Private governance or public good

The Manitoba government recently organized public forums to discuss regulations for Bill 51, the Public Sector Artificial Intelligence and Cybersecurity Governance Act. The discussions focused on cybersecurity, data and privacy protections, and AI usage in government. Participants expressed disappointment that these issues were not directly tackled during the meeting, as the conversation between private companies and public governance was mixed.

The reliance of government services on private companies in running digital operations has led to a rethinking of how technology is implemented to ensure democracy remains intact. Governments view infrastructure, such as highways, as essential public goods built, controlled, and maintained for the public's benefit. When the government introduces changes to improve safety, such as installing four-way stops, there is outrage, protests, and a return to removing unnecessary stop signs, as in a democratic process.

However, the digital superhighway, or digital technology in general, is largely owned by private corporations. Unlike government-owned infrastructure, private companies can alter terms and conditions as they see fit, much like changing stop signs. This raises concerns about accountability and the erosion of government power due to technology companies' influence.

Privacy management, personal data handling, and age verification are some functions that have been outsourced to private companies, potentially undermining government control and protecting citizens' rights.

For technology companies, this presents a windfall, as regulatory capture and influence over government operations under the guise of efficiency have led to the shifting of functions that should be directly managed by the government. To ensure the digital infrastructure of government is transparent, accountable, and serves the public good, the use of open-source software and services or the creation of custom software within government is suggested.

Additionally, regulating data sovereignty and security, and designing systems that manage critical data securely within the jurisdiction it belongs, are essential steps toward this goal.