guests tonight are "creatives", I hope to hear some discussion about the relationship between full-time freelancers and websites that crowdsource complex, creative tasks (e.g. Worth1000, iStockPhoto). At a Berkman lunch last spring, Jeff Howe cited a study that showed only 4% of iStockPhoto sellers derived their primary income from the site. As the site and its peers begin to dominate the market for stock photography, what happens to the livelihoods of those who depended on stock photography for a living? Protectionist worries like this parallel those about outsourcing more generally and are vulnerable to the same counters about progress and efficient markets; I hope some of those arguments play out tonight.

My wish list for the session: discussions of solutions / tools such as Turkopticon, a Firefox application designed to identify and expose “shady employers”.

Ramesh: I predict that the founders of human computing websites will be more focused on the technology and potential of the websites and may have a blind spot for the legal issues that may be raised by UHC (applicability of minimum wage and other laws) while as law students, we may naturally focus on the legal issues implicated.

Alternatively, perhaps the founders of UHC websites will see them simply as a continuation of current trends, especially the increasing numbers of contractors in the labor force of large companies and governments and the outsourcing of call-center (and increasingly higher-skilled) jobs overseas. Does UHC present any problems that are different from the current trends? What role can employment and labor law play in a world where increasing numbers of workers are "independent contractors" or even Mechanical Turks? Will technology re-enact Lochner?


Franny:

Given the guest list, I diplomatically disagree with Daniel (and agree with Ramesh) and would expect these guests to address the positive potential and advantages of human computing applications into business, arts and culture, as well as the benefits available through this new type of labour force with built-in autonomy. As libertarian as I may be in my views, I agree with Daniel that there is a real possibility that UHC can develop into a last resort for unskilled workers to earn income in order to survive. I just don't think that the negative aspects will be the focus of today's session.

I would also be interested to hear our guests' thoughts on whether UHC can be applied to tasks in which sensitive information is involved, and if so, how could private content be protected?

Jason: Totally agree with Franny here. I was at first somewhat surprised that in the talk that Lukas gave at TechCruch 50 there was zero discussion of any of the legal aspects of this (no one asked, "Um, do you have to withhold taxes from the workers?" or "What if it turned out that someone was a child?" or "Won't your business model be ruined if it turns out you have to pay taxes for not providing health insurance to these people" or anything along those lines) - but, of course, I forgot that I'm a law student and that's not the lens through which they are viewing this technology. Faced with a room of (mostly) lawyers, these questions will obviously come more the fore than they were there, but I suspect that the considerable advantages and potential of this type of work will dominate the discussion.

Juan:

By doing quality control and tracking the quality history of workers, Crowdflower moves one step closer to a real employer. How will it and other human computing websites deal with labor law issues, such as employment relationship, jurisdiction conflict, non-compete agreement, anti-discrimination, disability, leave time, wage and hour requirements, and etc. Also, building up workers' career path, balancing between monitoring and privacy intrusion, disclosing information for workers to evaluate the moral value and giving them the opportunity to opt out, shall be new problems in the cyberspace. Besides, this paid work on-line may have an impact on those contributions without payments. How will we address this issue to make sure people will have incentives to embark on free works.

Another thing I want to hear is whether UHC will develop verticals like the traditional industries. How will it develop those verticals not suitable for on-line outsourcing per its nature?

Sharona: I agree with Franny and Ramesh - I think the speakers will generally focus more on the positive contributions these types of sites can offer - the innovation from crowd sourcing, the efficiency, the specialization - and less concern over the legal issues. One thing I would like to hear is whether they think these tasks will continue to be performed by US residents, or how quickly they will also be outsourced to English speaking (or non-English speaking) people across the world looking for menial labor especially. Another thing to consider is how or if people could actually make a career out of doing tasks online, or whether it is just something to supplement another job. How will things like health benefits or insurance policies come into play for these kinds of workers?