The Digital City Critical Dimensions in Implementing the Smart City Planning, Technology, Privacy and Equality

Editor: Tali Hatuka

Authors: Tali Hatuka, Eran Toch, Michael Birnhack, Hadas Zur

Tel Aviv University (Hebrew, 2018), English, 2020

Blavatnik Interdisciplinary Cyber Research Center

The Digital City Critical Dimensions in Implementing the Smart City Planning, Technology, Privacy and Equality

Editor: Tali Hatuka

Authors: Tali Hatuka, Eran Toch, Michael Birnhack, Hadas Zur

Tel Aviv University (Hebrew, 2018), English, 2020

Blavatnik Interdisciplinary Cyber Research Center Table of Contents Preface 4 1. Developing a Vision for a 4. Exclusion and Inequality City in the Digital Age in the Digital City About the Authors 6 Tali Hatuka 12 Tali Hatuka and Hadas Zur 100 I. Digitization Processes and I. Basic Concepts: Inequality Abstract 8 the Smart City Model 14 in the Digital Age 102 II. Digitization and the II. Research on Digitial Development of a New Model Inequality: International and of Governance 18 Israeli Studies 106 III. Centrality of the Private III. Initiatives for Responding to Sector in Implementing Digital Inequality in Israel 114 Technological Initiatives 24 IV. Planning Recommendations: IV. Decision-Making Inequality 128 Process for Developing Technological Initiatives 30 5. Policy Recommendations V. Developing a Strategic Plan: for the Digital City 132 Motivation, Budget and Change 36 I. Conclusions: The Digital City 134 VI. Planning Recommendations: II. Recommendations for Policy 38 Developing Work Procedures for the Digital City 144

2. Technological Infrastructure Epilogue 158 and Cyber Threats in the Digital City Additional Reading 160 Eran Toch 44

I. Technologies in a Digital City 46 Bibliography 164 II. Establishing Technological Systems in Cities 52 III. Vulnerability of the City in the Digital Era 54 IV. Planning Recommendations: Technology 60

3. Protecting Privacy in the Digital City The Digital City: Critical Dimensions Michael Birnhack 64 in Implementing the Smart City Planning, Technology, Privacy and Equality I. Basic Concepts: Privacy and Confidentiality of Personal Editor: Tali Hatuka Data 68 Authors: Tali Hatuka, Eran Toch, Michael II. Privacy in the City in the Birnhack, Hadas Zur Digital Era 80 Tel Aviv University (Hebrew, 2018), III. Challenges and Opportunities: English, 2020 The Israeli Arena 90 The research and publication of this IV. Planning Recommendations: Translator: Shoshana Michael-Zucker guide was supported by the Blavtnik Privacy 96 Interdisciplinary Cyber Research Center, Graphic Designer: Michal Semo Kovetz, Tel Aviv University, Israel TAU Graphic Design Studio

Many cities in Israel and around the world are trying to adapt themselves to the digital era. This adaptation is a complex system-wide process that influences all layers of life for people living in the city. Where to begin? What are the best initiatives for a city in Israel? What is the significance of local context and community needs? Is the size of the city significant? How should the digital processes be designed and what are the issues that require attention? This guide proposes answers to these questions with a focus on four principal issues: planning, technology, privacy, and social inequality. We identify these four dimensions as critical issues that must be considered in the digital era. Smart city is a marketing The starting point of this document is that smart city is a marketing concept, concept and should be used – and should be used – if at all – with great caution. Furthermore, cities cannot if at all – with great caution. be ranked either quantitatively or qualitatively on the basis of the smart city Furthermore, cities cannot be model. As a new model that emerged from the private sector, there is still little ranked either quantitatively research that examines implementation of the smart city ideas and projects. or qualitatively on the basis of The scant literature can be categorized into two principal types. The first relates the smart city model. to promoted content; most is written by private companies, and deals with the advantages of the smart city and the importance of digitization for developing urbanism. The other type of literature is more conceptual – sometimes techno- utopian – academic writing that relates to core ideas, their evolution and history. However, there is still insufficient information about the way ideas about smart cities influence policy, and how this policy relates to a city’s visioning, legal challenges, social needs and political processes of decision-making. Furthermore, digitization processes impact each city in a different manner. This variation is influenced by the profile of residents, their needs and the prevalent lifestyle in the city. Therefore, the assimilation of digital initiatives requires that policy-makers and planners not only be familiar with basic concepts related to digitization but also understand the opportunities and risks inherent in the technological revolution. Only in-depth knowledge will help decision-makers initiate well thought-out processes for assimilating technology in the city and developing appropriate policy. The current guide contains five chapters dealing with the digital city. Each of the first four chapters are devoted to one of the core subjects: planning, technology, privacy, and social inequality. Each chapter begins with a survey of the issues in the academic literature, followed by introducing basic concepts, presentation of the attitudes of Israeli policy-makers on the subject, and concludes with policy recommendations. The fifth and last chapter summarizes the policy recommendations regarding each of the core issues. Note that our study does

4 not focus on specific applications – digitization evolves and changes at a rapid rate – but rather presents a comprehensive map that characterizes the technological, planning, legal and social challenges of the field. This guide, originally written and published in 2018, was translated and revised in 2020. The guide is part of the broader Smart City Cyber Security project on the vulnerability of digital cities, which is supported by the Blavatnik Interdisciplinary Cyber Research Center (ICRC) at Tel Aviv University. The information and issues presented below are based on literature reviews and a wide-reaching qualitative study conducted in Israel in 2015-2017. The purpose of the study was to map the implementation of digitization in Israeli cities, identify the obstacles and challenges, and learn about the diverse strategies and concepts of local authorities, the national government, private sector technology companies and consultants working in the field. We interviewed 40 key actors in the Israeli field including: senior officials in local authorities and national government, senior officials in technology companies and consultants involved in smart city development. In October-December 2016, we conducted a telephone survey on smart cities in Tel Aviv-Jaffa. The survey was conducted in four sections of the city: the Ajami neighborhood in Jaffa, and three neighborhoods in Tel Aviv: Bavli, Shapira and the city center. The survey included 490 interviewees age 18 and over, who were interviewed in either Hebrew or Arabic. The questionnaire dealt with digital literacy, digital gaps, patterns for using smart governance, online consumption, privacy, and IT security. This guide is based on these sources, and on the information gathered in the interviews and survey. We thank our colleague, Prof. Issi Rosen-Zvi, of Tel Aviv University’s Buchmann Faculty of Law, for his assistance in early stages of the research, and also to Shahaf Donio, Sunny Menozzi Peterson, and Hila Spies who assisted with preparing the literature reviews. We also thank the B.I. and Lucille Cohen Institute for Public Opinion Research for coordinating the telephone survey. We are grateful for the meticulous translation and editing of Shoshana Michael-Zucker. In addition, we thank the interviewees for their valuable time and cooperation. Finally, special thanks to Hadas Zur, a doctoral candidate in the Porter School of Environment and Earth Sciences, who coordinated the research, and was a partner in both the research and the writing of this guide. We hope that this document will help cities worldwide become familiar with the digital arena, and the advantages and challenges technological innovations brings to our life. Tel Aviv, October 2018 Tali Hatuka, Eran Toch, Michael Birnhack and Hadas Zur (English version: February 2020)

5 About the Authors

Prof. Tali Hatuka, an architect and an urban planner, is Prof. Michael Birnhack is Associate Dean for Research and a Professor for Urban Planning at the Porter School of Professor of Law at Tel Aviv University. He researches and Environment and Earth Sciences, Tel Aviv University. She is lectures on issues of privacy and technology. His book, Private the founder and head of the Laboratory of Contemporary Space: The Right to Privacy, Law & Technology [Hebrew] was Urban Design (LCUD), and the founder and editor-in-chief of awarded the Israeli Society for Political Science Prize in 2010. the online journal Urbanologia. Her work is focused primarily Birnhack was a member of the Israeli Public Council for the on two main fields: (1) the urban realm and society (i.e., public Protection of Privacy, and the Schofmann Committee on Data space, conflicts and dissent); and (2) urban development Protection, and also advised the European Union regarding and city design (i.e., housing and industrial areas). She has data protection in Israel. He is a member of the academic researched and published regarding both issues in peer- committee of Blavatnik Interdisciplinary Cyber Research reviewed journals, books, and edited volumes including, Center at Tel Aviv University. His research in the field of privacy Violent Acts and Urban Space in Contemporary Tel Aviv (2010), deals with questions concerning the interface between legal and The Design of Protest (2018). Her forthcoming book, Places rights, social norms and the technological environment. of production: The city in the New Industrial Age (Routledge, forthcoming), focuses on the impact of the fourth industrial revolution on societies and is part of a larger project “Industrial Urbanism” (with Prof. Eran Ben Joseph, MIT), which was exhibited at MIT Museum in September 2014 (http://www. industrialurbanism.com/). Hatuka received her B. Arch and PhD from the Technion: Israel Institute of Technology (2005), and was a post-doctoral fellow and a Visiting Professor at MIT.

6 Dr. Eran Toch is a faculty member at the department of Hadas Zur is a doctoral candidate in the Porter School of Industrial Engineering, School of Engineering at Tel Aviv Environment and Earth Sciences and an affiliated researcher University, and co-director of the IWiT Lab (Interacting with in the Laboratory of Contemporary Urban Design (LCUD), at Technology Lab). The laboratory researches questions of Tel Aviv University. She completed her BA magna cum laude privacy, information security and interaction with technology. in Gender Studies and Cinema, and her MA in sociology Its purpose is to understand the challenges in these fields, and and anthropology, both from Tel Aviv University. She is the analyze effective technological and organizational solutions. assistant editor of the journal and podcast Urbanologia. The laboratory deals with these research questions within Her doctoral research focuses on the connection between varied content worlds, including smart cities, social media, violence and technology in an urban environment. mobile computerization, genetics and artificial intelligence. The group has been awarded grants and prizes by the Israeli Science Foundation, European Union, the Research Fund of the US Department of Defense, the Ministry of Science and other agencies. Dr. Toch is a member of the Israeli Public Council for the Protection of Privacy, and the academic advisory committee of the Blavatnik Interdisciplinary Cyber Research Center at Tel Aviv University. He was awarded a Ph.D. by the Technion: Israel Institute of Technology, was a post-doctoral fellow at the Carnegie Mellon University in Pittsburgh, Pennsylvania, and a Visiting Associate Professor at Cornell Tech in New York.

7 Abstract

Israeli Cities, like many others around the world, are beginning a process of adaptation to the digital age. Digitization processes are an opportunity for new thinking and organization of municipal systems, city services and residents’ Unwise introduction of digital daily life. However, inherent within these processes are not only opportunities, applications may do more but also many risks. Unwise introduction of digital projects may do more harm than good. harm than good. Therefore, familiarity with the issue of digitalization and in- depth learning about it are an important component of strategic planning in a contemporary city. This guide focuses on four central topics for the development and assimilation of technology in a city: planning, technology and security, privacy, and inequality.

Chapter 1: Developing a Vision for a City in the Digital Age. This chapter presents the idea of a smart city, its underlying assumptions, as well as the risks and challenges that are part of implementing this concept. Particular emphasis is given to the importance of the planning and decision-making processes in implementing technological initiatives. This chapter is divided into six sections. The first addresses the basic assumptions of the smart city. The second discusses governability in the digital age. The third focuses on the centrality of the private sector in the implementation of technological applications, maps the prototypes of technology companies and describes their characteristics. The fourth section focuses on the process of decision-making for promoting digital projects, using examples from cities in Israel. The fifth section discusses issues of budgeting and management, while the sixth and last section presents policy recommendations regarding the city in the digital age. Chapter 2: Technological Infrastructure and Threats in the Digital City. This chapter discusses the development of technologies in cities from the perspective of the interests and powers that motivate them. These technologies are developed and operated in several specific contexts. First, by municipal governments that are interested in reducing the cost of providing municipal services, while also expanding their services and control over the city. Furthermore, private companies and citizens create new applications that transform the experience of residing in or visiting a city into something more sophisticated. The chapter is divided into four sections. The first section presents the principal emerging technologies currently found in cities. The second section discusses the processes of developing and deploying these technologies. The third section surveys the various threats faced by a city’s IT systems in the digital era. This section includes a mapping of the various types of attacks, and is organized according to the type of infrastructure attacked and the type of attack. The fourth section is devoted to a variety of recommendations for protecting the digital infrastructure and residents’ privacy. Chapter 3: Protecting Privacy in the Digital City. The introduction of new technologies facilitates gathering additional types of data that could not be collected previously, the cross-checking of data with other sources both within the city and elsewhere, processing data in order to identify general trends and create personal profiles of residents, and transmission of information about

8 residents to other parties within the city administration or beyond – to market players and other governmental authorities. This chapter examines the privacy issues that arise when our cities become “smart,” for the purpose of identifying the challenges and offering solutions. It is divided into four sections. The first section briefly presents the general framework for the right to privacy, its meaning and scope, as well as the various levels on which it operates – in the relationship between the state and the citizen, between market players and consumers, and between citizens and each other. It presents the general legal framework for the right to privacy, and the ways in which that is now changing. The second section discusses the issue of privacy in digital cities. The situations that arise in today’s cities highlight the collapse of previously separate levels into each other, because data collected on residents can be transferred from governmental authorities to private organizations, in the city or elsewhere. This section presents the questions that arise, with concrete examples from several contexts including digital infrastructure, security/ surveillance cameras, resident cards, wireless internet networks, and more. The third section presents and analyzes findings from interviews held with officials in several Israeli municipalities, representatives of the national government and some private consultants. Finally, the fourth section offers recommendations for managing the privacy of the city’s residents in digital era. Chapter 4: Exclusion and Inequality in the Digital City. This chapter discusses the connection between digitization and social gaps. In general, the processes of digitization have the potential to reduce gaps, by expanding the access to information and education. However, if access to digital infrastructures is lacking and digital skills are underdeveloped, these processes may also enlarge existing divides and create new ones. Furthermore, in a city where varied social groups reside, the use of various technologies is also related to their characteristics, their lifestyle, and the space where they live. This chapter deals with the unequal impact of digitization on society as a whole, and focuses on issues of inequality in the digital era. This chapter is comprised of four sections: the first section presents basic concepts for understanding inequality in the digital age; the second section presents Israeli and international research on digital inequality; the third section discusses the challenges and opportunities in the Israeli arena; while the fourth and final section is devoted to recommendations that could be implemented while developing digital infrastructures initiatives in a city. Chapter 5: Policy Recommendations for Cities in the Digital Era. This chapter Precise use of terminology presents the principal conclusions of this guide, and includes two main sections. will facilitate business- The first section proposes taking a critical look at the concept of smart city and like, effective analysis of using digitization terminology to describe the technological revolution in the digitization in the city and its city. Precise use of terminology will facilitate business-like, effective analysis of impact on society. digitization in the city and its impact on society. The second section presents our policy recommendations related to planning, technology, privacy, and inequality in a single flow-chart. Integration of the varied recommendations offers a working framework for policy-makers.

Developing a Vision for a City 1 in the Digital Age Tali Hatuka

Jerusalem, Israel (Photo: Yael Megeri, Pikiwiki) Developing a Vision for 1 a City in the Digital Age Tali Hatuka

“The concept of a smart city emerged The use of the term smart cities became common in the first decade in a commercial world... The ones who of the 21st century, especially against the backdrop of digitization in use the terminology of a smart city are companies like Microsoft, Elbit, contemporary daily life. However, there is no consensus about the and other technological entities. The meaning of the term, despite its importance and its contribution to concept did not emerge from the state. urban development.3 There are numerous interpretations of the concept. I do not hear the Israeli government We identify three main approaches. The first, technological approach talking about smart government, focuses on aspects of digitization, technology and communication even though it is making progress in 4 computerization and other important systems as the foundation of urban infrastructure. The second, processes, and uses very sophisticated economic-pragmatic approach focuses on the smart city as a business- border defenses. So first and foremost, friendly city; a city that fosters and nurtures the high-tech industry the smart city is marketing buzz. You and the creative sector, and connects residents to urban infrastructure approach a mayor and ask him, ‘Do you digitally, thereby providing better and more just urban services, from want to be a smart city?’ And when he 5 says, ‘yes,’ you send him an invoice.”1 both environmental and social perspectives. The third, is a political- governance approach that focuses on the relationship between the “‘Smart city’ is a great slogan for things that have existed since the dawn of resident and the authority, and promotes the idea of participatory history. What is innovative?... Innovation governance by investing in human and social capital, and also in can be divided into three parts – traditional infrastructure (transportation) and modern Information revolution, change, and improvement. Communication Technologies (ICTs). Together, these elements serve as When the wheel was invented, it was a vehicle for sustainable economic growth, high quality of life and smart innovative. It was indeed the invention of the wheel. Later someone built the resource management. These three approaches – the technological, first car it was powered by steam... and the economic-pragmatic and the political-governance – can be seen then someone built cars that ran on as a spectrum; the narrowest definition refers to the technological gasoline. That was a change. From one aspects as a goal, conversely the more expansive approaches consider version of the automobile to the next, it wasn’t a revolution, it was car. Once it traveled on steam power, now it travels 3 Margarita Angelidou, “Smart City Policies: A Spatial Approach,” Cities, Current Research on Cities, 41, on gasoline. When you talk about a Supplement 1 (July 2014): S3 – 11; Paolo Neirotti et al., “Current Trends in Smart City Initiatives: smart city, it is a city has adapted itself Some Stylised Facts,” Cities, 38 (June 2014): 25 – 36, https://doi.org/10.1016/j.cities.2013.12.010; Victoria to the spirit of the time. That has always Fernandez-Anez, José Miguel Fernández-Güell, and Rudolf Giffinger, “Smart City Implementation been the case.”2 and Discourses: An Integrated Conceptual Model. The Case of Vienna,” Cities 78 (August 1, 2018): 4 – 16, https://doi.org/10.1016/j.cities.2017.12.004. 4 Jung Hoon Lee, Marguerite Gong Hancock, and Mei-Chih Hu, “Towards an Effective Framework for 1 Dror Margalit (Deputy of Technologies, Digital Building Smart Cities: Lessons from Seoul and San Francisco,” Technological Forecasting and Social Israel National Initiative, Ministry for Social Change, 89 (November 2014): 80 – 99. Equality), December 1, 2016. 5 Andrea Caragliu and Chiara F. Del Bo, “Do Smart Cities Invest in Smarter Policies? Learning from 2 Itamar Kornfeld (Director of Information the Past, Planning for the Future,” Social Science Computer Review (October 12, 2015), https://doi. Systems, City of Jerusalem), March 19, 2017. org/10.1177/0894439315610843.

12 technology only as a means, which can promote other goals – social, cultural, and political. Despite the variation between the different interpretations of the The pragmatic approach, concept smart city, most of the literature on the subject tends towards the pressures of the private pragmatism and is presented as “non-ideological.”6 The pragmatic market and the desire for approach, the pressures of the private market and the desire for urban- urban-economic renewal, economic renewal, as well as competition between cities for resources as well as competition contribute to the accelerated development of digital initiatives by cities between cities for resources around the world. Indeed what city would not want to become smart?7 contribute to the accelerated Against this backdrop, the current chapter focuses on digitization development of digital processes, and the way in which they effect a city. In particular, we initiatives by cities around emphasize the importance of the planning processes and the issues the world. that need to be taken into account when promoting a technological initiative. This chapter is divided into six sections. The first addresses the basic assumptions of the smart city as a model. The second discusses governability in the digital age. The third focuses on the role of the private sector in the implementation of technological applications in cities. This part also maps technology companies’ prototypes and their characteristics. The fourth section focuses on the process of decision- making for promoting digital projects, using examples from cities in Israel. The fifth section discusses issues of budgeting and management, and the sixth and last section presents policy recommendations regarding the city in the digital age.

6 Rob Kitchin, “Making Sense of Smart Cities: Addressing Present Shortcomings,” Cambridge Journal of Regions, Economy and Society 8, no. 1 (March 1, 2015): 131 – 136 https://doi.org/10.1093/cjres/ rsu027. 7 Robert G. Hollands, “Will the Real Smart City Please Stand Up?,” City 12, no. 3 (December 1, 2008): 303 – 320, https://doi.org/10.1080/13604810802479126.

13 Digitization has revolutionary potential. It changes the relationship between I storage technologies and processing technologies, which has altered service Digitization Processes and business models, and the stability of industry. Scholars contend that the infrastructure for digitization needs be understood like other infrastructures of and the Smart City Model the modern city. However, they point out several characteristics that distinguish digital infrastructure from other infrastructures:

(1) Digital and data transfer infrastructures are recursive by nature, namely, data transfer influences additional instances and has a wide influence on varied aspects of life. (2) Digital infrastructure is generative by nature. Although the infrastructure is intended for data transmission, it contributes to the emergence of new forms of business, markets and services, which challenge the existing forms. (3) Digital infrastructures are scalable: they exist on different scales and can be expanded or contracted, and their content can be upgraded or replaced fairly easily and inexpensively. This scalability leads to jumps in performance, in economic growth and cost reductions, dynamics that do not characterize physical infrastructures. (4) In digital infrastructure, unlike other infrastructures, where the flow direction and the material supplier is a constant, data and information are transmitted by users, organizations, institutions and communities who negotiate the organization and the meaning of the bytes transmitted via the network.8

The current approach to There are two approaches to public investment in digital infrastructure. The first public investment in digital focuses on engineering problems and is promoted as a means of developing a projects in cities focuses knowledge-based economy. This approach considers developing and investing on how it affects the lives in digital infrastructure a means for attracting capital and investors, as well as of residents, the structure developing a digital economy on urban, regional or national scale. The second, of work, relationships in more contemporary approach, shifts the focus from the physical dimension society, and on the changes of broadband technology that supports knowledge-based economy to the role of government as enabler (and broker) of information-oriented services.9 in industry, regulation and The first approach focuses on efficiency, engineering and the acquisition of market structure. information services, and on the question of how best to provide networks of cables, optical fiber and communications lines, data centers, and end-user installations. Conversely, the second approach focuses on the connection between technology and society, and also on how digital infrastructures impact the lives of citizens, the structure of work, relationships in society, and on the changes in industry, regulation and market structure.

8 David Tilson, Kalle Lyytinen, and Carsten Sørensen, “Digital Infrastructures: The Missing IS Research Agenda,” Information Systems Research 21, no. 4 (December 2010): 752, https://doi.org/10.1287/ isre.1100.0318. 9 Sarah Barns et al., “Digital Infrastructures and Urban Governance,” Urban Policy and Research 35, no.1 (January 2, 2017): 20 – 31, https://doi.org/10.1080/08111146.2016.1235032.

14 The assimilation of digital infrastructure in management systems and daily life in the contemporary city is identified with the smart city model,10 in which Information and Communication Technologies can be used as a means of organizational restructuring and urban renewal.11 While the definitions of a smart city vary, most of them rely on the following, under-studied assumptions: • “The smart city as a better city.” This assumption rests on the notion that Smart city policy, which is smart city policy contributes to better, more efficient, high-quality and equitable based on specific technology construction and management. However, this assumption has been widely metrics that differentiate criticized by scholars, who note that smart city policy, which is based on specific between a “good” city and technology metrics that differentiate between a “good” city and a “bad” city, 12 a “bad” city, is an unreliable is an unreliable framework to assess the qualities of a city. For example, is a city framework to assess the that has broader WiFi deployment better than a city that has parking meters? qualities of a city The answer to this is surely complex and not dependent on the city’s digital infrastructure. Other scholars suggest being wary of defining smart cities as “better,” and propose understanding that cities are undergoing change and development, and therefore we should avoid declaring which are “victorious.”13 Likewise, the “smartness” of a city must be understood as a multidimensional variable that also includes quality of life, environmental sustainability and participation. In this sense, technology cannot make a significant change if it does not take social and environmental aspects into account. Moreover, every city has a context that which requires deep examination and scrutiny in choosing the desired development model in the digital context. • “The smart city as a prosperous city.” State authorities tend to perceive the smart city as innovative and able to foster growth of the urban economy; therefore, they have aspirations and motivation for building new, smart cities by deploying information and communication technologies in cities.14 Moreover, in pursuit of the smart city ideal and economic growth, authorities often focus on promoting moves that contribute to the city’s branding rather than promoting important improvements that are less tangible.15 In many cases, however, there is a large gap between vision and reality.16 This failure stems from the utopian attitude towards the smart city as the City of the Future. Many scholars suggest abandoning utopian ideas and massive technological

10 Ibid. 11 The literature on the smart cities is twenty years old, and can be divided into two main categories: literature that was written by or on behalf of technology companies, most of which focuses on implementation and the contribution of smart cities to a city’s economy, quality of life, security and society; and academic literature that cautiously examines the contribution made by the smart city model, and also discusses it from a critical perspective. This chapter will focus primarily on the academic literature. 12 Alberto Vanolo, “Smartmentality: The Smart City as Disciplinary Strategy,” Urban Studies 51, no. 5 (2013): 883 – 898, https://doi.org/10.1177/0042098013494427. 13 Caragliu and Del Bo, “Do Smart Cities Invest in Smarter Policies?” 14 Alan Wiig, “IBM’s Smart City as Techno-Utopian Policy Mobility,” City 19, no. 2 – 3 (May 4, 2015): 258 – 273, https://doi.org/10.1080/13604813.2015.1016275. 15 Ibid., 269. 16 In a case study on the town Milton Keynes, UK, the researchers show the gap between the vision of data-driven efficiency outlined in the roadmap to smart city and the outcomes. In the final analysis, the benefits did not come from the technical fix, and the smart city project was more a matter of rebranding existing projects. Alan-Miguel Valdez, Matthew Cook, and Stephen Potter, “Roadmaps to Utopia: Tales of the Smart City,” Urban Studies 55, no. 15 (November 1, 2018): 3385 – 3403, https:// doi.org/10.1177/0042098017747857.

15 Governments argue that ventures in favor of a cumulative civil-technological development process smart city development and tailored to cities based on local, regional, and national contexts.17 Either way, modernization will benefit all in many cases budgetary limitations and constraints cause governments to citizens, but smart city policy, implement the smart city model as a cumulative process. which leans on the involvement • “The smart city as a high-tech city.” This assumption suggests that the smart of private companies and the city can cope with the consequences of accelerated urbanization: congestion, development for capital needs inadequate services, air pollution, and infrastructure development for a growing and the interests of private population. In addition, governments argue that smart city development and companies may also lead to modernization will benefit all citizens, but smart city policy, which leans on the marginalization of existing the involvement of private companies and the development for capital needs populations. and the interests of private companies may also lead to the marginalization of existing populations. At its core, smart city policy is directed towards the strong populations residing in the city, and encouraging the entry of other strong populations that currently reside elsewhere. Advocates of the idea of a Advocates of the idea of a smart city, mostly from the business sector, claim that smart city, mostly from the this is the best framework for dealing with contemporary challenges, while the business sector, claim that skeptics claim that this framework is based on untested assumptions regarding this is the best framework for the “good” city or a “high-tech” city. For the skeptics, the smart city model might dealing with contemporary advance part of the population but might have negative consequences on others. challenges, while the skeptics claim that this framework is based on untested assumptions regarding the “good” city or a “high-tech” city. For the skeptics, the smart city model might advance part of the population but might have negative consequences on others.

17 Luis Carvalho, “Smart Cities from Scratch? A Socio-Technical Perspective,” Cambridge Journal of Regions, Economy and Society 8, no. 1 (March 1, 2015): 43 – 60, https://doi.org/10.1093/cjres/rsu010; Caragliu and Del Bo, “Do Smart Cities Invest in Smarter Policies?”; Wiig, “IBM’s Smart City”; Angelidou, “Smart City Policies.”

16 Tel Aviv, Israel (Photo: Laboratory for Contemporary Urban Design) 17 In the last decade, the smart city model is perceived as a means for strengthening II the civic and public participation of residents. The literature calls this perception Digitization and the “smart governance,” a governmental structure that uses technology to facilitate direct communications with residents. In essence, the concept of smart governance Development of a New focuses on the use of ICTs as a means for strengthening the direct connection with Model of Governance citizens, and allowing new forms of participation and involvement of residents in various processes with the government (local and central). According to this approach, the digital component is expected to supply the citizen or resident In essence, the concept of with quick, direct up-to-date information, and to support the transparency and smart governance focuses awareness of the local community to the environs in which it lives.18 Thus, local on the ability of the use of government is expected to design more efficient and effective relationships with Information Communication citizens, drawn them in and involve them in municipal governance.19 Scholarship Technologies (ICTs) as a means distinguishes between four levels of e-governance (Table 1.1): Smart management, for strengthening the direct Smart decision-making and process management, Smart administration, and connection with citizens Smart urban collaboration.20 and allowing new forms of participation and involvement of residents in various processes and mechanisms of the authorities (local and central).

1.1 Table Levels of Smart Governance Levels of Smart Governance Source: Albert Meijer and Manuel Pedro Rodriguez Effective and efficient governance. This level does not require Bolivar, “Governing the Smart City: A Review of the Smart Management changes in the structure or processes of governance. Literature on Smart Urban Governance,” International Review of Administrative Sciences 82, no. 2 (June 1, 2016): 392 – 408. Smart Decision- Intelligent decision-making, the ability to promote processes Making and Promoting and implement policy. Smart Processes

Improving administrative systems by assimilating technological tools for governance, information and Smart Administration integration between systems in order to improve services for citizens and communications with them.

Organizational and conceptual transformation, and transition Smart to a collaborative approach for working with a range of actors Urban Collaboration in the urban arena.

18 Abby Spinak and Federico Casalegno, “Sustainable and Equitable Urbanism: The Role of ICT in Ecological Culture Change and Poverty Alleviation,” in Green and Ecological Technologies for Urban Planning: Creating Smart Cities, ed. O.Y. Ercoskun (Pennsylvania: IGI Global, 2012), 37 – 57, https://doi.org/10.4018/978- 1-61350-453-6.ch003. 19 Ezra Ho, “Smart Subjects for a Smart Nation? Governing (Smart) Mentalities in Singapore,” Urban Studies 54, no. 13 (2017): 3101 – 3118, https://doi.org/10.1177/0042098016664305. 20 Albert Meijer and Manuel Pedro Rodriguez Bolivar, “Governing the Smart City: A Review of the Literature on Smart Urban Governance,” International Review of Administrative Sciences 82, no. 2 (June 1, 2016): 392 – 408, https://doi.org/10.1177/0020852314564308.

18 Online e-governance is a derivative of smart governance. E-governance calls for the development of a platform to move municipal services and bureaucratic communications between citizens or residents and the municipal government to the digital arena. In general, online services include: registration for kindergartens and schools, local taxes and fines; applications for building permits; business registration; monitoring the progress of files in various departments; reports, inquiries and complaints from the public, and monitoring the status of an inquiry; GIS services,21 updating details, and making appointments. However, beyond the level of administrative services e-governance is intended to be a platform that E-governance is intended to has the goal of increasing democratization; the means for this are improving be a platform that has the goal representation and participation of diverse citizens in the decision-making of increasing democratization; processes, increasing transparency and building trust, reinforcing democratic the means for this are institutions and processes, and broader representation of residents’ needs improving representation and agenda. and participation of diverse Accordingly, smart governance is based on four (contested) pillars: citizens in the decision- making processes, increasing • Access to data and use. Democratic regimes can allow more citizens to transparency and building participate in the civil-technological development process. Adopting the smart trust, reinforcing democratic city model reduces existing barriers entering the market, with municipal institutions and processes, authorities allowing private companies, nonprofit organizations and private and broader representation of public partnerships to test new technologies related to public service. residents’ needs and agenda. • Public participation. The development of technologies for civic participation to facilitate and promote a broad, democratic foundation of collaboration.22 The idea is that citizens should be able to involve each other and the broader public by using applications for sharing and online forums (Twitter, Facebook, Instagram, WhatsApp, etc.). However, researchers claim that when involvement requires the use of technology, it does not necessarily promote democratic participation; moreover, it sometimes blurs the boundary between participation in public life and consumerism.23 • Optimal administration. The prevailing but covert starting assumption is that access to big data will allow decision-makers to make better decisions.24 Similarly, it is assumed that having information about residents’ behavior makes it possible to improve services. This assumption is based on the narrative promoted by private companies and consultants regarding the vision of the utopian smart administration. However, critical scholars warn against a neutral attitude towards gathering data processes, and emphasize that data-gathering needs to be part of the public and political discourse.25

21 A Geographic Information System (GIS) supplies tools for working with digital, geographical information, for mapping, analysis and presenting geographical relational and spatial data, and managing this data efficiently. 22 Jennifer Shkabatur, “Cities @ Crossroads: Digital Technology and Local Democracy in America,” Brooklyn Law Review 76, no. 4 (2011): 1413 – 1485. 23 Ibid. 24 Isa Baud et al., “Digital and Spatial Knowledge Management in Urban Governance: Emerging Issues in India, Brazil, South Africa, and Peru,” Habitat International 44 (October 1, 2014): 501 – 509, https:// doi.org/10.1016/j.habitatint.2014.09.009. 25 Taylor Shelton, Matthew Zook, and Alan Wiig, “The ‘Actually Existing Smart City’,” Cambridge Journal of Regions, Economy and Society 8, no. 1 (March 1, 2015): 13 – 25.

19 Figure 1.1 The Four Pillars of Public Smart Governance involvement

Access Optimal Smart and Use of Management Governance Information

Service Orientation

• Service orientation. Another aspect of e-governance relates to the tension between participation and consumerism. ICTs can supply the following aids: smart electricity and water meters, thermostats, interior and exterior lighting, traffic signals, parking meters, toll collection, monitoring public transportation lanes, navigation systems, data entry, cellular devices, fitness bands etc.26 Indeed these technologies contribute to upgrading service and municipal management that may improve the daily life of residents. However citizens pay an intangible price for access these technologies and sacrifice privacy, information and data security, and freedom of choice.

Digital governance can harm citizens in various ways, and raises many ethical Allowing governments and issues, such as: private companies to gather, pool and store personal data • Harm to privacy and data security. Allowing governments and private companies and follow the activities of to gather, pool and store personal data, and follow the activities of citizens 27 citizens for various purposes, for various purposes, and monitoring daily life can have personal, social 28 and monitoring daily life can and security ramifications (e.g., vulnerability to cyberattacks). Surveillance have personal, social and of a person’s location can provide large quantity of data about that person’s security ramifications character. The data that is gathered over time can provide a large quantity of data about behavior patterns and personal matters. This monitoring, which can

26 Adel S. Elmaghraby and Michael M. Losavio, “Cyber Security Challenges in Smart Cities: Safety, Security and Privacy,” Journal of Advanced Research 5, no. 4 (July 2014): 491 – 497, https://doi. org/10.1016/j. jare.2014.02.006; A. Martinez-Balleste, Pablo Alejandro Perez-Martinez, and A. Solanas, “The Pursuit of Citizens’ Privacy: A Privacy-Aware Smart City Is Possible,” Communications Magazine, IEEE 51, no. 6 (2013): 136 – 141, https://doi.org/10.1109/MCOM.2013.6525606; John Steenbruggen, Emmanouil Tranos, and Peter Nijkamp, “Data from Mobile Phone Operators: A Tool for Smarter Cities?,” Telecommunications Policy 39, no. 3 – 4 (May 2015): 335 – 346, https://doi.org/10.1016/j.telpol.2014.04.001. 27 Igor Calzada and Cristobal Cobo, “Unplugging: Deconstructing the Smart City,” Journal of Urban Technology 22, no. 1 (January 2, 2015): 23 – 43, https://doi.org/10.1080/10630732.2014.971535. 28 Francisco Klauser, Till Paasche, and Ola Söderström, “Michel Foucault and the Smart City: Power Dynamics Inherent in Contemporary Governing through Code,” Environment and Planning D: Society and Space 32, no. 5 (October 1, 2014): 869 – 885, https://doi.org/10.1068/d13041p.

20 be done innocently and without any intention to do harm, challenges the very right to privacy and the public/private separation. Gathering data on residents’ location, purchasing habits, charges, and much more, can be detrimental to the privacy of residents and the security of their personal data. 29 • Harm to freedom of choice. Researchers raise questions regarding the rights of citizens who avoid using technology and their role as residents of a smart city.30 They claim that the decision to remain disconnected or connected to others without technology must be legitimized.31 • Harm to freedom of expression. Technology could be detrimental to freedom of expression and democracy. For example, surveillance technology, particularly cameras in public spaces, individuals’ use of free Internet, and the use of personal smart devices, enhance monitoring. Spatial monitoring can be used for positive and negative purposes, for example, in an emergency or disaster, this data could help cities provide better assistance but in the event of civil disobedience the same data could also help them to disrupt protests and suppress dissent. Importantly, the model of smart e-governance is frequently structured from the The smart governance model is top down, and implemented primarily in new cities, like Songdo in South Korea frequently structured from the and Masdar in the United Arab Emirates. These are examples of cities that were top down, with scarce or no built from the outset with close collaboration between the governments and involvement of the residents commercial technology companies including Microsoft, IBM and Cisco. One of the in the process of decision- central questions regarding governance is whether technological-civil processes making. can develop bottom-up using digital platforms that support the wisdom of the crowd, for example in order to raise funds, or gather information and documentation for public use, or to develop collaborative applications. An example of promoting a bottom-up initiative is the Barcelona Open Data Project, in which the municipal government revealed and collected, together with residents, demographic and geographic information that it made open and accessible to the public. 32 In light of the experience in recent decades, researchers cast doubt on the ability Researchers cast doubt on of e-governance to promote democratization and citizen participation. They the ability of e-governance to warn about how e-governance might penetrate certain segments of society, promote democratization and increase inequality and lead to unjust distribution of resources.33 Initiatives citizen participation. involving open databases, collaboration and exposing various information held by the authorities (open data), which are promoted as part of an e-governance policy, are sometimes actually intended to serve entrepreneurs and commercial

29 Elmaghraby and Losavio, “Cyber Security Challenges”; Martinez-Balleste, Perez-Martinez, and Solanas, “The Pursuit of Citizens’ Privacy”; Yoichi Seto, “Application of Privacy Impact Assessment in the Smart City,” Electronics and Communications in Japan 98, no. 2 (February 1, 2015): 52 – 61, https:// doi.org/10.1002/ecj.11661. 30 Calzada and Cobo,”Unplugging”, p. 31. 31 Tali Hatuka and Hadas Zur, “Who Is the ‘Smart’ Resident in the Digital Age? The Varied Profiles of Users and Non-Users in the Contemporary City,” Urban Studies, June 20, 2019, 0042098019835690, https:// doi.org/10.1177/0042098019835690. 32 The public can use this information for purposes of knowledge or creating social or even commercial value. Despite the interest in the project, its contribution to the process of urban development is disputed. Tuba Bakici, Esteve Almirall, and Jonathan Wareham, “A Smart City Initiative: The Case of Barcelona,” Journal of the Knowledge Economy 4, no. 2 (2013): 135 – 148. 33 Hatuka and Zur, “Who Is the ‘Smart’ Resident in the Digital Age?”; Stephen Leitheiser and Alexander Follmann, “The Social Innovation – (Re)Politicisation Nexus: Unlocking the Political in Actually Existing Smart City Campaigns? The Case of SmartCity Cologne, Germany,” Urban Studies, October 3, 2019, 0042098019869820, https://doi.org/10.1177/0042098019869820.

21 consumer goals.34 Entrepreneurs and commercial companies are the ones who gain from access to data, which is a source of power, benefits and resources. Therefore, this move does not necessarily advance residents or lead to their empowerment,35 rather it is often harmful to citizens’ privacy. In other words, e-governance or smart government policy does not guarantee increased Entrepreneurs, technology transparency for any aspect of decision-making processes, budget management, companies, and commercial and the like. Thus, for example, the 2016 Transparency International – Israel companies are the ones survey of Israeli municipalities showed there was no correlation between the who benefit from access to cities that have declared themselves “smart” and transparency.36 Therefore, sources of power, benefits asymmetrical transparency is being created – the citizen is increasingly exposed 37 and resources, because while the authorities remain opaque and vague. The idea of open governance information is power in and data sharing (e.g., Open Knesset), which was initially intended to promote our era. democratization, can in certain circumstances become a resource for attracting investors, while the public good is pushed aside.38 Accordingly, we argue that so called revolutionary initiatives for public collaboration in decision-making, must be critically addressed as they are often confined to minor projects such as decisions about road furniture or planning a public park, without significant participation39 in more crucial decisions for the city, such as the allocation of resources, the construction of shopping malls, towers etc. In conclusion, the e-governance model is still being developed, and raises a series of issues that require complex legislative solutions. These include: excessive surveillance, unwarranted supervision, harm to privacy, a false sense of transparency and reporting, higher prices and expanding digital gaps. Other aspects of promoting the e-governance and smart city model are the decision-making process and centrality of the private sector in supplying the infrastructure.

34 Paul Henman, “Governmentalities of Gov 2.0,” Information, Communication & Society 16, no. 9 (November 1, 2013): 1397 – 1418, https://doi.org/10.1080/1369118X.2012.706314. 35 Sara Edge et al., “Exploring Diverse Lived Experiences in the Smart City through Creative Analytic Practice,” Cities 96 (January 1, 2020): 102478, https://doi.org/10.1016/j.cities.2019.102478. 36 Transparency International – Israel 2-16, http://www.ti-israel.org/wp-content/uploads/2017/01/ TI-MUNI-2016s.compressed.pdf. 37 Bernard E. Harcourt, Exposed: Desire and Disobedience in the Digital Age (Cambridge, Massachusetts: Harvard University Press, 2015). 38 Sarah Barns, “Mine Your Data: Open Data, Digital Strategies and Entrepreneurial Governance by Code,” Urban Geography 37, no. 4 (May 18, 2016): 554 – 571, https://doi.org/10.1080/02723638.2016.113 9876 39 Shkabatur, “Cities @ Crossroads.”

22 Jerusalem, Israel (Photo: iStock) 23 Prior to the digital age, municipalities supplied critical urban infrastructure that III included responding to needs by supplying the services, facilities and structures Centrality of the Private required for the existence of a functional society (transportation, communications, water, electricity, sewer, gas). Indeed, the central function of the local authority Sector in Implementing was to provide critical services to all residents at equal cost.40 However, in the Technological Initiatives era of neoliberal economies and the digital revolution,41 some of the investment in infrastructure has been delegated to the private sector rather than public authorities. Even today there are various complex arrangements regarding the ownership of public infrastructure: there is infrastructure that is wholly-owned by the government (dams and highways), privately-owned (airports, power plants and railroad), co-owned (toll roads and infrastructure for the distribution of electricity), and community-owned (neighborhood solar power stations). The ownership of some infrastructure divided, for example between the supplier and distributor, and a public owner (for example, the water system in Israel, and the local water and sewage corporations). The transition from monolithic public goods to a model of complex ownership and involvement in critical infrastructure is complex, particularly as regards risks and responsibilities.42 The issue of ownership and responsibility has become particularly sensitive with the development of digital infrastructure, which allows the involvement of The involvement of the private organizations in infrastructure development, and the supply of critical private sector in supplying urban services. This trend has led to a blurring the roles of public and private infrastructure has actors in promoting policy and supplying services, and poses a major challenge ramifications for the life of for the public sector. Furthermore, the involvement of the private sector in residents, the services they supplying infrastructure has ramifications for the life of residents, the services receive, their privacy and they receive, their privacy and the responsibility for and ownership of information the responsibility for and that is carried by these services. Yet these issues concerning infrastructure are 43 ownership of data that is not part of the public discourse. carried by these services. Two central forces support and promote the digital agenda in a city: large Yet these issues concerning technology companies who strive to enter the municipal market and profit, and infrastructure are not part of politicians and city decision-makers, who wish to advance the cities’ economy.44 the public discourse. Both the technology companies and the local authorities act on the basis of a competitive economic agenda, in order to maintain their position in the global sector. The key questions are: how should the work process between private companies and municipalities be managed? What is the power relationship between them? What opportunities do the companies offer, what are the risks, and who bears them? The technological market creates many opportunities, and includes a wide variety of companies and services. However as Dror Margalit, Deputy of Technologies,

40 Wendy Steele, Karen Hussey, and Stephen Dovers, “What’s Critical about Critical Infrastructure?,” Urban Policy and Research 35, no. 1 (January 2, 2017): 74 – 86, https://doi.org/10.1080/08111146.2 017.1282857. 41 Stephen Graham and Simon Marvin, Splintering Urbanism: Networked Infrastructures, Technological Mobilities and the Urban Condition (London: Routledge, 2001). 42 Steele, Hussey, and Dovers, “What’s Critical.” 43 Barns et al., “Digital Infrastructures.” 44 Wiig, “IBM’s Smart City”; Calzada and Cobo, “Unplugging”; Hollands, “Please Stand Up.”

24 at the Digital Israel National Initiativel,45 has noted, “The market creates many opportunities, but on the other hand it also creates many hardships.”46 For further understanding of this statement, it is necessary to become familiar with the technology market, and distinguish between four key prototypes of technology companies: • Type 1: Infrastructure – hardware companies are technology companies that create the infrastructure for information and communications technologies. • Type 2: Integration companies offer end-to-end solutions for digitization in a city, including infrastructure and hardware that are not necessarily products that they developed. • Type 3: Software companies are technology companies that provide an overall solution for applications. • Type 4: Startup-product companies are technology companies that develop a specific product, service or application. The difference between these companies is not merely technical. Rather, it The difference between influences their power relationship with the city, and the work process as well these companies is not as the type of intervention in the urban space. The principal characteristics merely technical. Rather of the technology companies (Table 1.2) create different work processes and it influences the power relationships with the municipality relationship with the city, and The involvement of private, commercial companies in setting the agenda offers the work process as well as a new model for the city, which has previously defined its vision independently, the type of intervention in the working with professionals who examine the public interest, rather than private urban space. companies that have economic and commercial interests. The interest of private technology companies to act and sell their products and The involvement of private, services to cities is expressed through the enhanced pressure on municipalities. commercial companies setting The connection between the private sector and the local government influences the agenda offers a new work processes, which can lead to conflict. Below, we outline several conspicuous model for the city, which has characteristics of work dynamics between the private sector and local government: previously defined its vision independently, working with • Marketing and direct inquiries by private companies. One of the central professionals who examine characteristics of the work dynamic is that private companies approach mayors and municipal heads directly for the purpose of promoting their business the public interest. Rather than interests. As commercial entities, the companies are generally interested in private companies that have promoting their projects in the city, and often use them as a pilot for other economic and commercial purposes. The supply is enormous, and the companies need the city in order to interests. test their ideas and market them. As Zohar Sharon, (former) Chief Knowledge Officer, Tel Aviv-Jaffa, has noted, “Commercial enterprises and startups are always approaching Tel Aviv… There are always entrepreneurs and there always requests.”47 Alon Ofir, Vice CIO and Chief Digital Officer for the City of Netanya, described a similar climate: “Companies approach us constantly, they

45 The Digital Israel National Initiative is the national digital program of the government of Israel, run by the Ministry of Social Equality. For further reading: https://www.gov.il/BlobFolder/news/digital_ israel_national_plan/en/The%20National%20Digital%20Program%20of%20the%20Government%20 of%20Israel.pdf 46 Dror Margalit (Deputy of Technologies, Digital Israel National Initiative , Ministry of Social Equality), December 1, 2016. 47 Zohar Sharon (Chief Knowledge Officer, Tel Aviv-Jaffa), August 10, 2016.

25 Table 1.2 Prototype Infrastructure Integrated Services Products (Start- Key prototypes of technology (Hardware) Firms (Software) up) companies and their work Key Business Provide and Offer end-to- Supply a Develop specific processes with municipalities Activity maintain end solutions, full range product, service information and including of software or application communication infrastructure, solutions, (e.g. Moovit, infrastructure hardware and including GetTaxi) (e.g., installing support services. implementation optic cables, e.g. Not necessarily (e.g., Microsoft, Cisco). products they HP). developed (e.g., Taldor).

Connection to Cities have Cities rely on a Due to a Cities have the City (Power relative flexibility relatively small relatively relative flexibility Relationship choosing their number of limited selection in choice and Profit) supplier, as integrated firms of software of provider hardware (typically just solutions, cities depending on infrastructure is one), creating rely heavily on a the product (i.e. standard. interdependence small number of waste disposal, between the vendors. water, parking provider and the management). city.

Work Process Variable, as Can be an Long-term Variable, contracts can isolated project contracts are as many include ongoing or ongoing typical when companies seek development contract. Often a municipality short-term of several firms are adopts new collaboration infrastructure hired for initial software, which could be projects or development as typically creating extended with short-term well as ongoing dependency on municipalities isolated projects. maintenance the software as beta sites, and support. service provider to experiment for as long as and test their the city uses the product. software.

Intervention Development An integrated Updating Depends on the in the Urban of physical firm often an entire product. Space infrastructure: creates a new implementation cameras, technology area, such as communication, environment transportation, cables, sensors, in the city, lighting systems, screens and changing streetlights other data municipal work input/output processes in devices several areas.

26 are always coming with all sorts of things.”48 This is a sensitive stage for all aspects of investing public money in technological enterprises, which requires in-depth analysis of both their necessity and their long-term effectiveness. • Deep involvement of private companies in the city’s vision. Most of the private companies seek to create trust and build a work dynamic as a way of entering the city arena. Some of them even ask to be involved in developing the municipal strategic vision. The involvement of a private company in developing The involvement of a private and executing its vision is a new work model for a city, which has previously company in developing and defined its vision independently, working with professionals planners and executing its vision is a new consultants who examine the public interest, not through private companies work model for a city, which that have commercial interests. However, the desire for involvement and has previously defined its leading is evident in statements made representatives of private companies, vision independently, working as in the following examples: with professionals planners Zika Abzuk, Senior Manager, Business Development, Cisco-Israel: and consultants who examine You don’t go and suggest a solution, but rather partnership in a the public interest, not through digital journey – you work together with the client in order to know private companies that have how to best create the most beneficial impact for the client, which commercial interests. will serve the interests of the client and where he wants to go with our know-how, technology and interest. Here is, I think, one of the most important lessons I learned, building trust is indeed the most important thing.49 Nurit Aniv Bar, Microsoft: There is the infrastructure, there is the physical infrastructure, there is the conceptual infrastructure, there are our applications, there is service; it is always connected to many things. Thus, I think that very often our conversation is first and foremost about truly coming to listen to their vision of where they want to be, and what their priorities are. In many places there is also a budgetary problem, not all of the municipalities have these kinds of budgets. Further, the percentage of tax collected isn’t high in some places, if they do pay the budgets are generally on a survival level, and government support does not always arrive as it should. That is where the conversation needs to begin.”50 Moreover, technology companies are not interested in intermediaries – consultants Technology companies are not with expertise in digitization who advise mayors. Intermediaries delay and interested in intermediaries complicate the work process even more. The technology companies prefer to – consultants with expertise lead the project and work with the municipality directly. There are two main in digitization who advise reasons for this. First, because municipal projects are complex projects, from mayors. The technology the perspective of both budget and implementation. As Nurit Aniv Bar from companies prefer to lead the Microsoft explains: project and work with the The first complication is the managerial issue. Municipal budgets come municipality directly. either from taxes paid by residents or from government budgets, and there are priorities. There isn’t always a one-to-one correspondence

48 Alon Ofir (Vice CIO & Chief Digital Officer, Netanya), August 8, 2016. 49 Zika Abzuk (Senior Manager, Business Development, Cisco-Israel) December 12, 2016 50 Nurit Aniv Bar (Microsoft, joint interview with Doron Marhum) November 7, 2016.

27 between the priorities and what actually needs to be done, how the city will truly look, and how the city will actually move forward. Sometimes the money goes to other places, and this is not always expressed with this intention. Meaning, they talk about a smart city, there are a lot of slogans and they don’t always know how to do it.51 The second reason relates to the power relationship created between the intermediaries and mayors. Because an intermediary is employed by the municipality, he gains the mayor’s trust, while a private company is perceived as a vendor about whom there are more suspicions. These factors contribute to the private companies’ hesitancy about intermediaries. Thus, for example, Zika Abzuk explains: I think that there are consultants because the mayors are hesitant, they do not know what this is, but the consultants do the work for them, write the plan and submit it to them. I think this is a mistake, I think that it is necessary to do this together. The mayors and heads of local authorities need to go through process themselves, this needs to be their own. It is possible to help them and lead them through the process, but not have it delegated to someone else for them to do it.52 The consulting field is It is important to note that the consulting field is relatively new, and emerged relatively new, and emerged against the background of private companies being involved in municipal visions against the background of and the cities’ desire to protect themselves. Shai Eppel from the consulting private companies being company Deloitte notes: involved in municipal visions There are significant gaps between municipalities in the quality of and the cities’ desire to protect the planning processes. The planning needs to begin with strategic themselves. thinking about a smart city and connect to the needs and business goals of the city itself, and determine how digital technology can serve them and not the other way around. For this purpose it is very important for senior decision-makers in the city to also be involved, not only the managers of the information system.53 • Use of working models (or pilots) that permit points of exits (i.e., ending the business partnership). During the work process, the private company has the interest and know-how to manage and direct the initiative in the way that meets its needs. This awareness comes into focus for decision-makers, as Avi Ben Hamo, CEO of the Netanya municipality noted: “I do not know if ‘suspicion’ is the word. I came and said, ‘all these companies see their business interests,’ period. This isn’t an issue of suspicion.”54 In many cases the companies will be asked to present the initiative as a pilot, and in some cases fund part of the costs so they can maintain their rights and implement it in other cities. The involvement of the city in leading or selecting the initiative depends largely on the personnel who are accompanying it, and whether the initiative is part of a comprehensive municipal agenda. Frequently, the companies have an interest in leaving loose ends and allowing both the city and the company the possibility of leaving the initiative at any given moment.

51 Ibid. 52 Zika Abzuk (Senior Manager, Business Development, Cisco-Israel) December 12, 2016. 53 Shai Eppel (Smart City Manager, Deloitte Consulting), December 25, 2016. 54 Avi Ben Hamo, (CEO, City of Netanya), August 8, 2016.

28 This is not an advantage, it creates significant vulnerability primarily for the local authority. For example, when Ron Barzani, CEO, Ofek Regional Management, Modi’in- Maccabim-Reut was asked about a pilot that Bezeq initiated in the city, he explains: The two sides agreed that this was a pilot in which the city of Modi’in does not and will not invest any money, but Bezeq would invest. We defined a very specific geographical area in a park, the Anava Park… [the pilot] is defined as lasting one year, and after that we need to decide what we want, if any added value has been gained, if the public received, through the municipality, any added value and if we want to continue developing and expanding the project. Obviously, it is necessary to understand the associated financial consequences. It could be that in the current situation this project is very nice, but does not contribute to the city, but I also understand that this is an evolutionary stage in making the system user-friendly.55 However, recall that problems of financing after the pilot is completed are frequent. “Large companies have Galit Rand, Head of the Strategic Planning Department in Haifa, explained: approached us and offered Yes. Large companies have approached us and offered their services. their services. They claim that They claim that they know how to provide technological solutions they know how to provide for every problem that we raise in discussion with them. The issue is technological solutions for that in most cases, beyond the pilot that they are willing to do in one every problem that we raise neighborhood or a specific area, in order to implement and assimilate in discussion with them. it in the entire city an extremely large municipal budget is necessary. The issue is that in most So, unfortunately, we are often unable to realize these things… And cases, beyond the pilot that sometimes they propose solutions that are not necessarily the ones they are willing to do in one that are appropriate for problems. For example, the issue of parking neighborhood or a specific exists here but it isn’t as acute as it is in Tel Aviv, and therefore in area, in order to implement the context of our municipal priorities it is less logical to invest in and assimilate it in the entire sensors throughout the city.”56 city an extremely large municipal budget is necessary.”

55 Ron Barzani (CEO, Ofek Regional Management, Modi’in-Maccabim-Reut), August 26, 2016. 56 Galit Rand (Head of Strategic Planning Dept., Haifa) October 30, 2016.

29 The central question for cities today is not whether to invest in digital initiatives, IV but rather how and when. Answering this question is not easy, particularly Decision-Making considering the competition in the market and the many approaches received by municipal agencies. There are also risks during the implementation phase, Process for Developing and this awareness is beginning to trickle into the minds of the authorities. Technological Initiatives A digital initiative might contribute to the efficiency of local authority conduct, but it can also impede and disrupt ongoing work. Furthermore, digital initiatives are sometimes harmful to the routine activity of the city or other non-digital initiatives. Therefore, a holistic perspective is essential when developing technological initiatives, taking into account the risks for the companies involved. Rafi Rich states: Many technological companies entering smart cities lose a lot of money because they did not understand that a city does not function like a company. Decisions are made differently etc. Therefore I contend – The central question for cities and this is not intended as criticism of cities’ desire to become “smart” today is not whether to invest – that it is essential to understand that working in the smart city in digital initiatives, but rather arena requires being an “adult.” By “adult” I mean that in some cases how and when. Answering it is necessary to understand that there are simply some things that this question is not easy, I cannot do because the tools are lacking – whether technological, particularly considering the organizational or regulatory.57 competition in the market and the many approaches received One of the central issues is the lack of empirical research and experience by municipal agencies. There regarding the implementation of technological initiatives on the municipal are also risks during the level. Furthermore, there is no empirical research on collaboration between implementation phase, and the private and public sectors in this field, and the local government’s lack this awareness is beginning of experience in constructing work processes with technological companies is evident. As Rich notes, “It is very appropriate to collaborate with the private to trickle into the minds of sector when initiating resource-rich projects, but the authorities do not actually the authorities. understand the rules of the game because the local authorities, in Israel for example are (still) inexperienced in public-private collaboration.”58 Furthermore, it is important to distinguish between the situation of large municipalities with appropriate management and human resources mechanisms, and medium or small authorities that have difficulty dealing with digital initiatives. But the risk does not relate only to management of the initiatives but also to the dependence that may develop between the technological companies and the local authority. As Ayal Zaum, a consultant says, There is a fear of being dependent on a technology company, because it is not something that can later be replaced. This is the municipal management system. If you are not satisfied, it does not matter which company it is, what you do? All of a sudden you will not be able to manage the city? That is one side [of the issue]; the other side is when you say just a moment I want to move forward and I need these tools.59

57 Rafi Rich (Architect, Smart City Consultant), September 4, 2016. 58 Ibid. 59 Ayal Zaum (Smart City Consultant) September 4, 2016.

30 Against the backdrop of these risks, the starting point for municipal policymakers must be reliance on a comprehensive municipal vision, built on a concept and specific challenges faced by the city, and on this basis choosing the appropriate technological entrepreneurs. The interests and know-how of the technological companies in a specific city are not always appropriate for the needs of the city. Therefore, an in-depth analysis of the city’s needs is critically important for selection and success of technological enterprises. As Dror Margalit stated,` I would try to see where the most painful points for the municipal authority and in the daily lives of residents are, and not follow the ideas of technology companies that are trying to sell solutions… the departure point should be responding to the question, which are the least efficient points in the interface between residents and the municipality, where are residents seeking greater satisfaction, where are residents the most frustrated.60 In the metropolitan cities of Haifa, Tel Aviv-Jaffa, Jerusalem, and Be’er Sheva there are efforts to adopt the smart city agenda. Comparatively, despite the variation in the subjects emphasized in each city and how the digital initiatives are branded, the differences between the cities regarding the type of digital initiatives are minor. This could be explained by the fact that the basket of digital services is limited as it is still an emerging field. From the comparative study four principle types of digital initiatives are identified (Table 1.3): • Upgrading Management. Upgrading online services, establishing control center. • Connecting with residents. Apps or resident cards that provide information, benefits and services. • Encouraging Businesses. Encouraging initiatives that develop high-tech incubators and accelerators.61 • Developing Urban Infrastructure, for issues involving transportation and sanitation. Most cities do not have an organized strategic plan regarding the digital processes. Most cities do not have an As a policy maker in the field told us anonymously, organized strategic plan There is a work process that I do not think is the most impressive in regarding the digital processes. the world, because it is not well organized, and is managed primarily on the basis of opportunities. That means that a few ideas are flung about and advanced. If someone wakes up in the morning with a subject that is sufficiently dramatic from his perspective, if he is willing to mount the barricades for it and it is sufficiently important for him, then it can be assumed that it will happen. This dynamic has evolved due the pressure of the private sector on municipalities, and due to the lack of a structured framework for implementing digital projects in cities. Looking beyond the metropolitan areas in Israel, it seems that other cities are adopting the same basic digital initiatives. However, it is also evident that the smaller cities are making an effort to set themselves apart from the

60 Dror Margalit (Deputy of Technologies, Digital Israel National Initiative, Ministry for Social Equality), December 1, 2016. 61 An accelerator is a program that nurtures start-ups for a limited period of time.

31 central cities in the metropolitan area and find a focal idea, a vision that will strengthen and differentiate them, as part of a competitive economic agenda. The difference between the cities is the quality of the differentiation. Cities with a clear vision are successful in using digitization to serve the issues that concern them and existing opportunities in the city. Cities without a clear vision will tend to promote digital initiatives that have no structural connection to the urban context and have lower feasibility. A lack of readiness for the Moreover, a lack of readiness for the digital age is evident in all of the cities. In many digital age is evident in all cases the initiatives are coming from private companies, and the people leading the Israeli cities. In many cases, initiatives are mayors, CIOs and relevant division heads. Very few authorities have the digital initiative emerges established dedicated teams for a cross-wise, holistic examination of the digital from private companies, initiatives, which includes professionals who are able to evaluate the influence and the people leading of these initiatives on the city from economic, planning and social perspectives. the initiatives are mayors, The following two tables map the technological applications in Israeli cities. CIOs, and relevant division However, it is important to qualify this by stating that there is no organized heads. Only few authorities data on the technological applications used in cities. The data in these tables established dedicated teams is based on interviews conducted with senior officials of ten local authorities for a cross-wise, holistic during 2016-2017. It is likely that there have been developments and changes examination of the digital since then. Because data is not published, it is difficult to confirm or refute the initiatives, which includes data, which is based on oral sources. professionals who are able to evaluate the influence of these initiatives on the city from economic, planning and social perspectives.

32 Table 1.3: Digitization Initiatives in Israeli Metropolitan cities

Haifa Tel Aviv-Jaffa Jerusalem Be’er Sheva

Strategy and Employment, Communication with Sanitation, parking Education and cyber- Focus transportation and residents and security security environment

Upgrading online P P P P services1

Safe city2 P P P ___

Smart infrastructure3 Lighting Wi-Fi Waste management Waste management Electric public Rental bicycles, Smart parking transportation scooters, car-sharing) Management and Services Data Management4 ___ P ___ P

Internal- organizational change (synchronizing ___ P P ___ systems and work processes)

Communication Urban Apps P P P P with Residents CRM ___ P ______

Business Encouraging Initiatives entrepreneurship and P P ___ P hi-tech facilities

Beta Site for start-ups ___ P ______

Strategic Plan Is there an overall digital or smart-city ___ Partial ___ In process strategy?

Advocates Officials promoting Mayor, CEO Mayor, Mayor, Mayor, the smart city agenda Strategic Planning Chief Planning Officer Information Digital Israel’s National Department and Global TLV and Operation Project. Department.

1 The Upgrading Online service category refers to: payments, information, registration, building inspection, business licensing. 2 The Safe City category refers to: operations and command center, CCTV network, emergency systems. 3 The Smart infrastructure category refers to: Lighting, waste management, water, Wi Fi, transportation. 4 The Data Management category refers to: GIS, knowledge administration open-source data system.

33 Table 1.4: Digitization Initiatives in Other Israeli cities

Netanya Herzliya Rishon Letzion Modiin Ashdod Eilat Strategy and Infrastructure Infrastructure Infrastructure Technology and Infrastructure, Sustainability, Focus and and and education infrastructure innovation for quality of life communication entrepreneurship health and and energy with residents transportation independence Active and Upgrading P _____ P ______Future Online Service1 Initiatives Safe City2 P P P P P P

Smart Lighting Digital Digital Pilot of smart Lighting Solar energy infrastructure3 Traffic lights infrastructure infrastructure city park Traffic lights Digital Waste (fiber optic with smart Irrigation infrastructure management cable) Lighting infrastructure (fiber optic Automatic Traffic lights cables, public transportation Waste Wi-Fi) Lighting management Irrigation Waste ’smart poles’ Electric road, temperature, buses and taxis humidity, noise and air pollution Public transportation Data P ______P Management4

Communication P P P P P P with Residents5

Encouraging ____ P P P P _____ Entrepreneurship

Other Establish an Smart international classrooms water research Establish center a marine biotechnology center Build a smart neighborhood

Strategic Is there an ______In progress ______Plan overall digital or smart-city strategy? Advocats Officials Private Municipal Private Private Municipal External promoting companies and authority companies and companies authority consultant the smart city consultants consultants through and municipal agenda initially; later academic authority the city issued institutions a tender for a (MIT) and professional private team companies

1 The Upgrading Online Service category refers to: payments, information, registration, building inspection, business licensing. 2 The Safe City category refers to: operations and command center ,CCTV network, emergency systems. 3 The Smart infrastructure category refers to: Lighting, waste management, water, Wi Fi, transportation. 4 The Data Management category refers to: GIS, knowledge administration open-source data system. 5 The Communication with residents category refers to: Smart call center , CRM, Urban app.

34 Lucern, Switzerland (Photo:Yuval Hidas) 35 Digital initiatives are a genuine challenge for municipalities and decision-makers V in terms of both budget and priorities. What has impact on work plans? How are Developing a Strategic priorities set? In general, prioritization is influenced by three key dimensions: motivation, budget, and scale. Plan: Motivation, Budget • Motivation: Defining Goals and Change Digitization processes create many and varied opportunities, however many municipalities have difficulty establishing priorities. As explained by Natan Fridchay, VP, Systems Group, Taldor Limited, regarding municipalities, “There is this, and that, and the other thing, and they don’t know how to prioritize.”62 The first stage in prioritization is understanding that technology is not a goal but rather a collection of services and means for realizing other goals in the city. As Yossi Ben Simon, CIO in Ashdod, explained: I always remind them, the goal is providing services to citizens. What is the smart city for me? It is a city that knows to give its residents A lack of digital vision with the best possible service at lowest possible price, and create added clear goals makes it difficult value for its residents by providing the varied services. If, at the end, for a city to prioritize its I make money and direct it to education, from my perspective it is a desires and channel private service to residents. If in the end I make money and direct it toward 63 companies’ initiatives to social services – that is added value for my residents. respond to the specific However, even if there is clear motivation to provide services to residents and residents’ needs. streamline resource management, it is important to calibrate the initiatives to the overall vision of the city. The lack of a digital vision with clear goals makes it difficult for a city to prioritize its desires and channel private companies’ initiatives to respond to the specific needs of residents. Moreover, the lack of vision contributes to the politicization of initiatives and selecting priorities on an ad hoc basis. As noted by Doron Marhum from Microsoft, “In some places where we are involved in these dialogues, you definitely feel the lack of some sort of vision, some sort of path that has been laid out, which can be followed; often [there are only] short-term decisions.”64 An intelligent evaluation • Budget: Economic and Social Risk includes an examination Technological projects bear significant long-term costs and maintenance. of the overall yield of an Therefore, an intelligent evaluation includes an examination of the overall yield initiative, an economic of an initiative, an economic examination (how much is a cost?), social examination examination (how much is (who will gain from it?) and long-term examination (implementation stage and a cost?), social examination long-term feasibility).65 (who will gain from it?) and Considering the initiative and its profitability is a learning process, and therefore long-term examination pilots – even successful ones – are not necessarily implemented on a citywide (implementation stage and scale. As described by as Avi Ben Hamo, CEO in Netanya : long-term feasibility). We understood that in a smart city there are many things that almost everyone does or almost everyone wants to do, either partially in

62 Natan Fridchay (VP, Systems Group, Taldor in a joint interview with the Dr. Nili Naveh, VP Business Development, Taldor) September 7, 2016. 63 Yossi Ben Simon (CIO, City of Ashdod), September 25, 2016. 64 Doron Marhum (Microsoft joint interview with Nurit Aviv Bar) November 7, 2016. 65 Researchers point out the uneven distribution of benefits from smart city projects: “Who are the winners and losers of the smart city?” Roadmaps optimistically assume that smart city projects are universally beneficial. What we observed, however, is that different applications and different combinations of sensors and feeds have potential to empower or disempower different coalitions”, Valdez, Cook, and Potter, “Roadmaps to Utopia”, p. 3398.

36 this way or partially in that way, with everything dependent on the available budget. For example, lighting is an issue that is mostly economic. From many conferences and seminars that we attended, we understood that LED lighting is something that in the long run saves a lot of money. We did a pilot in Netanya, and discovered that the savings did indeed reach 65%, and we said we succeeded, let us do it here. And then we mapped the project in order to understand how much we have, to see how much it costs. We saw the amount and said, we don’t have the money to do it now. On the other hand we understand the need. So, then we find a financial solution for how it can indeed be done.66 Eli Ankri, Deputy Mayor of Eilat, related to the yield from technological progress when he said, “net, this is an economic project. If you manage to obtain the financing, then this is a project for whom returning the investment is guaranteed, the percentage yield is high, and in any case it is worthwhile to start the process even if you do not have internal financial sources.” 67 Furthermore, there is a risk in implementing technological initiatives because they require large budgets and because they are innovative and have not been tested elsewhere. • Scale: Technological Initiative as a Multidimensional Process Scale is the central parameter for the implementation of technological projects. Many cities test the projects on a small scale, but have difficulty implementing Many cities test the projects them citywide. Even for financially stable cities, these initiatives are a complex on a small scale, but face challenge. As Assaf Zamir, Deputy Mayor of Tel Aviv says: difficulties implementing It is a trailblazer, it wants to play with the big “boys,” but it isn’t big. them on a citywide scale. It doesn’t have the budget like them either. It’s not New York, and in Even for financially stable many ways it doesn’t face the challenges of a big city because it is, cities, these initiatives are a at the end of the day, a small city, located within a medium-sized complex challenge. metropolitan area. It cannot afford developing large scale digital initiatives and thus focuses on localized things, which are very easy to implement, let us say [themes] that require more thinking then physical infrastructure; and the central issue is from my perspective, connecting the city to its residents.68 The issue of scale is also related to understanding that city’s digitization is a complex process, and that the implementation may take years or even decades. Moreover, digital initiatives require constant updating, regarding both technology and city needs. In many senses the various technological initiatives require regular follow-up and monitoring, which is essential for their success. As Assaf Zamir noted, This is not some sort of goal that you reach and then you’re finished. You are smart city. This is something that you need to decide is in your blood and deal with it all the time, to allocate resources continuously, and to agree to update and develop your policy about it every year, otherwise you become irrelevant within five years.”69

66 Avi Ben Hamo (CEO, City of Netanya), August 8, 2016. 67 Eli Ankri (Deputy Mayor of Eilat) November 23, 2016. 68 Assaf Zamir (Deputy Mayor, Tel Aviv-Jaffa), August 7, 2016. 69 Ibid.

37 Smart city is an abstract, generic term for digitization initiatives and processes in VI contemporary cities. It is hard to formulate what a smart city is, and the concept Planning is defined differently in each city according to its governance structure, the scope of technological innovations implemented there and their characteristics. Recommendations: Therefore, we suggest addressing the smart city model critically, as a branding Policy tool, and instead of mere branding, respond to it pragmatically, based on the need and use of residents. Even more, in studies on digitization, the spatial and physical environment is rarely the center of attention, and digitization is considered an independent virtual infrastructure that supports city life and city’s economy. Smart city projects and studies tend to view the city as a flat entity. Most studies investigating digitization have focused on the individual level and have neglected the effects of the neighborhood geography, the physical built environment (i.e., detached houses or high-rises) and the daily life of the community.70 Furthermore, digital The digital city model is platforms are often designed to support daily needs (e.g., shopping, transportation, merely a branding tool; cities payments, and social needs), and are responsive to daily patterns and the immediate environment. However, while ICTs produce space-time compression, need to address digitization geography remains critical.71 Small city size, location, quality, access, amenities processes in today’s cities (shops, schools, and public transport), safety, and neighborhood design enable more pragmatically. (although do not necessarily determine) social interactions and cohesion at the neighborhood level.72 Furthermore, other aspects of the urban socio-spatial environment, such as “geo-ethnicity,” spatial segregation or concentrated poverty, influence technology use.73 Thus in developing a digital initiative in a city, the following key questions should be asked: what are the key characteristics of the city? Does the built environment nurture particular lifestyles that might influence digital initiatives or digital use, and if so, how? Aiming to avoid technological determinism, which contends that digital use implies digital capital and progress, the departure points in developing city’s vision should be: First, cities are complex agglomerates of socio-spatial units; thus, digital initiatives should be assessed in the social, spatial and geographical contexts. Second, although ICTs blur the lines between the physical space and virtual space, the physical space cannot be ignored.74

70 Michael Crang, Tracey Crosbie, and Stephen Graham, “Variable Geometries of Connection: Urban Digital Divides and the Uses of Information Technology,” Urban Studies 43, no. 13 (December 1, 2006): 2551 – 70, https://doi.org/10.1080/00420980600970664. 71 James Ash, Rob Kitchin, and Agnieszka Leszczynski, “Digital Turn, Digital Geographies?,” Progress in Human Geography, August 24, 2016, 0309132516664800, https://doi.org/10.1177/0309132516664800. 72 Robert Gutman, “The Social Function of the Built Environment,” in The Mutual Interaction of People and Their Built Environment, ed. Amos Rapoport (Walter de Gruyter, 1976); Dorina Pojani and Migena Buka, “From Camaraderie to Detachment: The Effect of Changing Built Environment Forms on Neighborhood Relations in a Post-Communist Context,” Cities 49 (December 1, 2015): 66 – 75, https://doi.org/10.1016/j. cities.2015.07.007. 73 Karen Mossberger et al., “Unraveling Different Barriers to Internet Use: Urban Residents and Neighborhood Effects,” Urban Affairs Review 48, no. 6 (November 1, 2012): 771 – 810, https://doi. org/10.1177/1078087412453713; Joo‐Young Jung, Yong‐Chan Kim, and Sandra J. Ball‐Rokeach, “Ethnicity, Place, and Communication Technology: Effects of Ethnicity on Multi‐dimensional Internet Connectedness,” Information Technology & People 20, no. 3 (August 28, 2007): 282 – 303, https://doi. org/10.1108/09593840710822877. 74 Tali Hatuka, Hadas Zur and Jose Antonio Mendoza Garcia, Placing Digital Use in a Spatial Context: Smart Cities, Lifestyles and Practices of Digitization in Tel Aviv-Jaffa, 2020, Forthcoming.

38 The challenge of decision-makers in today’s cities is to formulate a vision and The challenge of decision- goals for future urban development, responding to technological initiatives makers in today’s cities is to from a long-term perspective. formulate a vision and goals In other words, the challenge is to understand how efficiency, innovation for future urban development, and technology might support an overall vision of the city. Development of a responding to technological technological-social agenda in the city is something new, and many cities lack initiatives from a long- the organizational, budgetary and conceptual readiness for it. Here follow several term perspective. recommendations for promoting a digital agenda in contemporary city.

Ü Define a vision for the city and develop a multiyear strategic plan for technology. The purpose of the plan is to build digitization processes for the city in accordance with its needs and abilities. Today the plans are primarily constructed by external consultants who sell technologies while relating to the city’s space in a generic way. Strategic plans in this field must be based on Strategic plans in this in-depth knowledge of the technological, planning-spatial and economic-social field must be based on in- realms. These three components are the foundation for successful integration depth knowledge of the of technology in the city. technological, planning-spatial When defining the plans it is necessary to pay attention to the following main and economic-social realms. points: • Defining plans and goals. The city’s vision should not be derived from the digitization processes, but rather the digitization dimension should be seen as an additional layer in implementing the vision. Regarding definition of goals, digitization processes can help a wide variety of goals, e.g., improving systems, economic savings, strengthening connection to residents, etc. The definition of the goal needs to be suitable for the overall vision while considering its scale (city scale, specific spaces, etc.). • Addressing the city’s multilayer context. Each city has a unique context that requires careful, in-depth examination when selecting the desired development model in a digital context. Moreover, the vision should also be examined and defined as a cumulative process of technological-civil development, adjusted to the city, while also taking into account it’s the local, regional, and national contexts. • Defining the target population. Although it is clear to mayors and local leaders that the resident should be at the center, three distinct population groups can be identified in each city: residents, tourists, and business people. Each of these groups, especially residents, can be divided in subgroups that should be studied and understood. When developing the strategic plan and examining technological innovations it is necessary to evaluate which of these groups will best be served by the digital initiative implemented. • Defining fields of intervention. Technological initiatives can have spatial and urban impact. Therefore, the strategic plan must relate to the influence of innovations on the planning and social arenas. • Identifying obstructions. It is necessary to examine the limitations, budgetary constraints, and the costs of implementation of the technological initiatives as a cumulative process, in order to create a modular program that includes goals and milestones for the coming decade.

39 • Taking into account dynamism. Since technology and applications change and are replaced, it is important to have meta-goals for development of the city. If technology is defined as a means, then it will be possible to deal with changes in the current configuration.

Ü Establish an integrated administrative body that will support the growth and management of technological aspects of the city. The purpose of this body is to ensure clear strategic development that will improve urban growth and the quality of life in the city. It will be responsible for the vision and conceptual planning and projects related to technology. As an administrative agency, its purpose is to prevent some of the problems currently common in the technological development of cities, such as ad hoc decisions regarding technological issues, direct contact of private companies with senior officials, and initiating technological projects without an overall perspective. This agency must include both the planning personnel responsible for the vision of the city and policymakers, in addition to technological people.

Ü Develop work procedures for working with the technology companies. Technology companies must be considered, in all regards, suppliers who depend on the city. The companies need the city in order to implement and test their technologies. Therefore: 1. The local authority is the entrepreneur and owner of the vision. The municipality has a holistic view of the entire society within its boundaries. 2. The municipality will define, based on its vision, which companies are suitable for implementing the goals of the strategic plan.

Ü Develop work procedures for working with consultants. Regarding consultants, they also must be considered suppliers who depend on the city. The consultant has a role in designing the strategic plan for the local authority. It is important that the Therefore, it is important that the supplier be able to provide a strategic plan supplier is able to provide a based on an in-depth understanding of the technological, planning-spatial strategic plan based on an in- and economic-social realms. Because this field is still developing, it lacks depth understanding of the regulation and organized training for consultants. technological, planning-spatial and economic-social realms. Ü Prepare a budget and work plan. Technological projects are projects with significant long-term costs and maintenance. Therefore, intelligent evaluation of the project must include the implementation stage, the lifespan of the project and its overall yield, from long-term economic (how much will it cost?) and social (who will gain from it?) perspectives.

Ü Regulation of strategic, technological consultation and planning. As a field that will have a dramatic impact on urban development, is highly sensitive and uses public funds from both municipal authorities and the central government, it would be appropriate to regulate the training of consultants in this field. Furthermore it would be desirable to create uniformity and regulation for the development of strategic technological plans. To conclude this chapter, the city should not be an experimental field, even if technology is an important component in its daily life. It is necessary to understand

40 that this is a process that will continue for years, it is a dynamic process with The city should not be an high budgetary demands. Therefore, in developing the city in the digital age experimental field, it is policy makers should view technology as a mean to improve the quality of necessary to understand that life for residents and employees working in the city, while understanding that digitization is a process that digitization is merely another dimension in the cities of administration and will continue for years; it is organization systems. a dynamic process with high budgetary demands.

Figure 1.2 Vision Management Strengthening the connection the vision and management of a city in the digital age

Define a vision for the city and Integrated administrative develop a multiyear strategic body to support growth and plan for technology. Developing a management of technological strategic plan for technology must aspects of the city. Responsible be based on in-depth knowledge of for the vision, and planning the technological, planning-spatial ideas and projects related to the and economic-social realms. technology from a comprehensive city-wide perspective.

Formulate goals with reference Prepare budget and work plan. to their impact on the city. • Build a mechanism to evaluate • Examine context when selecting models the desired development model • Manage and monitor projects • Define the target population; • Regulate the conduct of the relate to sub-groups authority when working with • Define spaces for intervention the private sector, technology • Examine obstructions and companies and consultants constraints for implementation • Dynamism and adaptability connected to the meta-goals.

Technological Infrastructure and 2 Cyber Threats in the Digital City Eran Toch

Jerusalem (Photo: iStock) Technological Infrastructure and 2 Cyber Threats in the Digital City Eran Toch

“At the moment, none of the Technological developments have guided cities’ development since the municipalities are guided by a cyber- beginning of urbanization. Factors such as fortifications, transportation security team. This means that some authorities might not have any and energy have influenced the location and structure of cities. In recent IT security mechanism or even an decades, Information Technologies (IT) – the use of computerization antivirus. There are no guidelines, and communication technologies to manage and process information no one receives instructions, and – are occupying an increasingly large place in cities. Computer-based nobody checks. The municipalities information systems were developed in organizational and industrial whose CIO does not have an adequate th understanding of IT security does not contexts in the latter half of the 20 century. Initially IT consisted have any security.”1 of computers that did basic calculations and stored data. Later, more advanced technologies were developed, including computer networks that were eventually joined together to form the Internet. The miniaturization of computers, evolvement of broadband wireless communication networks, and the development of technologies for preserving and processing large quantities of information facilitate the progress of varied technologies that were once limited to industrial operations or defined geographical areas, such as an airport.2 Today, many technologies have become sufficiently inexpensive and standard that many cities are becoming smart cities by computerizing work processes. The deployment of technologies in cities is propelled by multiple forces and interests. Cities are interested in reducing the cost of municipal services and in improving service; technology vendors that have specialized in industrial computing are interested in creating new technological markets to their products. Also, private companies and citizens create new technological environments and markets, which make the experience of living in or visiting a city more sophisticated. This chapter focuses on technologies being deployed by cities, and how to prepare for facing the accompanying risks. The chapter is divided into four sections. The first section presents the principal smart technologies currently found in cities. The second section discusses technological development and deployment processes. The third section

2 Antony Bryant et al., “Information Systems History: What is History? What is IS History? What IS 1 Itzik Carmeli (CIO and Smart City Director, City History?… And Why even Bother with History?” Journal of Information Technology 28, no. 1 (2013): 1 – of Rishon LeZion), September 8, 2016. 17.

44 surveys the various threats faced by a city’s IT systems in the digital The deployment of era. These threats include attacks on technological infrastructure technologies in cities is (hardware, software and applications) and databases. This section propelled by multiple forces includes mapping of the various types of attacks, and is organized and interests: technology according to the type of infrastructure attacked and the type of attack. vendors that are seeking new The fourth section is devoted to recommendations for protecting the markets for the products, city’s digital infrastructure and residents’ privacy. private companies and residents. This chapter focuses on the risks accompanying this process.

45 The technologies in a digital city are based on systems that push data via a I communications network, and on systems that make decisions based on the data. Technologies The technologies currently used in cities are diverse – ranging from applications for saving water to systems that manage urban planning data. Applications can in a Digital City also be deployed in a multitude of ways, from sensors in the built environment up to and including apps that residents can install on their smart phones. In order to analyze and organize this wide variety, we use several methods of categorization, and arrange them according to three principal dimensions: application domain, technological level and the system’s organizational strategy. • Application domain It is possible to categorize technologies according to the domain in which they operate, such as energy, transportation, interaction with residents, water, etc. Table 2.1 below, which is based on academic literature on information systems,3 classifies the technologies most commonly installed in today’s city, presenting The technologies currently them by domain and the level of physical deployment required, from those that used in cities include a very require a substantial physical presence to those services that are generally much wide range of systems, less reliant on the physical municipal infrastructure. which can be organized • Technological level according to three principal This dimension relates to the location and function of a particular technology dimensions: application within the urban fabric. For example, is it a technological system installed in domain, technological level the field or a system for analyzing data? It also concerns the location of the and organizational strategy. technology in the technological food chain, and how various solutions integrate into it,4 as shown in Table 2.2.

3 See: Vito Albino, Umberto Berardi, and Rosa Maria Dangelico, “Smart Cities: Definitions, Dimensions, Performance, and Initiatives,” Journal of Urban Technology 22, no. 1 (2015): 3 – 21; the categories used here are based on Susanne Dirks and Mary Keeling, “A Vision of Smarter Cities”“ IBM Institute for Business Value, 2009, https://www-03.ibm.com/press/attachments/IBV_Smarter_Cities_-_Final.pdf; Paolo Neirotti et al., “Current Trends in Smart City Initiatives: Some Stylised Facts,” Cities 38 (June 2014): 25 – 36, https://doi.org/10.1016/j.cities.2013.12.010. 4 W. M. da Silva et al., “Smart Cities Software Architectures: A Survey,” in Proceedings of the 28th Annual ACM Symposium on Applied Computing (March 2013), 1722 – 1727.

46 Table 2.1: Application Domains of Digital Technologies Common in Today’s Cities

Domain Technological Applications Examples

Transportation Improving means of transportation and reducing Applications for organizing public transportation, and Traffic their cost. ridesharing, resource management of parking, roads, etc.

Smart Streets Enriching the physical environment with technology Smart streetlights, digital billboards, systems for and Buildings to make it more efficient, more effective and managing residential buildings. less expensive.

Environment, Water Streamlining basic city infrastructure, such as water Digital irrigation, water distribution, leak identification in and Garbage and trash disposal – both for reducing the resources the water transport system, treating wastewater, detect allocated and for identifying and treating pollution contamination of water and soil, manage the garbage and hazards. removal system, control industrial contamination.

Energy Streamlining production, transport and use of energy, Analyze and control electrical networks that produce and system management. and store solar energy, manage solar panels in the city, manage electricity use by private and business consumers.

Emergency Response Use technology to improve and accelerate responses in Identify and respond to situations of distress, manage various emergency situations. personnel responding to a situation, automatically detect earthquakes, floods and other emergencies.

Security Surveillance and security on an urban scale. Deployment of surveillance cameras and various and Surveillance sensors, automatic video analysis.

Interface with and Systems that facilitate communications and interaction Diverse systems including municipal social networks, between Residents between the city and residents, or visitors, or amongst public participation in city planning, analysis of residents themselves. residents’ activity on social networks.

Table 2.2: Most Common Technologies in Cities

Technological level Applications Examples

Applications Systems designed to solve a problem or meet a need in Applications that check the situation in garbage the domain of a particular application. containers or inform residents about events in their area.

Logical Infrastructure Software that consolidates information and enables Geographical Information Systems (GIS) facilitate the operation of applications. management of the geographical data that serves as the foundation for building apps.

Physical Infrastructure Systems employed in the built environment, including Systems that include the Internet of Things (IoT), software and hardware that make it possible for sensors and Internet-connected devices such applications and logical infrastructure to communicate as security cameras, chemical sensors, smart with the field. streetlights, etc.

Communications Software and hardware components that connect the Communication networks in a digital city include Networks various elements of the digital city and between the switches, optical cable, copper cable, WiFi antennas, different layers. 4G and 5G cellular networks, fog networks and other communications infrastructure.

47 Each country has its own unique characteristics. In Israel, the most common projects are: Information systems for residents – Systems that actively provide information to residents, for example Tel Aviv’s DigiTel system or Singapore’s Smart Nation’s App. These systems proactively provide personally-adapted information (via SMS and other systems) about, for example, events in the cardholder’s area of interest or about specific problems in their neighborhood. The system uses a database that includes profiles of residents and their areas of interest, so they can adjust the information about events to the particular user. In many cities these systems are connected to the resident’s card that residents use to access municipal or commercial services. In the following example, Yossi Ben Simon, the CIO of Ashdod, describes how the city planned the information system for residents: In the context of the resident card? We will collect information about areas of interest, age, types of cultural events that the resident thinks, in advance, will be of interest. You can begin to push information to residents based on what actually interests them and not simply flood them with information. When you send people information that interests them, you begin to reach residents, and they begin to see value, that we relate to them personally. In the past we talked about a plastic card but that didn’t happen. Now we are moving to the The most common digital world and are gathering momentum, it’s easier to do this now.5 technological applications in Israel are information Connected streetlights – A system of streetlights that includes energy-saving systems for residents, LED bulbs and has a range of sensors installed (including those that detect connected streetlights, noise, temperature, humidity, and air pollution) and other components (such as irrigation systems, debit and WiFi networks). The streetlights are connected using optical cable and serve as collection systems, control and infrastructure for physical deployment of smart city components. These systems monitoring systems. are efficient, because they facilitate significant savings in the cost of deploying and operating systems. Yossi Ben Simon describes system’s capabilities: “These are lighting control systems that turn on the lights according to time of day, can increase the intensity of the light and can decrease it, as necessary. For example at 2am the lights do not need to be a strong as at 8pm, because there is hardly any traffic at two o’clock in the morning. So instead of turning on all the lights for no reason, only a few are turned on or they are turned on at a lower intensity.”6 Irrigation systems – Moisture and weather sensors are incorporated into irrigation systems. Management systems combined with drip irrigation have the potential to decrease the total cost of irrigation across the city. The potential for savings from the system is large, as Avi Ben Hamo, CEO of Netanya, explains: We began by installing special technology for the irrigation system, and were able to return our investment even after the first year. To make it easy to understand I will give an example – previously we irrigated approximately 600,000 square meters using approximately 2 million cubic meters of water and now we are irrigating almost twice [the area]; we increased the landscaped area: we could allow

5 Yossi Ben Simon (CIO, City of Ashdod), September 25, 2016. 6 Ibid.

48 ourselves to increase the landscaped area by 1.3 million square meters because of what we had done.7 Debit and payment systems – Developing debit and payment systems for various types of municipal financial transactions, including property taxes, tickets and building code violations. One of the largest systems was developed by the city of Tel Aviv-Jaffa, as then Deputy Mayor Assaf Zamir reported: “A debit and payment system isn’t something that anyone relates to as innovative, but it is definitely related to the smart city… The municipality developed a debit and payment system at a cost of NIS 180 million, in order to be certain that everyone pays their property tax. [The system] more or less covered the cost of the investment in 13 months.”8 Surveillance and security systems – Projects to establish a safe city include a variety of surveillance systems, particularly security cameras. In many cities, there are systems that automatically analyze the video output received from the cameras and identify events such as a person entering a particular area, several people gathering in a single place, or car stopped on the side of the road. Cities introduce these systems primarily in order to save personnel costs for security control centers and because of their powerful ability to analyze events in the city, as Yossi Ben Simon explains when he describes the set up for a small city: In the safe city domain, we set up a visual control center, and have, as of today, installed approximately 150 cameras. These cameras are connected to the municipal headquarters by a command-and- control system. Video analytics are already incorporated into some of the cameras, because it’s impossible to have a control room staff capable of watching 150 cameras 24 hours/day to see events in real-time. Therefore, in some places we installed smart cameras that know how to do an analytical analysis of events, and bring the image of the foreground on the screen of the chief of the control center.9 • Organizational strategy The term organizational strategy of a system refers to the organizational approach Using the term organizational of a technological solution and how it is constructed.10 Different technologies are strategy is intended to operated by different parties, and each technology has a particular organizational describe the connection approach that dictates where, when and under what conditions it will function. between the initiative and the Thus, for example, some technologies are used by national and elected municipal system’s operation, and how authorities (e.g., information displays at bus stops), some are used by private they are incorporated into the companies (e.g., Moovit transportation app), and still other apps are developed urban fabric. by residents. Using the term organizational strategy is intended to describe the connection between the initiative and the system’s operation, and how they are incorporated into the urban fabric. Table 2.3 displays various ways in which technological processes can be implemented.

7 Avi Ben Hamo (CEO, City of Netanya) August 8, 2016. 8 Assaf Zamir (Deputy Mayor, City of Tel Aviv-Jaffa), August 7, 2016. 9 Yossi Ben Simon (CIO, City of Ashdod), September 25, 2016. 10 Neirotti et al., “Current Trends.”

49 Most of the technologies described here belong to the first category, meaning they are projects operated by cities (for example the DigiTel card issued by the city of Tel Aviv-Jaffa), but there are exceptions to this generalization. Yehud Marciano, Chief Officer for IT and Innovation in Be’er Sheva, gives some examples of a bottom-up approach: There are residents who create their own layers of information. For example, we have a resident here who made a data layer for bicycle paths. He went and mapped – together with some other people – all of the bicycle paths in the city… We also believe it is possible to give residents the power to create things, and that later other residents 11 The technologies currently will be able to use, and even the city will be able to use. deployed in cities share several The technologies currently deployed in cities share several common characteristics. common characteristics. First and foremost, a large portion rely on the Internet of Things (IoT)12 as the infrastructure that connects the physical environment and the information systems. This infrastructure includes connected sensors, controllers and communication components that are connect all of the other elements. The most common physical infrastructure elements are security and urban management cameras, as well as sensors in garbage containers. The infrastructure uses diverse communication networks: copper cables, optical cables, WiFi networks, cellular networks and fog networks.13 The most common protocols are SCADA14 primarily on older physical infrastructure, or the cellular networks on newer infrastructure. Figure 2.1 depicts how various applications appear on different technological levels. For example, transportation systems on the physical infrastructure level are connected using a communications network with logical infrastructure, collects data that makes it possible for an application to work with the physical infrastructure or interface with residents and other users.

11 Yehud Marciano (Chief Officer for IT and Innovation, City of Be’er Sheva) September 15, 2016. 12 The Internet of Things or IoT is a network of physical components, outfitted with hardware and software that connect them to the Internet and other components. 13 Fog networking is a model of networking in which the information processing is done by the connected elements themselves, rather than using computers accessed via the Internet. 14 The Supervisory Control and Data Acquisition or SCADA protocol originated in industrial systems and makes it possible to connect sensors and other elements in the digital city.

50 Figure 2.1

Variety of Applications at Different ם י קשממ ם ם י י Interfacesקשממקשממ Technological Levels ם ם י י קשממקשממ ם י בש ו תלקשממ ם י דב ו עלקשממ ם י פת ו ש ם י בש ו interfaceתל קשממResident ם י דב ו עלinterface קשממEmployee ם י פת ו שPartners ם י בש ו תלקשממ ם ם י י דב דב ו ו עלעלקשממקשממ ם י פת ו ש ם ם י י בש בש ו ו תלתלקשממקשממ ם י דב ו עלקשממ ם ם י י פת פת ו ו שש

םימושי םימושי יי Applicationsםימושי י םימושי םימושי יי םימושי יי תרש servers םימושי םימושי ייי י תרשתרשApplication םימושי םימושי ייי י תרשתרש

תי ג ול תיתשת תי תי ג ג ולולLogical Infrastructureתיתשתתיתשת תי תי ג ג ולול תיתשתתיתשת תי ג ול תיתשתי תרש עד י מי ר ג אמ תי תי ג ג servers ולול תיתשתתיתשתי י Infrastructure תרשתרשLogical עד עד י י ממי י ר ר Databasesג ג אמאמ תי תי ג ג ולול תיתשתתיתשתי י תרשתרש עד עד י י ממי י ר ר ג ג אמאמ

ת ת ר ר ו ו שקתשקת תש תש רר ת ת ר ר ו ו שקתשקת תש תש Communicationsרר ת ר ו שקת תש Networkר

תי ז יפ תיתשת תי תי ז ז יפיפ תיתשתתיתשת תי תי ז ז Infrastructure יפיפPhysicalתיתשתתיתשת םי י נ וציח ם י קשממ ם י נשי י ח ם י דקפ ת ו י תשת םי םי י י נ נ וציחוציח ם ם י י קשממקשממ ם ם י י נשי נשי י י חח ם ם י י דקפדקפ ת ו י תשת םי י נ וציח ם י קשממ ם י נשי י ח ם י דקפ ת ת ו ו י י תשתתשת םי י נ וציח ם interfacesי קשממExternal ם י נשי י חSensors ם י דקפControllers ת ו י תשתInfrastructure

Table 2.3: Catalogue of Level Applications Examples of Technology Organizational Strategies

Top-down This approach is focused Systems for garbage or public Approach on a hierarchical design of transportation management. the system, in which the city (generally) designs the system and implements it in a centralized manner, using the resources at its disposal.

Bottom-up This is a nonhierarchical Social networks that operate Approach approach in which the system in buildings, apps developed is built by residents or local by residents, for streets or organizations. Many times the neighborhoods, the “Red Alert” city or another governmental apps connected to the Home agency supplies the data or Front Command alarm interface. specific resources, and the application is constructed by residents.

Mixed Approach These are applications developed Crowdsourcing app like Moovit by private companies or and Uber. organizations and implemented by the city.

51 Three principal sub-processes can be identified within the process of establishing II technological systems in cities. Establishing • Expanding integration of data in the city. A substantial part of the digital Technological Systems projects, especially those centered on constructing logical infrastructure focus on ever-increasing integration of data in the city. The purpose of this integration in Cities is to make processes more efficient, and to allow greater supervision of what is happening in the city. As Yossi Ben Simon explains: When I say “integration,” I mean that currently there are many systems but the systems do not know how to speak to each other. For example, if a certain streetlight burns out, even before a resident complains, a smart system would identify it and automatically open ticket in the CRM system. The automatic CRM system knows that this is the responsibility of the electric department and sends a request for them A substantial part of the digital to take care of it. Thus, the repair would be ordered automatically, 15 projects, especially those before anyone picks up the telephone. centered on constructing • Predict residents’ behavior. Digital city systems are developing abilities beyond logical infrastructure focus on responding to inquiries or actions taken by users, and focus on behavior of ever-increasing integration of users (particularly residents) and their preferences. Thus, for example, the digital data in the city. data systems like DigiTel are programmed to develop and include modules for identifying future behavior residents. This is explained by Zohar Sharon, Chief Knowledge Officer of Tel Aviv-Jaffa: Here in Tel Aviv, we are attempting to push this further in the direction of prediction. This means not only analyzing past data from the Central Bureau of Statistics, which were accurate two years ago, but also real-time data management and analysis so we can reach a point where analysis helps us provide better services in advance, and take more effective preventative measures… In my opinion, this is something that will become increasingly important in the smart management of the city.16 Digital infrastructure is • Technological standardization for cities in the digital era. Digital infrastructure expensive to develop, is expensive to develop, particularly when there are no systems on the market particularly when there are that are standard in the way that ERP systems are standardized in the no standard systems on organizational market.17 Liora Schechter, Tel Aviv’s CIO describes it this way: the market. In many cities, there are needs for which the CIO must request the assistance of the city management, especially for resources to advance the systems. One frequently repeated comment is, “we cannot do what Tel Aviv did and develop an independent system.” Most of the municipalities do not develop systems independently, they rely on solutions from external companies. When every contract requires issuing a tender, it creates a web of interests that require attention. The world is not a utopia, in every situation of development processes there are ways of handling the integrative aspects. This is what is now required of us! For example: to reflect back to residents their

15 Yossi Ben Simon (CIO, City of Ashdod), September 25, 2016. 16 Zohar Sharon (Chief Knowledge Officer, City of Tel Aviv-Jaffa), August 10, 2016. 17 Enterprise Resource Planning (ERP) systems are used for managing production, sales, human resources, and effectively all of the systems necessary for most large economic organizations.

52 situation in all of the domains handled by the municipality (education, welfare, community, parking, property tax). Because control and development of the systems in Tel Aviv is independent, I can create a personal area where all of these domains are integrated. If a city hires multiple companies, with one system for property tax, another for parking and another for something else, it will be a much greater challenge to integrate all of these aspects. If we are able to create a market for the development of an ERP, it will be a step towards the era of integrative service.18

18 Liora Schechter (CIO, City of Tel Aviv-Jaffa), November 1, 2016.

53 As digital infrastructure is deployed in the city, the voices concerned about a III cyber-attack on the city increase.19 Several attacks on municipal infrastructures Vulnerability of the City provide examples of the risks inherent in these systems. For example, according to several reports in the press, an attack on the Carmel Tunnels in Haifa paralyzed in the Digital Era this important transportation infrastructure. According to some published articles (but denied by the operating company, Cross-Israel Highway), a Trojan Horse was able to penetrate the security camera system in the Carmel Tunnels, causing significant disruption and closing the road for two days.20 Other articles reported on an attack on the water system in Haifa.21 A 2017 report of the State Comptroller regarding five municipal authorities revealed many cases of harm done by hackers who penetrated databases.22 For example, in August 2013, a server used by the engineering department of Nazareth Illit [now renamed Nof HaGalil] was damaged after an employee opened a file attached to an email. The attacker who had sent the virus by email demanded that the municipality pay a ransom of NIS 10,000 in order to remove limitations on access to files, but the city chose not to pay. Because it could no longer access the data stored on that server, the city had difficulty filing suits against people who had violated construction codes.23 These instances highlight the vulnerability of a city in the digital era, and how physical infrastructure and databases can be jeopardized. Analysis of the interviews Analysis of the interviews we conducted shows a substantial difference between we conducted shows a very cities’ readiness the event of a cyberattack. Cities with a strong infrastructure substantial difference between of information systems are able to provide systems and solutions that are at cities’ readiness in the event the very forefront of technology and organizational procedures. Liora Schechter of a cyberattack. Cities with describes some examples: a strong infrastructure of What is the most severe damage/threat that could happen to the information systems are municipality? To my mind, it is the leakage and/or theft of information able to provide systems and about residents. We are currently conducting a large risk survey solutions that are at the very to identify our critical assets and the level of risk. Approximately forefront of technology and a year ago we reestablished the IT and cyber security unit, which organizational procedures. includes 13 people in this unit alone. Each employee has a practical specialization in a particular field – from FW management, monitoring security events, Honey Pots. The team, with the assistance of external specialists, can respond to an attack. More than once, we have been able to isolate a new virus, analyze its behavior, and even send the

19 A. Bartoli et al., “Security and Privacy in Your Smart City,” in Proceedings of the Barcelona Smart Cities Congress (2011); A. S. Elmaghraby and M. M. Losavio, “Cyber Security Challenges in Smart Cities: Safety, Security and Privacy,” Journal of Advanced Research 5, no. 4 (2014): 491 – 497; Rob Kitchin, “The Real-Time City? Big Data and Smart Urbanism,” GeoJournal 79, no. 1 (2014): 1 – 14. 20 Associated Press and Ha’aretz, “AP: Disruptions in the Carmel Tunnels – Because of Hackers’ Attack,” Ha’aretz, October 27, 2013; https://www.haaretz.co.il/captain/net/1.2150513 [Hebrew]; Ahiya Raavad and Associated Press, “Carmel tunnels close because of hacker attack,” Ynet. October 27, 2013, https://www.ynet.co.il/articles/0,7340,L-4446249,00.html [Hebrew]. “Haifa Tunnel Paralyzed by Cyberattack, Expert Reveals,” Ha’aretz, October 27, 2013, https://www.haaretz.com/expert-haifa-tunnel- hit-by-cyberattack-1.5280642; “Experts: Cyberattack Shut Down Israeli Tunnel,” Ynet News, October 27, 2013, https://www.ynetnews.com/articles/0,7340,L-4446258,00.html. 21 Ynet, “Syrian Organization Mounted a Cyberattack on the Water System,” YNet, May 25, 2013, https:// www.ynet.co.il/articles/0,7340,L-4383924,00.html [Hebrew]. “Syrian Hackers Say Attack on Haifa facilities Was Successful,” Ynet News, June 9, 2013, https://www.ynetnews.com/articles/0,7340,L-4390084,00. html. 22 State Comptroller, “Audit Report on Municipal Authorities 2017” November 21, 2017, http://www. mevaker.gov.il/(X(1)S(ckekgop4frdnnkgarvasl4iz))/he/Reports/Pages/610.aspx [Hebrew]. 23 Ilan Lior, “State Comptroller: Sensitive Databases of Municipal Authorities Exposed to Cyberattacks,” Ha’aretz November 21, 2017, https://www.haaretz.co.il/news/politi/.premium-1.4619758 [Hebrew].

54 diagnosis to international IT security companies, so they can issue an update. It’s important to understand that this is a world that is constantly evolving, it’s essential to be able to identify your own weaknesses and be on the defensive. We made a major effort to register the databases with the Ministry of Justice, in accordance with the amended regulations on protecting confidentiality. Despite the major difficulty in implementing this, we accept the regulations with great love. However, it’s important to understand that municipalities cannot implement all of the regulations on the spot. Implementation must be done gradually.24 Conversely, Itzik Carmeli, CIO and Smart City Director of Rishon LeZion, describes a troubling situation in other cities: At the moment, none of the local authorities are being guided by a cyber-security team. This means that some authorities might not have any IT security mechanism or even an antivirus. There are no guidelines, no one receives instructions and nobody checks. As a representative of the CIOs in the Knesset, I explained to the cybersecurity team that the moment there’s a problem, penetration into one of the authorities, the problem will be national not municipal. Funds will be stolen and systems will be compromised. The city of Rishon LeZion is clearing NIS 1.5 billion, you need to understand that these are extremely heavy systems. The municipalities whose CIO does not have an adequate understanding of IT security does not have any security.25

What is the legal and organizational basis for municipal IT security? There is a legal obligation in many countries to protect the confidentiality of residents and other citizens who data is stored. Local authorities have multiple databases that serve as the foundation for their work in many fields, including but Municipalities have many not limited to matters of finance, education, welfare, planning and construction. databases, the smart city trend The smart city trend has led to a systemic increase in the amount of information has led to a systemic increase held by local authorities, and the number of databases that they operate. Harm in the amount and integration to the computerized systems and databases of municipal authorities could of data. Harm to the servers cause serious harm, including damage to services provided to residents and the and databases of municipal confidentiality of information26 about them. Therefore, municipalities have an authorities could cause serious obligation to protect their data. IT security is critical for ensuring the confidentiality harm, including damage to of residents and their personal safety, making it a condition for compliance with services and privacy. provisions of the Protection of Privacy Law and other laws. According to the State Comptroller Report: Because the databases contain personal details, and transmitting data about one person to another may violate their privacy, the information must be secured. The more a person might be harmed by revelation of the information to the public, the higher its level of sensitivity and the greater the level of security measures that must

24 Liora Schechter (CIO, City of Tel Aviv-Jaffa), November 1, 2016. 25 Itzik Carmeli (CIO and Smart City Director, City of Rishon LeZion), September 8, 2016. 26 For more information see Chapter 4, below.

55 be taken to protect it. The Protection of Privacy Act defines “data security” – as “protecting the integrity of data or protection of the data from being exposed, used or copied, without legal authorization.” The Act states, “the owner of a database, a holder of a database or a manager of a database, are each responsible for data security of the database.”27 The characteristics of cities with digital infrastructure exposes them to unique attacks, beyond the usual attack targeting information systems connected to the Internet, such as a tax and communication systems. Figure 2.2 shows the many weak points of a city in the digital era. The digital infrastructure of The digital infrastructure of a city is a major weak point, because of the vulnerability a city is a major weak point. of IoT components, older SCADA networks and wireless networks. The deployment The deployment of digital of digital infrastructure in the physical world allows for attacks that are potentially infrastructure in the physical more effective and more dangerous. Furthermore, the multiple interfaces that world allows for attacks that the city has with residents, employees, and partners expose the city to numerous are potentially more effective attacks. Any attack on a person who is part of an information system becomes and more dangerous. increasingly significant for information security. Therefore, the fact that digital systems connect with residents via smart phone apps, computers in schools and public areas as well as the computers intended for employee use greatly increase the potential vulnerability of the city. Moreover, integrated databases increase the risk of violating the resident’s confidentiality and making digital cities a more interesting target for attack.

Threats to digital infrastructure In order to understand the threats, it is necessary to examine the levels of technology in the city, and how each threat is expressed in relation to different levels. Threats can be directed at applications, databases, logical infrastructure, The most significant threats physical infrastructure and communication components.28 The most significant are those caused intentionally; threats are those caused intentionally; they include attacks, copying data, stealing they include attacks, copying information, changing information and unauthorized access. The following data, stealing information, paragraphs review the principal threats. changing information and • Sabotage – Disruption of municipal systems by damaging hardware, unauthorized access. software, or information systems that manage the infrastructure. The most vulnerable systems are those that are essential for life in the city. Energy, water, transportation, communications, finance and sewage systems are perhaps the most critical. When targeting these systems, the attacker’s goal is to seriously disrupt their functioning, or perhaps to operate them in a manner that causes irreparable damage. Because physical infrastructures in smart cities – for example, water, energy and transportation – are controlled by information systems, the result of an attack of this type are potentially quite serious.

27 State Comptroller, “Information Security and Protecting Privacy in Municipal Authorities,” (Expanded Monitoring – Annual Report no. 62, 2012), 207 [Hebrew]. 28 European Union Agency for Network and Information Security, “Cyber Security for Smart Cities – An Architecture Model for Public Transport,” 2015, https://www.enisa.europa.eu/publications/smart- cities-architecture-model/at_download/fullReport.

56 Threats in this category can be mounted by penetrating computers connected to the information systems used for infrastructure management, as happened when the electrical system in Kiev, Ukraine was attacked in late 2016.29 A more local example would be the accusation in the press that a Syrian paramilitary organization had attacked digital infrastructure in Haifa.30 Another attack method is a Distributed Denial of Service (DDoS), which is directed primarily at computers connected to the Internet. In a DDoS attack, routers and other elements of the system are overwhelmed by so many inquiries that the network crashes under the load or proactively halts the service. The motivation behind sabotage can be economic. For example, computers in The motivation behind the education department of the Hof Ashkelon Regional Council were attacked sabotage can be economic. by ransomware, and the municipality paid tens of thousands of dollars in order to be released.31 Here again, because the proper functioning of the municipal computer system is critical for schools and other functions, the systems are very vulnerable to threat. • Theft of information – Focused on unauthorized access to databases, files or technology. Information theft can have consequences for the privacy of residents and everyone about whom the city retains information (commuters, employees, visitors and tourists). Information can be stolen by cracking encrypted or non-encrypted communications, infiltrating computer networks, even by physical theft of computers. Cities today gather and maintain ever-growing databases. The information in these integrated databases cover many aspects of residents’ lives, including personally-identifiable information, education, welfare, transportation, religious affiliation and more; some of this information is sensitive. According to Barak Shahar, Head of Computer Systems for the Federation of Local Authorities in Israel: Local authorities have many databases, some of them contain sensitive personal information about citizens, and therefore it is no wonder that cyber attackers strive to break into these bases. As we progress in Municipalities have many the direction of a smart city, in Israel and internationally, the threats databases, some of them will only grow, both threats to information and to the computerized contain sensitive personal systems that control critical infrastructure that serves citizens and information about citizens, and allows ordinary life to continue in the urban space.32 therefore it is no wonder that Therefore, it is not surprising that municipal databases are the target of external cyber attackers strive to break and internal attacks. The external attacks are mounted by hackers, who attempt into these bases. to penetrate databases from outside of the computer system itself. • Unauthorized access – Databases are fertile ground that is attractive to external people who attempt to hack into the system, and insiders, like city employees, who use their access to databases for unauthorized purposes. For example, employees of various agencies like the National Insurance Institute, the Tax Authority and Bezeq (a telephone company) have been accused of stealing

29 Andy Greenberg, “‘Crash Override: The Malware that Took Down a Power Grid,” Wired, December 6, 2017. 30 Ynet, “Syrian Organization.” 31 Nikki Guttman, “Hof Ashkelon Regional Council Pays Ransom to Hackers,” Israel Hayom,” April 25, 2018, http://www.israelhayom.co.il/article/551377 [Hebrew]. 32 ITPortal, “Smart Cities under Attack,” December 32, 2017, https://tinyurl.com/w8lv4yl [Hebrew].

57 data from databases, and selling it to private investigators.33 Unauthorized access can include copying or changing information, such as deleting a ticket issued by a city inspector. • Malfunctions and accidents – Although the discussion of information security tends to focus on threats in which there is an attacker (internal or external), The most significant threats the most significant threats are in fact malfunctions and accidents. Hardware, are in fact malfunctions and software and systems that do not function properly, or a lack of coordination accidents. Hardware, software between systems or within a communications network can cause serious and systems that do not disturbances or cessation of critical services. Because the digital city includes function properly, or a lack of connections between software and critical urban infrastructure, malfunctions, coordination between systems bugs and accidents could potentially have severe consequences. Researchers or within a communications Dodge and Kitchin coined the phrase “code/space” to describe the physical network can cause serious spaces that are so closely connected to software that they cannot function disturbances. if the software is not functioning properly.34 If for example, the software that operates traffic lights ceases to function, traffic in the city will grind to a halt. Therefore, if systems are not constructed well enough, smart cities have potential to become “cities of bugs,” where there are frequent or repeated malfunctions.

Figure 2.2 Weak Points of the City

ם י דקפin the Digital Era Controllers SCADASCADA ם י פת partners ו שExternal םי י נ וציח ם י נשי י חSensors

ת ר ו שקתCommunications עד י מי basesר ג Dataאמ ת ר ו שקתCommunications בשחמInternalתותשר תו networks ימי נפcomputer ת ר ו Network שקת תותשרCommunications

IPIP

םע ם י Residents קשממInterface with ם י בש ו ת

33 Avi Cohen, “Senior Official in the National Insurance Institute and Tax Authority Traded in Information,” Ynet, September 6, 2006, https://www.ynet.co.il/articles/0,7340,L-3300295,00.html. 34 Kitchin, “The Real-Time City?”

58 (Photo: Nicolas Nova, Flickr) 59 To counter the threats faced by cities in the digital era include proper planning, IV construction and maintenance, as well as assimilating a culture of information Planning security at all levels of the city. There are many accepted practices in the world of IT security, and they should serve as the basis for protecting the digital city. Recommendations: The following paragraphs list recommendations focused on threats to the digital Technology city. The recommendations are organized with the standard technical solutions coming first, followed by more complex solutions that require organizational efforts, not only technological ones.

Ü Technological solutions • Encryption. Encrypting data converts it into a code that cannot be decrypted without a key. As a rule, there is no reason for any information retained by the city to be unencrypted, particularly when it is transmitted over communications lines, but also when it is stored in municipal databanks, by private companies and on employees’ computers. The solutions for the threats faced by cities in the digital • Using private networks. As a rule, the communications and operational era include proper planning, network of a city should be based on a private communications network that construction and maintenance, is separated from the Internet by either physical or virtual means. Using a as well as assimilating a Virtual Private Network (VPN) allows the creation of a non-physical system culture of information security where data can be encrypted and access limited, thereby separating the flow in all levels of the organization. of information from other networks. • Using security measures. Every communication system and network in the city must use security tools such as DDoS protection, network intrusion systems, malware detection systems, firewalls, etc. It is necessary to plan how these different tools integrate into each other, so as to provide full protection for the infrastructure and systems. • Protection of physical infrastructure. The city’s physical infrastructure must also be protected and care taken to ensure that elements installed in the field cannot be compromised, and that the computers and devices belonging to employees and operating companies are protected. • Comprehensive system inspection. It is necessary to assimilate work processes that require all of the systems installed in the city to be inspected regularly – during the design process, while they are being are being assimilated and on a regular basis thereafter. The inspections need to use the most sophisticated methods, including risk analyses, privacy-by-design, penetration testing, and bug bounties. • Limit the information gathered about users. Each additional piece of data gathered about residents or other users of the city’s system becomes a potential target for attack or theft. For this reason, collect only the minimum amount of data that is indeed essential for providing the service. • Access control and supervision. Make certain that all of the systems in the city are checked regularly by a designated person, in order to identify any exceptional activity or attempted activity by unauthorized parties.

60 • Backup and recovery. It is essential to ensure that all of the data gathered by the city, and all data used for decision-making is backed up in a manner that makes it possible to recover from disaster quickly.

Ü Organizational solutions • Organizational culture of IT security. It is critical to create an organizational culture guided by IT security that includes deep security built on many layers It is important to create an of security means for protecting sensitive components in the city. A culture organizational culture guided guided by IT security must begin before the city’s systems are designed, and by IT security that includes not added as an afterthought. Modern design for constructing cities with digital deep security built on many infrastructure considers IT security as a basic component of building the city. layers of security means for protecting sensitive • Construct IT security procedures and follow them strictly. Planning and writing a policy document for the protection of data and systems is essential, components in the city. as is ensuring that the procedures are implemented by organizations connected to the city. Standards of this type include ISO/IEC 27000,35 or the NIST Cyber Security Framework (NIST CSF).36 It must further be ascertained that all city employees, engineers and operators working with the digital infrastructure are properly trained in the procedures, and follow them carefully. In order to prevent zero-day attacks, it must also be ensured that all of the computers and components are up-to-date with the latest versions of their operating systems, and that all security patches have been installed. • Appoint an IT security officer and Data Officer. Make certain that every municipality and important project appoints certified, experienced people who are appropriate for the position of IT security officer. • Create a security culture among vendors and partners. Make certain that all vendors supplying software, devices and services to the city meet the required standards. This is particularly important for IoT devices, because they among the weakest links in the security of cities in the digital era. To complete the picture let us note, many countries are promoting legislation under Many countries are promoting which the authority and responsibility for managing cyber protection issues will legislation under which the be centralized on the national level, and managed by the agency. However, this authority and responsibility move is only in its initial stages, and there is no way to know how it will develop. for managing cyber protection issues will be centralized on the national level, and managed by the agency. However, this move is only in its initial stages

35 ISO – International Organization for Standardization, “ISO/IEC 27000 Family – Information Security Management Systems,” 2013, https://www.iso.org/isoiec-27001-information-security.html. 36 NIST – National Institute of Standards and Technology, “Cybersecurity Framework,” https://www.nist. gov/cyberframework.

Protecting Privacy 3 in the Digital City Michael Birnhack

(Photo: iStock) Protecting Privacy 3 in the Digital City Michael Birnhack

“When you start entering identity Privacy developed hand-in-hand with the process of urbanization numbers, telephone numbers and that took place in Western societies during the 19th century. As long vehicle registration plate numbers, there is an issue of privacy that you as people lived in small settlements – villages, towns and small cities, must protect, definitely. When you they had only limited privacy from their neighbors. Small communities work with a third-party company are characterized by a high level of familiarity and intensive flow of you need to make certain from the information between residents, so the ability of a person “to be let outset that they do not transfer the alone,” in the words of Samuel Warren and Louis Brandeis, was limited. information to anyone else, that they protect it properly.”1 The transition to large cities led to distancing and alienation between residents. In his writing, German sociologist Georg Simmel emphasized “We are simply living in an age where the mutual supervision that prevailed between citizens in small cities.3 there is no privacy, so it is necessary to understand that. From my perspective This change – from intimate acquaintance with almost all residents of a the issue of privacy is completely small town to urban alienation – may be lauded; Simmel stresses, “The over… Once we had an initial discussion reciprocal reserve and indifference and the intellectual life conditions about installing cameras in the city, of large circles are never felt more strongly by the individual in their and everyone said, ‘[that’s it] the era of privacy has ended, if a camera impact upon his independence than in the thickest crowd of the big photographs me as I walk down the city. This is because the bodily proximity and narrowness of space street.’ I said, ‘Correct, the era of makes the mental distance only the more visible.”4 In other words, privacy is over. I prefer, but this is also when people are not acquainted with each other, each individual is 2 the end of the village era.’” allowed greater freedom. Conversely, other writers emphasize that the anonymity of a large city causes alienation between people. For example, Israeli architect Ram Karmi contends, “The experience of the metropolis, which has only recently begun to control us, transmits the feeling of inordinate loneliness. From the anonymity it exudes and the sense of severe alienation emerge a new distancing in the reciprocal relationships between individuals and their environment, or between public and private spaces. This distancing simultaneously undermines the intimacy in the public domain and calm in the private domain.”5

3 Georg Simmel, “The Metropolis and Mental Life,” trans. H.H. Gerth, in Classic Essays on the Culture of 1 Itzik Yossi Ben Simon (CIO, City of Ashdod), Cities, ed. Richard Sennett 55 (Englewood Cliffs, NJ: Prentice Hall, 1969). September 25, 2016. 4 Simmel, ibid. 2 Assaf Zamir (Deputy Mayor, Tel Aviv-Jaffa), 5 Ram Karmi, “The Apartment Building – Where Are They Headed?” in Gated Communities 83 (Amnon August 7, 2016. Lehavi ed., 2010) [Hebrew].

64 The anonymity on one hand, and the alienation on the other that There is ongoing negotiation accompanied urbanization brought with them new governmental needs between city authorities and for supervision. It was no longer possible to rely on the village leader’s its residents about the limits of personal acquaintance with residents – of the authorities with citizens privacy. The city and the notion – or between authorities and people within the village to provide the of privacy have a relationship authorities with reliable information. The governmental bureaucracy of interdependence needed to adapt itself to the new situation.6 Thus, the creation of new and struggle. possibilities for privacy in the city caused a reaction: increased control, supervision and surveillance by the authorities, measures that reduced privacy. Thus, we see that there is an ongoing negotiation between the authorities and residents of a city regarding the limits of privacy. More generally, the relationship between cities and privacy is complex and dynamic – on one hand there is dependency, and on the other, struggle. Today, cities of the digital era represent a new chapter in this ongoing dialogue. The introduction of new technologies facilitates the collection of additional types of data that could not have been gathered previously, and the processing of data with other data sources within the city and elsewhere, processing data in order to identify general trends and create personal profiles of residents, and transfer of data about residents to other agencies, within the city administration or beyond – to market players or other governmental authorities.

6 Kevin D. Haggerty & Richard V. Ericson, “The New Politics of Surveillance and Visibility”, in The New Politics of Surveillance and Visibility, 3 (Kevin D. Haggerty & Richard V. Ericson eds., 2006).

65 This chapter examines the privacy issues that arise when our cities become “smart,” for the purpose of identifying the challenges and offering solutions. The first section briefly presents the general framework for the right to privacy, its meaning and scope, as well as the various levels on which it operates – in the relationship between the state and the citizen, between market players and consumers, and between citizens and each other. It presents the general legal framework for the right to privacy, and the ways in which that is now changing. The second section discusses the issue of privacy in cities in the digital era. The situations that arise in today’s cities highlight the integration – or collapse – of previously separate levels into each other, as information collected on residents can be transferred from governmental authorities to private organizations, in the city or elsewhere. This section presents the types of questions that arise, with concrete examples from several contexts including digital infrastructure, security or surveillance cameras, resident cards, wireless Internet networks, and more. The third section presents and analyzes findings from interviews held with officials in several Israeli municipalities, representatives of the national government and some private consultants. Finally, the fourth section offers a few recommendations for managing the privacy of residents in today’s cities.

66 New York, USA (Photo:Yuval Hidas) 67 Privacy is simultaneously a social norm and a legal right. But these aspects two I do not necessarily overlap; some acts may be legal but limited by social norms.7 Basic Concepts: Privacy For example, according to Israel law it is permissible to take a photograph of a person in a public place, and even to publish the photograph as long as it is unlikely and Confidentiality of to humiliate her or make her contemptable.8 However, many of us would feel Personal Data uncomfortable photographing another person at close range in a public place, and we would be even more uncomfortable to be the subject of photograph. The limitations on privacy are controversial. New technologies create novel ways to collect, process and use data. It is now easier, simpler and less expensive than ever before to photograph or record in any location. It is not difficult to collect the digital data that is created every day as an inseparable part of almost every action – movement through space, financial transactions, commerce, medicine, interpersonal communications, and more. Once created, there are people who wish not only to collect the data, but also to process it. Now that the technology Digital data can be collected has matured and there are less expensive means for gathering and processing easily, and this data is now data, the thirst of businesses, governments and individuals for data is enhanced. For corporations that sell to consumers, this data is the foundation for making created as an inseparable informed decisions that facilitate, for example, personalized or focused marketing, part of every action we better understanding of clients, and more effective management of the business take – movement through in general. Government authorities are interested in having data so they can space, financial transactions, function more efficiently; for example, by identifying duplication that leads to commerce, medicine, errors, fraud or wasted resources, or making it easier for citizens to interact with interpersonal communications the authority by concentrating data in one place and creating a simple, accurate and more. This is our digital and reliable interface, as well as improving systems related to ensuring the trail. Faced with technology public good, maintaining public order, protecting property and better managing that has matured and resources such as water, electricity and public transportation systems, etc. less expensive means for collecting and processing This section presents the right of privacy in broad strokes, from both the information, the need of international legal perspective and in the Israeli context, with a focus on those aspects relevant to digital cities. First, we discuss the scope of the right of privacy, businesses, governments and the relevant action levels, and the main points of its regulation. individuals for information is being emphasized. The Right to Privacy The first direct appearance of privacy as a legal right in the Western democratic world was the well-known article by Warren and Brandeis, published in 1890.9 The timing is not surprising. By the end of the 19th century, Western society had largely completed the process of secularization and modernization, which place the individual in the center, particularly from a liberal perspective; the industrial revolution had been assimilated, and with it came a significant increase in urbanization. New technologies such as photography, followed by communications The right to privacy emerged technology including the telephone, and new business practices, such as gossip as a legal right in the Western columns in newspapers, advertising agencies and the beginning of marketing as democratic world in the late a separate field followed. Following Warren and Brandeis, the idea of privacy as 19th century, and has been a legal right spread in the United States and from there to other legal systems. justified using a variety of theoretical foundations. 7 For the relationship between privacy as a legal right and privacy as social norm, see Michael Birnhack, Private Space: Privacy, Law & Technology (2010): 43 [Hebrew]. 8 See ss. 2(3) and 2(4) of the Privacy Protection Act, 1981 [Israel] (hereinafter, “Privacy Protection Act”). 9 Samuel Warren & Louis Brandeis, “The Right to Privacy,” Harvard Law Review 4, No. 5. (1890): 193 – 220.

68 The ascent of the right to privacy was accompanied by lively discussion – particularly in the last third of the 20th century – concerning the theoretical rationale for the right to privacy, asking why it is a protected right. There is no generally agreed upon position, rather a variety of approaches.10 One group of theories emphasizes the importance of privacy to the individual: the right of a person to make his or her own decisions, as a derivative of the concept of human autonomy and human dignity in the Kantian meaning of the concept; the right of a person to attempt controlling his or her image in the eyes of others – what Goffman calls “self-presentation;”11 and our psychological-human need to have a private space where we will not be bothered, and can be left alone, where we can experiment, reflect, and err without the need to be held accountable. This is a backstage, in Goffman’s terminology, or a space for developing intellectual privacy, to use the term coined by Neil Richards.12 Other rationales emphasize the importance of privacy for maintaining proper interpersonal relationships, including intimacy between people or a professional relationship, such as between a physician and a patient. Another group of rationales emphasizes the public aspects of privacy: it is important not only for its contribution to the development of personal identity and daily functioning of the individual, but also for the community itself.13 Privacy creates the value of mutual respect between members of a community, and allows them to live together despite the differences between them. A final group of rationales focuses on privacy as a social and political value in a democracy. In the relationship between citizens and the authorities, the authorities work on behalf of the citizens, and are a public trustee. In a relationship of this type, the state needs to function on citizens’ behalf, and not for any other interest. All of its actions must be justified by referral to the values it promotes for citizens. In this case, privacy is an additional means – together with other civil rights like freedom of expression, freedom to protest, etc. – for maintaining the balance of power in a democracy. Non-democratic regimes, such as the former USSR and East Germany in the recent past or China and North Korea today, are characterized by a lack of privacy. Privacy is relevant to many

Privacy is relevant to many contexts, with evident variations between different contexts. European law legal systems. European law (of both the Council of Europe and the European protects the privacy of 14 Union) protects the privacy of “private and family life, home and communications.” “private and family life, home In many countries, personal data is protected as are locations that are considered and communications.” private (primarily, but not exclusively, the home) and when using Information Communications Technologies (ICT). In the United States, where the right to privacy is not explicitly specified in the Constitution, there is also some protection of a person’s private decision-making; for example, the decision to use birth control or a woman’s decision to have an abortion, have been conceptualized as being subject to the right to privacy.

10 For a detailed discussion of the rationales for privacy, see Daniel Solove, Understanding Privacy (2008); Birnhack, Private Space, 110ff. 11 Erving Goffman, “The Presentation of Self in Everyday Life” (1959). 12 Neil Richards, Intellectual Privacy: Rethinking Civil Liberties in the Digital Age (2015). 13 See especially, Priscilla Regan, Legislating Privacy: Technology, Social Values and Public Policy (1995). 14 Charter of Fundamental Rights of the European Union, Art. 7 (2000/C 364/01).

69 Figure 3.1 םדאPerson Circles of Privacy Rationales

םי יע ו צקמו םי professional ישיא -&ן יב םיסחי Inter-personal relationships הל י הקCommunity

ה נ י דמState

The protection of personal The protection of personal data is a central category of privacy. In European law, data is currently the focal the right to have personal data protected is anchored in a separate constitutional point of legal, regulatory and section rather than simply being included in the general protection of privacy, research discourse regarding even though both rights originate in the same concept. Article 8 of the European the right to privacy. The US Charter of Fundamental Rights states: and Europe have different 1. Everyone has the right to the protection of personal data concerning him or her. approaches to the question, “What is personal data?” 2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. 3. Compliance with these rules shall be subject to control by an independent authority. The protection of personal The protection of personal data is currently the focal point of legal regulatory data is currently the focal and research discourse regarding the right to privacy. The first question asks, point of legal regulatory and “What is ‘personal data.’” There are two principal approaches to the subject, the research discourse regarding American and European. In the United States, certain types of data have been the right to privacy. defined as particularly sensitive because of their content, and accordingly they are the subject of specific regulations. Thus, there is federal legislation regarding genetic data, medical data and financial data, and also other more localized types of data, for example regarding television viewing by cable subscribers, or video rentals. US federal law also covers the privacy of children, age 13 and younger. These laws do not prohibit the collection of data but rather regulate its collection, processing, use, and transmission. The result is a legislative patchwork. Data that is not covered by one of these laws is not protected on the federal level. Each statute has additional thresholds for protection, as appropriate for the particular subject. Already at this stage we should note that data regarding a person’s presence in a public space, for example, is not protected in the United States. The European approach is different. The Europeans have chosen, in the spirit of the 1980 OECD Guidelines, to define “personal data” not on the basis of content, but by how it can be used to identify a person. The General Data Protection Regulation (GDPR) that took effect in May 2018 defines: “Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular

70 by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.15 The GDPR repeated the definition found in the EU Data protection Directive of 1995. Simply put, any data about a person that identifies him or her, or which could be used to identify the data subject, is considered personal data, and is covered by these regulations. This means that even trivial data can be protected, if it identifies the person. Here, too, the GDPR does not prohibit collecting and processing the data, but rather regulates what may be done with it. Informational privacy is now considered a fundamental human right in many countries, which have strong protections – on the books.

The Right to Privacy in Israel In Israel, privacy protection is anchored in the Basic Law: Human Dignity and In Israel, privacy protection Liberty and in specific laws, and has been developed by the courts which interpret is anchored in the Basic Law: the law and fill-in gaps. Human Dignity and Liberty Article 7 of the Basic Law: Human Dignity and Liberty states: and specific laws, and has been developed by courts that Privacy interpret the law and fill gaps. (a) All persons have the right to privacy and to intimacy. (b) There shall be no entry into the private premises of a person who has not consented thereto. (c) No search shall be conducted on the private premises of a person, nor in the body or personal effects. (d) There shall be no violation of the confidentiality of conversation, or of the writings or records of a person. The Privacy Protection Act lists a series of situations that The concept of “privacy” itself is not defined in the Basic Law or in any other violate privacy, for example, legislation; privacy is protected in areas that are considered “private premises,” spying on or trailing a person another concept that the law leaves undefined in both personal and ICT contexts. in any manner in order to Personal decisions are not generally protected under the Privacy Protection harass him or her, wiretapping, Act, but rather broadly under the Basic Law: Human Dignity and Liberty. The photographing in the private constitutional protection is not absolute, and is subject to the limitations clause domain, opening a letter, (Art. 8) of the Basic Law, “There shall be no violation of rights under this Basic Law except by a law befitting the values of the State of Israel, enacted for a breaching an obligation of proper purpose, and to an extent no greater than is required.” This means that confidentiality, and using right to privacy may be violated, but only if a specific law or regulation has been information for a purpose enacted, and there is a legitimate purpose. Even then, the violation of privacy other than that for which it must be proportional. Any violation of privacy that does not meet these criteria was collected. is forbidden.

15 General Data Protection Regulation, Art. 4(1). The term “natural person” is intended to distinguish between humans and corporations.

71 The Privacy Protection Act, 1981 (hereinafter, “Privacy Protection Act”) delineates the right to privacy in several contexts. One context is the relationship between one person and another, including between a corporation and a person, which are considered classical privacy situations. The Act lists a series of situations that violate privacy, for example, spying on or trailing a person in any manner in order to harass him or her, wiretapping, photographing in the private domain, opening or using a letter not addressed to the person, breaching an obligation of confidentiality established by contract or law, using information for a purpose other than that for which it was collected (“purpose limitation principle”), and more. The second context in which Israeli law protects relates to personal Israeli law is narrower data, parallel to European law. Israeli law is narrower than European law, but than European law, but the the principles are similar, as will be outlined below. In addition to the Privacy principles are similar. Protection Act, there are many other laws that relate to privacy, whether adding to the protection (for example, the Patient’s Rights Act), or detracting from it (for example, the Communications Data Act and the Biometric Database Act, as they are commonly known).16

16 See respectively, Patient’s Rights Act 1996; Criminal Procedure Act (Powers of Enforcement – Communications Traffic Data) 2007; Biometric Identification Methods and Biometric Identification Data in Identification Documents and Database Act, 2009.

72 Table 3.1: Legal Protection of Personal Data – Comparative Perspective

Type of Data European Law United States Law Israeli Law

Personal Data Concerns the person or allows him/ Personal data is protected based on Section 7 of the Privacy Protection her to be identified its content, federal legislation may Act “Data on the personality, intimate require additional conditions for affairs, state of health, economic applicability, such as identification of position, opinions and beliefs of the person. a person.”

Private Premises Protected on the constitutional level Protected in the constitutional context Protected by the Basic Law, as and as identifying data of law enforcement (4th Amendment) regards the State, and for individuals, and according to judicial interpretation in relevant situations such as the prohibition on spying, and photographing in private premises, a concept not defined by law, and interpreted by the courts

Communications Protected on the constitutional level Protected by specific legislation Protected by the Basic Law in and as identifying data general (Art. 7(D)) and by the Secret Monitoring Act; mail, including e-mail is covered by the Privacy Protection Act.

Decisions Conceptualized in other “Privacy of decisions” is a category Protected under other legal concepts, legal frameworks created by US courts namely human dignity

Table 3.2: Action Levels for Privacy and Legal Regulation

Constitutional Ordinary Legislation

Constitutional: Authorities are subject to the Basic Law, and may violate Ordinary legislation applies to the State (Section 24 of the State privacy only according to the limitations clause. Privacy Protection Act), both for traditional violations of vs. Individual To determine proportionality, courts may refer to Chapter privacy and for databases. B of Privacy Protection Act.

Private: No direct applicability of the Basic Law, but there may be Chapter B of the Privacy Protection Act (Regulation Corporation indirect applicability. of Databases) vs. Individual

Between No direct applicability of the Basic Law, but there may be Chapter A of the Privacy Protection Act (Classical Privacy) Individuals indirect applicability.

73 Action Levels The rationales for the right to privacy, its scope for various types of data, and its general legal framework have been discussed above. The discussion shows that privacy is protected in diverse contexts, in different ways depending on the players involved and the type of data. These distinctions are important for the current discussion, as they are intertwined in the digital city, making it somewhat difficult to formulate appropriate legal arrangements. The first level is constitutional. It applies directly to the State and various government authorities, including municipalities. A municipality is forbidden to harm the privacy of citizens, whether they are residents of the city or not. If, despite this, a municipality wishes to impinge on privacy, it must obtain explicit consent as required by law (meaning, a national law enacted by the Knesset, a municipal bylaw is insufficient) or regulation, act proportionally, and for a justifiable purpose. In order to determine what means are proportional, courts may refer to provisions of the Privacy Protection Act. Depending on the issue, the provisions regarding classical violations of privacy may also be applicable. For Privacy is protected in example, a municipality is forbidden to photograph people in private premises, different ways in different according to section 2(3) of the Act. If it wishes to photograph in the public contexts, according to the domain, it does not violate an explicit prohibition in the Privacy Protection Act, but players involved and the type it would be subject to the constitutional framework requiring that the action be of data. In a digital city, these proportional. To determine proportionally, a court might refer to the regulations are intertwined, which poses regarding databases. If a municipality wants to create a new database, it must something of an obstacle comply with several requirements, including, but not limited to, obligations to to developing a suitable give notice, provide subjects access to their information, maintain confidentiality, legal framework. and ensure data security. The second level is the protection of private data. This applies not only to municipalities but also to private organizations and individuals. If a municipality decides not to infringe on privacy, it need not comply with the constitutional framework, but it would still be required to meet the conditions for databases in the Privacy Protection Act, as discussed in the next section. If a corporation wishes to collect information about citizens, usually in their role as consumers, it may do so, but only within the framework established by the database regulations. A private corporation is not directly subject to the Basic Law and does not require legal authorization or to act proportionally, but the database regulations create a similar outcome. The third level is interpersonal. The legal provisions relating to classical privacy situations are applicable on this level: when one person reveals another person’s personal data to a third party without permission, publishes personal data about him or her, or acts similarly, it is a violation of privacy. It should be stated from the outset that all types of privacy and all of the action levels noted here apply to cities with digital infrastructure.

Regulatory Components The regulations protecting personal data under Israeli law allow collecting and processing data, but subject them to a variety of standards. One of the threshold requirements considered here relates to applicability, the situations in which the law applies. The United States applies a content-based test, while the European

74 Union is concerned with the ability to identify the data subject. Israeli law contains some of both aspects, and the currently prevailing position holds that the law applies when the person can be identified, in the spirit of European law. Other regulations determine how data may be used. Note again the wording of the European Union’s law, “Such data must be processed fairly for specified purposes Processing personal data must and on the basis of the consent of the person concerned or some other legitimate be done fairly, for specified basis laid down by law. Everyone has the right of access to data which has been purposes and on the basis collected concerning him or her, and the right to have it rectified.” of the consent of the person This approach reflects the principles for handling personal data, known as Fair concerned or some other Information Practices (FIPs), that began appearing in the legal systems of various legitimate basis laid down by countries in the early 1970s, and are incorporated into Israeli law. These practices law. Everyone has the right have global reverberations, primarily due to European law, which set the principle of access to data which has that its law should follow its subjects’ data.17 Accordingly, countries who wish to been collected concerning him allow local businesses to process data regarding European citizens have adopted or her, and the right to have it the spirit of European law. Israel is one of these countries.18 rectified. There are variations in the implementation of these principles, but a general outline can be drawn. Briefly, the law requires monitoring all stages in the life Fair Information Practices cycle of the data, and creating possibilities for the person about whom the data are the accepted principles has been collected – known in European legal jargon as the “data subject” – to that have been developed by control his or her personal data, whether directly or through public enforcement. various legal systems around This is the overarching principle of FIPs. the world, in order to regulate Data may only be collected for a legitimate purpose; it must be collected with the rights of data subjects informed consent, and there are some limitations on the collection methods. and the obligations of data Consent may be obtained only after appropriately informing the data subject processors, throughout the regarding the uses to be made of the information, if it will be transmitted further lifecycle of the data. and to whom. The Israeli Privacy Protection Act does not explicitly require that the purpose of the collection be legitimate; however, if the party collecting the data is a public authority, this requirement stems from the Basic Law: Human Dignity and Liberty, and subsequent administrative law. Once the data is collected, the law sets restrictions on its use. An important principle is that of purpose limitation, Purpose limitation is a by which data collected for one purpose may not be used for any other purpose. fundamental principle that This principle is especially important in view of the widespread phenomenon of requires that data be collected “function creep,” which refers to a situation in which information that was initially for a single reason, and forbids collected for a suitable purpose, and the party that holds the data later realizes its use for other purposes. that it can be used for other purposes. The law prohibits this. If desired, the party holding the data may contact data subjects again, and request their consent to use the data for another purpose. Additional obligations are imposed on data holders during information processing. The duty of confidentiality requires them to prevent any (deliberate or negligent) leakage from the organization, and they are obligated to maintain information security, that is, to prevent hostile entities

17 According to Graham Greenleaf, as of 2019 at least 132 countries had adopted personal data protection laws similar to European law. See: Graham Greenleaf, “Global Data Privacy Laws 2019: 132 National Laws & Many Bills”, Privacy Laws & Business International Report, 14 (2019); 157, available at https:// papers.ssrn.com/sol3/papers.cfm?abstract_id=3381593. This phenomenon was conceptualized as “soft legal globalization” in Michael Birnhack, “The EU Data Protection Directive: An Engine of a Global Regime,” 24(6) Computer Law & Security Review 508 (2008). 18 In 2011, the European Union recognized Israel as having an “adequate” data protection regime. See EU Commission Decision of January 31, 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data, OJ L. 27/39 (2011).

75 from entering the database. In Israel, there is a requirement to register databases, but it is considered a major failure, and its abolishment has often been suggested. Furthermore, data subjects have the right to access their data, and demand that it be corrected if necessary. The law further states that breach of these obligations by the data holder establishes the right of the data subject to file a legal suit against it, and defines the violation as a criminal offense. There is also a governmental enforcement agency, known in Israel as the Privacy Protection Authority (formerly known as the Israeli Law and Information Technologies Agency – ILITA), which operates under the Ministry of Justice. Together, these form the basic toolbox for protecting personal data. The toolbox is currently being updated with an improved and modernized version of the FIPs. The main legal anchor for these is the European GDPR, which reestablishes and reinforces previously existing principles. For example, GDPR raises the threshold for the consent required from data subjects; no longer is an opt out version in which consent is the assumed default rule; rather informed, opt-in consent of Free, informed consent of data subjects is required. Lacking this consent, no personal data may be collected. the data subject is required. The GDPR grants the data subject the right to withdraw his or her consent, and Without it, personal data may establishes other rules that strengthen the existing framework. There are also not be collected, unless there innovative components, most conspicuously the “right to be forgotten,” which are other legitimate basis. allows the data subject to demand that all information regarding him or her be deleted in certain circumstances, and imposes a new obligation on database administrators, requiring that they report any information that has been leaked to the appropriate authority or the public, as appropriate.19 It should be noted this obligation to inform the authorities of data that leaked was also adopted in Israel, as part of data security regulations enacted in 2017, which took effect in 2018.20 The key innovation in the However, the key innovation in the updated toolbox is the addition of the non-legal second generation of FIPs is tools, both administrative and technological, that now have now been granted a the addition of the non-legal legal anchor. The GDPR requires conducting a Privacy (or Data Protection) Impact tools, both organizational Assessment (PIA, DPIA) prior to the introduction of a new technological system and technological, that now handling personal data, the appointment of a Data Protection Officer (DPO),21 as have now been granted a well as using a Data Protection by Design (DPbD, or simply Privacy by Design) legal anchor. process in an attempt to assimilate values of privacy directly into the technological system. Each of these new measures remains somewhat vague, but their spirit is clear: protection of privacy will be achieved, according to the approach of European law, not only by determining rights and obligations, but also through efforts to incorporate privacy protection in the systems themselves – among According to the current the people working on the projects – ab initio, not post facto. It is expected that approach, privacy GDPR will lead to a second round of privacy legislation around the world, in those protection will be achieved countries that wish to comply with European standard. by incorporating privacy Israeli law is consistent with the first generation of FIPs, and has some protection in the systems elements from the second generation, but Israel at present fails to meet the themselves, ab initio not full list of requirements. For example, Israel does not recognize a right to be post facto. 19 This obligation originated in US law. From there it crossed the ocean and was absorbed into the European GDPR. 20 Privacy Protection Regulations (Data Security) 2017. 21 In this respect, European law followed practices that developed in the United States, in a bottom-up manner, rather than mandated by legislation. See Kenneth A. Bamberger & Deirdre K. Mulligan, Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (2015).

76 forgotten. Furthermore, Israeli law does not mandate conducting a Privacy Impact Assessment, appointing a DPO,22 nor using PbD. Per the GDPR, the EU is currently re-examining Israel’s status. This discussion suggests that there is much to be done. Privacy is not a trivial matter. The legal changes attest that the issues are alive and well; legislators The legal system is yet to have not given up on privacy, rather they are attempting to bolster it. At the acknowledge that every piece time of this writing, the US Congress is also considering changes to legislation, of data, no matter how trivial in response to the Cambridge Analytica/Facebook affair. This discussion further or simple it seems on its own, highlights that privacy is not just a matter of keeping data confidential, and is deserving of protection in involves more than individual privacy. The legal system is yet to acknowledge that any instance when the person every piece of information, no matter how trivial or simple it seems on its own, is can be identified from the data deserving of protection in any instance when the person can be identified from itself or in combination with the information itself or in combination with other information. Moreover, we other data. see that privacy protection is not limited to data security, but rather extends to many important meeting points between the data subject and the data collector, throughout the lifecycle of the data.

22 Israeli law includes an obligation to appoint a data security officer (see section 17b of the Privacy Protection Act. However, this is a narrow position limited to the technological aspects of data security.

77 Table 3.3: Principles for Protecting Personal Data

Life Cycle of FIPs 1.0 FIPs 2.0 Israeli Law Personal Data Expressed in the 1980 Expressed in GDPR OECD Guidelines

Collection Legitimate purpose Legitimate purpose Legitimate purpose – required Obligation to inform Obligation to inform of public agencies and private Requires consent Requires consent employers; not required of Additional reinforcement of the private corporations; requirement for informed consent, Obligation to inform (section 11 possibility to withdraw consent of the Act) – if there is a legal requirement to provide information, use to be made of the data, and if it will be transmitted to another; Requires informed consent (section 3 of the Act); Legal dispute being adjudicated in courts regarding the right to withdraw consent

Data Processing Principle of minimalism – Principle of minimalism – Principle of minimalism – permitted permitted to collect and process permitted to collect and process to collect and process only the data only the data for which consent only the data for which consent for which consent was given. was given. was given. Principle of limited purpose – other Principle of limited purpose – other Principle of limited purpose – other uses of the data are forbidden uses of the data are forbidden uses of the data are forbidden

Transferring Data Only with consent, only for the Only with consent, only for the Only with consent, only for the to Third Parties initial suitable purpose initial suitable purpose initial suitable purpose

Duties of Anchored in law Anchored in law Anchored in law and regulations Confidentiality, and Data Security

Enforcement Anchored in law Anchored in law Sections 1, 13, 14 of the Privacy Protection Act, with exceptions for security authorities

Registration No obligation No obligation The obligation exists but it is rarely of Databases implemented and not enforced

Right to Civil violation; enforced by the Broadly determined by GDPR Does not exist be Forgotten Privacy Protection Authority

Obligation to None Obligatory Anchored in the Data Security Notify about Regulations – according to a Leaked Information relevant risk analysis

Conduct a Privacy None Obligatory None Protection Survey

Appoint an None Obligatory Data Security Officer only Organizational DPO

PbD None Obligatory None

78 (Photo: iStock) 79 This section strives to apply the general framework described in the previous II section to cities in general (in the first subsection) and specifically to cities with Privacy in the City digital infrastructures (in the second subsection); it points out the inherent risks (the third subsection), and the appropriate legal framework (in the fourth in the Digital Era subsection).

1. Collecting Data by Municipalities Data collection, processing and use combine to form the infrastructures of a so- called “smart city.” Whereas the foundation of a physical city is physical objects such as buildings, plumbing, roads and transportation systems, the foundation of a digital city is data. This is compounded by the development of technology, including the Internet of Things (IoT), and the ability to process Big Data.23 Together they yield a new urban condition that changes the relationship and balance of power between the municipality and its residents. When the data does not relate to people, no privacy issues arise. For example, The infrastructure of urban if the city of Haifa were to count the number of wild boars in the city, it would digital infrastructure is data. not be a privacy issue. If a city were to regulate the air pollutants emitted by Added to the Internet of vehicles without collecting data about the drivers, it would not involve personal Things (IoT) and the ability data. Furthermore, when the data is collected anonymously from the outset, to process Big Data, it yields such that it is impossible to identify the data subject from within the data a new urban condition that itself, it is not considered personal data. Thus, if the city of Tel Aviv were to changes the relationship and know how many people enter the city during particular hours of the days, but balance of power between the not collect any data that identifies them, the Privacy Protection Act would not municipality and its residents. apply. However, when identifying personal data is collected, the Act does apply. The legal framework described above is more complex: it is necessary to clarify who collected the data, what kind of data was collected, for what purpose and to whom it is being transmitted. Some sample scenarios: • Sometimes the actions of municipality can harm privacy in the classical sense. For example, photographing private premises is forbidden according to the Privacy Protection Act. The concept “private premises” is not defined by law, but it is not limited only to private homes. Thus, for example, it is forbidden to install a camera a public park in a place where its field of vision covers an adjacent private home. In order for an action to be allowed it must be examined according to the limitation section of the Basic Law: Human Dignity and Liberty. • When a city collects data by itself, and processes it in order to provide ordinary municipal services, it is subject to both the constitutional framework and regulations concerning databases (Chapter B of the Privacy Protection Act). Thus databases concerning children in the local school system, people who pay property tax or those who receive services from the local welfare department, etc. all fit the definitions in the Privacy Protection Act. The city is permitted to establish these databases, but it must indicate the source of legal authorization, which is usually found in the Municipalities Ordinance, which includes a long list of areas in which a municipality has authority, including the authority to

23 For a discussion of these factors, see Lilian Edwards, “Privacy, Security and Data Protection in Smart Cities: A Critical EU Law Perspective,” 2(1) European Data Protection Law Review 28 (2016).

80 enact municipal bylaws that describe their implementation.24 If the law does not include the desired activity – meaning the conditions of the limitations clause are not met – personal data may not be collected. Because municipalities are public agencies, a legislative anchor is necessary but not sufficient. There must also be a legitimate purpose. The question of what constitutes a legitimate purpose has, on occasion, been considered by the courts. Even if there is adequate source of authority, the act must also be proportional. When examining proportionality, it is possible to refer to the database regulations (Chapter B All services and systems based of the Privacy Protection Act), to which a municipality is subject in any case. on gathering data in the digital The database must also be registered with the Registrar of Databases. It is city raise privacy issues. necessary to inform residents that data is being collected and receive their consent. Lacking consent, collecting data is a violation of privacy, leaving only the constitutional channel open. The data must be protected from being leaked or exposed either internally or externally, and subjects must be allowed to access and correct the data. • When a city wishes to transfer data it has collected to third parties, it must also specify the source of its authority to do so, provide appropriate notification, etc. Data concerning residents must not be used as a source of income for the city, or traded for no justifiable reason. • When a city wishes to process data held in its own databases, it must also identify the source of authorization for the intended use of the data, and honor the principle of purpose limitation. Thus, for example, data collected on children in the local educational system may not be used to market products that the city, or a commercial enterprise on its behalf, are selling because it is doubtful if any legal source authorizes this additional use of the data, or that commercial marketing is a suitable purpose for a public agency. • When a corporation collects data on behalf of the city, for its residents, or for its own commercial purposes, whether it is offering a particular service (e.g., the taxi dispatching company Gett), one that relies on publicly available information (e.g., Moovit which uses bus schedules) or any other service that involves collecting data, the corporation is subject to the database regulations in Chapter B of the Privacy Protection Act: data may be collected only after sufficient notice is given to the data subjects, receiving their consent and complying with the principles of limited purpose, confidentiality, data security, and providing rights to access and correct data. It is important to note, the municipality cannot bypass its administrative obligations by privatizing or The city cannot bypass its transferring a service to a private organization. In this case, not only is the administrative obligations private organization providing a service on behalf of the city considered the by privatizing or transferring long arm of the city and subject to administrative and constitutional law, but a service to a private the city also remains subject to its obligations. organization. 2. Data in the Digital City The concept of a Smart City is quite general, and many representatives of Israeli municipalities who we interviewed admitted that the concept is vague, often lacks content, and used primarily for public relations. That said, we can identify several types of activities that are commonly included under this heading. Some

24 Municipalities Ordinance (New Version), Section 249.

81 of them are directly regulated by primary legislation, and some are anchored in the Municipalities Ordinance, but the source of cities’ authority for others remains unclear. In the following paragraphs we briefly consider some of the main services discussed in the interviews: garbage sensors, smart grid (e.g., systems that collect data on water usage), pooling municipal databases, private applications that become part of daily life in the city, Wi-Fi networks, resident cards, and Closed Circuit TV (CCTV), namely security or surveillance cameras located in the public domain.25 This is not a comprehensive list, and cities in other countries use Additional systems will additional systems, initiated by both municipalities and residents.26 Additional certainly be introduced in the systems will certainly be introduced in the future – including perhaps biometric future – including perhaps systems that function in conjunction with surveillance cameras or other devices,27 biometric systems that surveillance drones and/or automatic cars – that will again change the nature function in conjunction with of urban life.28 Although each system raises its own challenges, the discussion surveillance cameras or other here is intended to provide a general framework for examining those aspects devices, surveillance drones of privacy aspects that are likely to be relevant. and/or automatic cars – that • Garbage sensors. This first case is an especially good example of the need to will again change the nature of seek legal clarification. Some municipalities use electronic means to measure urban life. the volume of trash and garbage containers.29 The data these sensors supply can help the city better plan garbage collection routes and frequency. The advantage is clear: better, more efficient and less expensive service. The data concerns garbage containers, not people. The weight and volume of the garbage container located in a commercial area frequented by many people does not provide any data about individuals. However, in a neighborhood of private homes in which each has its own garbage container, the weight and volume of the trash is identified with a particular address. Because the identity of the property’s owners is a matter of public record (listed in the Lands Registry), the identity of the occupants (even if they are tenants, not the owners) is known to the city (from property tax records), including whether or not some of them are children (from school registration records), means that the data subject is identifiable. This data might give an indication of who spends many hours at

25 Each of these services raises additional social and legal issues, that we will not discuss here. For example, if the local authority provides Wi-Fi service for residents, questions regarding freedom of expression may arise: may a municipality limits speech on its network? For discussion of this issue, see: Enrique Armflo, “Government-Provided Internet Access: Terms of Service as Speech Rules,” Fordham Urban Law Journal 41 (March 2016): 1500 – 1524 and Timothy Zick, “Clouds, Cameras, and Computers: The First Amendment and Networked Public Places,” Florida Law Review 59 (2007): 06 – 0062. Commercial Issues arose when municipalities in the United States offered free Wi-Fi and other Internet suppliers objected. For discussion of this issue, see: Adam Christensen, “‘Wi-Fi’ght Them When You Can Join Them? How the Philadelphia Compromise May Have Saved Municipally-Owned Telecommunications Services,” Federal Communications Law Journal 58 (2006): 683 – 704. 26 See, for example, the neighborhood information systems used in some places the US, which collect non-identifying, statistical data about events in the neighborhood such as birth, crime or students’ achievements: Steven J. Balla, “Municipal Environments, Nonprofit Entrepreneurs, and the Development of Neighborhood Information Systems,” I/S Journal of Law and Policy for the Information Society 5, no. 1 (2008): 117 – 140. 27 An American scholar argues that using biometric identification in the public domain falls into the category of illegal “search,” according to the 4th Amendment to the US Constitution. See Marc Jonathan Blitz, “The Dangers of Fighting Terrorism with Technocommunitarianism: Constitutional Protections of Free Expression, Exploration, and Unmonitored Activity in Urban Spaces,” Fordham Urban Law Journal 32 (2004): 667 – 721. 28 For a preliminary discussion of privacy aspects of automatic cars, see Dorothy L. Glancy, “Sharing the Road: Smart Transportation Infrastructure,” Fordham Urban Law Journal 41 (2013): 1617 – 1664. 29 For example, they are used in Herzliya, Eilat, Be’er Sheva, Jerusalem, and other cities are considering them.

82 home and who does not, when they are present and when they are not, etc. This data would interest various salespeople as well as thieves, insurance companies, and the city itself because it is an indication of how the asset is being used, knowledge that could potentially affect property tax rates. Thus a seemingly innocent database might be covered by the legal framework. • Smart Grid infrastructure converts unidirectional supply systems for electricity, water, gas, etc. into bidirectional digital systems.30 Today, when we open a water faucet the meter installed in our home or apartment building measures the amount consumed, and this data is used for calculating payment to the water utility. The data is not detailed. By comparing it with data from other meters it is possible to learn who uses more water than the average. When no water is used for an extended time, it becomes apparent that residence is unoccupied.31 With a smart system, every time a water faucet is opened, the data is recorded in real time. The system makes it possible to know not only how much water is being used but when. By cross-referencing it with general statistics, it would be possible to deduce if the resident flushed the toilet, took a shower, turned on the dishwasher, or filled a teakettle. Data of this type, which more precisely reflects people’s lifestyle would certainly be useful for a variety of commercial purposes. Is the municipal water company permitted to gather this data and sell it, for example to a company that sells water-saving products? The data was created as a byproduct of providing a service, and as we saw above, any use of the data for purpose other than supplying the service itself requires authorizing legislation. Calculating a bill Any use of data that is not for or identifying a water leak are within the parameters of providing the service; the purpose of providing the selling the data to a third-party is not part of the basic service. To collect service itself must be anchored data for this purpose, a water company cannot rely on the existing, general in authorizing legislation. authorization, and must act according to the provisions of Chapter B of the Selling data to a third party is Privacy Protection Act: it must inform customers of its ability to collect the not part of the basic service. data, request their informed consent, store the data and not use it for additional purposes, as explained above. Clearly it is forbidden to make supplying water conditional on agreement to other uses, because this would make it doubtful that the consent was freely given. • Database pooling. Municipalities have always had a variety of databases regarding residents of the city, formerly on paper and now in electronic-digital formats. Is it permissible for the municipality to mix the data it possesses? For example, may it compare school registration records to requests for city parking permits? The municipality might be interested in processing data like this in order to discern residents’ behavior patterns, in order to improve services and for other uses. The municipality has separate authorization for each database, and as long as the cross-check is part of further data processing intended to improve the services, it would seem that there is nothing to prevent the databases from being pooled. The new uses fit within the original purpose. However, pooling the databases for new purpose would require obtaining new authorization for that particular purpose, proving that it is a suitable

30 For discussion of regulatory issues related to systems of this type, see: Kevin B. Jones et al., “The Urban Microgrid: Smart Legal and Regulatory Policies to Support Electric Grid Resiliency and Climate Mitigation,” Fordham Urban Law Journal 41 (2014): 1695 – 1759. 31 This example was mentioned in interviews, for example with Dror Margalit (Deputy of Technologies, Digital Israel National Initiative, Ministry of Social Equality), December 1, 2016.

83 purpose, and then collecting only the minimum amount of data necessary to achieve that purpose. • Wi-Fi networks, transportation services. There are new services that a municipality can provide in the digital era, such as a Wi-Fi network, bicycle or automobile sharing (e.g., Tel Aviv’s Tel-O-Fun and AutoTel bicycle and car sharing systems, respectively). Each requires individual analysis: what type of data is being collected? Is the data identifying? For example, when the city provides Wi-Fi access to the Internet, does it collect data about the users? If users are required to register in a way that identifies them or if other identifying data is collected, the Privacy Protection Act would be applicable and the municipality must then select one of two legal channels. It could either point to a legal source for its authority, and act according to the constitutional outline, alternately it could follow Chapter B of the Privacy Protection Act. In that case it would be required to inform customers and request their consent, comply with the principles of limited purpose and the obligations to maintain confidentiality and data security, as well as allowing customers to access and correct their data, and registering the database with the Database Registrar. This applies to the bicycle and car sharing services in Tel Aviv but not necessarily to Wi-Fi services. • Resident cards are another important case. The leading example in Israel is the DigiTel card issued by Tel Aviv-Jaffa. Because the Municipalities Ordinance does not include any specific authority for issuing identity cards, the city’s only option is to act in accordance with Chapter B of the Privacy Protection Act: informing residents about the data collection, request their informed consent, and so on. According to the rules concerning the service, the card’s purpose is “to promote the welfare of city residents, improve services and strengthen the connection between the city and residents” (Section 2).32 The card provides a series of benefits (Section s 16-20). When joining the system, residents are required to identify themselves (Section s 6-10), meaning the Privacy Protection Act applies in its entirety. The municipality characterizes residents in a variety of ways.33 It is evident that the people who formulated the regulations were aware of the Privacy Protection Act, which is indeed mentioned explicitly, and people joining the service are informed that they have no legal obligation to provide the information, that the data will be used “for the benefit of DigiTel and for its purposes, including those provided by third parties, on the condition that the member cannot be identified by the third-party” (Section 21.2). The rules make clear that the data will because cross-checked against the Population Registry database (Section 21.3), and that it will be processed and analyzed (Section 21.4). The database is registered required by law (Section 22.1 gives the registration number of the database with the registrar). That said, the municipality of Tel Aviv-Jaffa reserves for itself the right to change the regulations (Section 26), and attempts to appropriate for itself the exclusive prerogative to interpret them (“the Municipality of Tel Aviv-Jaffa is the sole authority for interpreting the

32 For the DigiTel rules, see the website of Tel Aviv-Jaffa Municipality at https://www.tel-aviv.gov.il/Residents/ Digitel/Pages/Terms.aspx [Hebrew]. 33 This emerges from section 17 of the rules: “the city and/or DigiTel reserve the right to grant some of the benefits to some of the members, in accordance with relevant characteristics of members as determined by the city and/or DigiTel.

84 provisions of these regulations,” Section 27). At first glance it seems that DigiTel At first glance it seems that and the municipality of Tel Aviv-Jaffa are acting in accordance with the law, but DigiTel and the municipality it is important to note the places where the rules are vague: of Tel Aviv-Jaffa are up acting The purpose is phrased very generally; may the municipality use the data for in accordance with the law, collecting debts? The possibility of changing the regulations unilaterally is seriously but it is important to note the detrimental to consent, and if a change of this type affects how data is used, it is places where the regulation s doubtful that it could be used to authorize deviation from the original purpose. are vague. The provision regarding interpretation is exceptional, and is intended to allow the municipality to make its own rules, and it is doubtful that it has any legal validity. However, it may have a deterrent effect on residents who are considering filing suit. • Municipal cameras. In recent years, many municipalities have installed cameras in the public sphere. The declared purpose is generally security, preventing crime and terrorism. Some municipalities installed cameras as part of the City without Violence project of the Ministry of Public Security, which includes also includes reducing antisocial behavior and increasing residents’ feeling of security in the cameras’ purposes.34 The arena monitored by the cameras include but are not limited to schools, public parks, beaches and bus stops. Each of these areas has its unique characteristics, and the introduction of surveillance equipment changes the relative power relationships in the arena.35 As a matter of principle, we can ask if a person has any privacy in the public domain. The literature answers positively.36 For EU law in particular it is not of interest The role of the municipality is whether the person is located in a public or private place, but rather if he or she to act on behalf of the public can be identified. Indeed, when a person is in the public domain other people do and residents, and not to spy see him or her, yet the electronic gaze is different; it remembers data about the on them. person’s location, it is more precise, and is not influenced by social norms and interpersonal behavior. Thus, patients in a doctor’s waiting room, participants in therapeutic groups (e.g., Alcoholics Anonymous or treatment for psychological disorders) or visiting LGBT venues do not hurry to share information about the people they meet there with others. This is not the case with technology- based surveillance.37 The legal anchor that currently authorizes the installation and use of cameras is found in the Municipalities Ordinance .38 The purpose needs to be legitimate. For example, if a city were to state that the cameras’ purpose is to educate the public not to walk on the grass in the park, it would need to convince the court that this is a legitimate purpose that is anchored in the Municipalities Ordinance , and which

34 See the project’s website, particularly the section on enforcement: https://www.gov.il/he/Departments/ topics/city_without_violence [Hebrew]. 35 Regarding, as an example, the pedagogic changes in Israeli schools following the introduction of cameras in instructional spaces: Lotem Perry-Hazan & Michael Birnhack, “The Hidden Human Rights Curriculum of Surveillance Cameras in Schools: Due Process, Privacy, and Trust,” Cambridge Journal of Education 48, no. 1 (2018): 47 – 64. 36 For a discussion, see: Edwards “Privacy, Security and Data Protection” above. 37 This issues related to a larger question, of the distinction between the private and the public. For discussion, see: Helen Nissenbaum, “Toward an Approach to Privacy in Public: Challenges of Information Technology,” Ethics & Behavior 7, no. 3 (1997): 207 – 219. 38 Section 249 (29) of the Municipalities Ordinance (New Version) grants authority “to generally take any steps necessary to protect the municipality’s area and the public health and security within it.” Section 249(33) grants authority “to arrange matters of guarding, security and public order within its boundaries according to the subjects, conditions and restrictions established by [the Minister of the Interior] and the Minister of Public Security as one, under the jurisdiction of the Minister of Justice.”

85 justifies the impingement of privacy. The means need to be proportional. In 2012, the Register of Databases (who was also Head of the Israeli Law, Information and Technology Authority, as it was known at the time) issued guidelines regarding “the use of security and surveillance cameras, and databases of the photographs they record.”39 These guidelines make it clear that the use of cameras must be tested against the constitutional limitations clause, and that prior to the decision to install cameras “it is necessary to conduct a comprehensive study of the consequences of using the cameras for the public’s rights, especially the right to privacy.” It further establishes detailed guidelines regarding, for example, the location of the cameras and the angle they photograph, the number of cameras, times when they are used, resolution and quality of the pictures, the obligation to inform the public, duration for which the pictures may be saved and more. The rules reflect the position of the Registrar regarding the law, and guides him in their implementation. In special cases, it may be possible to find specific legal anchors; for example, the authority to install cameras in public transportation lanes.40 The appropriate regulations include details that reflect the principles of data protection and the other constitutional principles. Thus, for example, installing a fixed camera requires approval of the city council plenum; the regulations instruct that, to the extent possible, a camera must be installed so that its angle of vision covers only the area necessary to document the violation, and that the minimum number of cameras be installed. The regulations impose obligations to inform the public, store the database separately from any other database, maintain confidentiality, protect data security, and more.

3. The Risks in Using Data The harm to privacy in Seemingly the purposes for processing personal data mentioned above are cities is increasing, because important and suitable. Indeed, cameras can prevent crime and help catch residents do not have any real criminals; they can lower the costs of services and offer new services – that’s alternatives. They cannot avoid good. However, there is a concern about impinging on privacy on several levels. being in the public sphere or First, on a normative level, the role of the municipality is to act on behalf of the using transportation systems. public and residents, and not to spy on them. To the extent that data is collected, it is harmful to citizens’ privacy. This is the meaning of Big Brother, even if the initial intensions are innocent. There is fear of a chilling effect, namely that people will avoid legal, legitimate activities only because of the authorities’ watchful eye – whether they are at a beach party, an individual or couple that wishes to be alone or someone who wants to adopt unusual lifestyle and now may be asked to explain himself because he has been marked as exceptional. Civil rights limit the authorities, and they do not have permission to do whatever they please, even if they have good intentions. As Kelsey Finch and Omer Tene emphasize, the harm to privacy in cities is increasing, because residents do not have any real alternatives.41 Residents cannot avoid being in the public domain or using

39 See the Ministry of Justice, Guidelines of the Database Registrar, No. 4/2012 “Use of the Security and Surveillance Cameras, and Databases of Pictures They Record” (October 21, 2012). http://www.justice. gov.il/Units/ilita/subjects/HaganatHapratiyut/MeidaMerasham/Hanchayot/42013.pdf. 40 See the Transportation Regulations (Operation of Cameras by a Local Authority to Document Unlawful Use of Public Transportation Lanes), 2016. 41 Kelsey Finch & Omer Tene, “Welcome to the Metropticon: Protecting Privacy in a Hyperconnected Town,” Fordham Urban Law Journal 41 (2014): 1581 – 1759.

86 transportation systems. Finch and Tene also note the harm to other principles, one of these, which will be discussed below, is the heightened awareness that a digital city normalizes the collection of data so that residents become habituated to considering it an inseparable part of daily life.42 Second, there is concern regarding detrimental use of data by people who access it.43 This type of usage can be either to seeking information about a particular person or in order to sell the data to an interested party. Data can also be used for discriminatory purposes. The data accumulated by municipalities is likely to be detailed and precise and, as Finch and Tene note, when processes with big data technologies can result in discrimination that is otherwise illegal.44 Third, there is fear of function creep when the municipality itself uses data for purposes of which the data subjects were unaware and did not consent. The overall portrait is that a municipality can, from a technical perspective, There is structural risk because collect diverse types of data in greater quantity than ever before. The data of the change in balance in the might relate to residents of the city and include personal data regarding where relationship of the citizen and they live, their family status (whether they have children in the educational the municipality; there is a system), their medical and financial situation (who is eligible for assistance concern about function creep from the Welfare Department), their lifestyle (use of garbage containers and to other purposes and there other infrastructures, as well as benefits granted by the city), on their behavior is a danger of harmful use of in the public sphere (as observed by CCTVs), and if the municipality shares the data by individuals who have data with third parties, additional data. The data can be used to improve citizen access to it. services, but there is also concern about function creep for other purposes, and there is a risk of detrimental use of data by people who have access to it. The challenge faced by cities in the digital era is how to initiate new services and systems for the benefit of residents, to encourage innovation and use taxes wisely and efficiently in order to enable the government to provide services, but to do so without harming privacy, at least no more than is necessary to achieve proper results.45 We will now consider privacy on the ground.

4. Adapting the Legal Framework From our study, it emerges that there is no specific legal regulation of digital There is no specific legal cities or the functioning of municipalities regarding specific technological regulation of digital cities initiatives connected to the city. In general, Israeli municipalities are subject or the functioning of to the Municipalities Ordinance and the Privacy Protection Act. The collection municipalities regarding and processing of data must comply with the Basic Law: Human Dignity and specific technological

42 Ibid. 40. initiatives connected to 43 Cases of this type are occasionally heard by disciplinary panels or in court: see for example, Retrial the city. 7/07 Berman v. the State of Israel (2007) (Nevo, 2007) (a supervisor for the Tax Authority submitted queries for information about a person with whom he had a conflict); Criminal Appeal 4496/14, John Doe v. the State of Israel (2015) (Nevo, 2015) (a police detective used data from a police database concerning women who had filed various complaints); Criminal Case (Jerusalem Magistrate Court) 10845-06-15 The State of Israel v. Reimer (2017) (Nevo, 2017) (an employee of the Foreign Ministry checked information about a person who had a financial dispute with her son). 44 Finch & Tene, “Welcome to the Metropticon,” 1602. 45 Another issue is the “open data” approach, which is gaining adherents, albeit slowly. This approach urges authorities to provide data to the public, free of charge. This data can then be used by market players so they can offer new services (such as apps based on information from transportation companies and municipalities in order to provide information about travel routes in the city) or for research purposes. In the current context, the concern is that open data will allow identifying residents and be detrimental to their privacy. There is also a question of who owns the data. For discussion, see: Teressa Scassa, “Public Transit Data through an Intellectual Property Lens: Lessons About Open Data,” Fordham Urban Law Journal 41 (2014): 759 – 1789.

87 Liberty, meaning that statutory authorization is required for any harm to privacy. That authorization may be found either in the Municipalities Ordinance or in specific authorizing legislation, the harm must be for a legitimate purpose, and in particular – it must be proportional and no more than necessary. Municipalities must ascertain that they are not violating the privacy of residents, e.g., by photographing private premises or eavesdropping in any location, and for all databases – they must also comply with the database regulations. All municipalities must examine the legal aspects of all new technological systems they wish to install. Individual authorities may have unique circumstances that will yield different results, and therefore each municipality must make an independent decision. Ignoring the relevant considerations could potentially lead to voiding a decision. Clearly, municipality is permitted to weigh only relevant considerations, and must not introduce unrelated factors. The municipality must invest Consequently, the municipality must invest in internal, managerial preparation in internal, managerial that begins at the planning stage, well before installation in the field. It must preparation that begins at the clarify the purpose for which the data is being collected, define it and examine planning stage, well before its legitimacy. It must identify the authorizing legislative anchor, and comply with installation in the field. It must the principle of proportionality, it must examine alternatives that do not impinge examine alternatives that do on privacy. Only if it cannot be avoided, may the minimum amount of essential not impinge on privacy. Only data be collected, and care taken to comply with all provisions of the law. Some if cannot be avoided, may the of these provisions can be implemented simply, such as registering the database minimum amount of essential with the Database Registrar, but the implementation others can be difficult. data be collected. A major difficulty is the consent requirement. When data about people is gathered while they are moving through and making ordinary use of the public domain, there is no real possibility of informing every resident individually, and requesting his or her informed, freely-given consent. In urban situations, residents do not have a genuine, alternative source for many services. Although residents may choose not to use the WiFi Internet connection offered by the city, they cannot avoid the gaze of surveillance cameras or other devices collecting data on public transportation. When the municipality wishes to collect data in these ways, there is no truly effective way to obtain consent. The result is harm to privacy, which is permitted only if it complies with the limitations clause of the Basic Law. The harm can be minimized, for example by posting appropriate signage. When there is a direct meeting When there is a direct meeting point between the municipality and residents, point between the municipality it is possible and important to request explicit informed consent, and care can and residents, it is possible be taken to ensure that it is freely given. An example would be a service such and important requesting as a resident card, as long as the resident may refuse without any detrimental explicit informed consent. results. Otherwise, the consent is not genuine and certainly not freely-given. If, for example, registering children for school is conditional on “consent” to receiving a resident card, which means that data will be collected, this is not freely-given consent. If the benefits are not related to essential services, it is possible to move forward, and examine the purposes for which the data is being collected any other criteria set by law.

88 Berlin, Germany (Photo: Digitale Gesellschaft, Flickr) 89 The interviews we conducted with various representatives of Israeli municipalities, III consultants and officials of the central government also dealt with issues of Challenges and privacy. Their responses generally focused the types of services offered by the municipalities where they work. The overall picture indicates that there is some Opportunities: awareness of the subject, with brief references to the law, generally in order The Israeli Arena to claim compliance. However, beyond general awareness, it is apparent that they focus on specific aspects of privacy, primarily data security. Less – if any – attention is paid to other aspects of the issue. It is also possible to identify several social-cultural assumptions of the decision-makers that generally lack any factual foundation, and sometimes are actually contradicted by research The overall picture indicates in the field. The central issues that arose regarding the projects themselves that there is some awareness included public confidence in municipal systems, which was stressed in reference of the subject, with brief to data security, a lack of commercialization and compliance with the law. Some references to the law, examples follow. generally in order to claim Zohar Sharon, Chief Knowledge Officer of Tel Aviv-Jaffa describes DigiTel, the compliance. city’s card for residents, which it considers the main component of its identity as a “smart city.”46 The city is not doing business on the basis of [DigiTel]. We do not need to… It is very important for us to always keep DigiTel clean, meaning not to involve any type of business in it. In order to keep residents from thinking that the city is now taking more money and profiting even more, absolutely not… And the fact is that residents really do trust us. Data is transmitted to a third-party only for purposes related management of the project, obviously in a secure manner. The date is not transmitted together with national identity numbers. The third-party does not know how to identify anything. Sharon emphasized the importance of creating trust between residents and the city regarding the cards. This trust is built on two elements: the lack of a commercial component, and data security, meaning that only limited data is transmitted to third parties, in a manner that is intended to prevent identification of residents. Itzik Carmeli, CIO (Chief Information Officer) and Smart City Director in Rishon LeZion, presented a similar picture, stating that no data is provided to private, external organizations: “I do not see any reason why we would transfer it. I do not see how anyone would approve transferring it to it any type of business interest.” However, Rishon LeZion, like other municipalities, does transmit data to the police, following procedures developed for this purpose.47 Similarly, the CIO of Ashdod, Yossi Ben Simon describes the city’s responsibility for data on residents when it is transmitted onward: “When you begin entering ID numbers, telephone numbers and vehicle registration plate numbers, you have personal data that must be protected. When it is transmitted to a third-party company you must make certain, first and foremost, that they do not transmit it to any other party, and that they are protecting it properly.”48 Edi Bet-Hazadi, Head of Infrastructure Management Division in the Ministry of Infrastructure, Energy and Water Resources, also stresses the importance of

46 Zohar Sharon (Chief Knowledge Officer, Tel Aviv-Jaffa), August 10, 2016. 47 Itzik Carmeli (CIO and Smart City Director, City of Rishon LeZion), September 8, 2016. 48 Itzik Yossi Ben Simon (CIO, City of Ashdod), September 25, 2016.

90 data security: “The moment to introduce technology, the first thing you need to do is to ascertain the security level of your data.”49 A related issue concerns who is responsible for the security. Bet-Hazadi mentioned the role of the CIO, employed in many, but not all, cities: “Oftentimes the CIO is a bit more technical, “Oftentimes the CIO is a bit he deals with making sure that the printers work, the computers work… There more technical, he deals with is always a question: does he need to lead processes or does business lead the making sure that the printers processes.” For this reason, he explains, many municipalities look to the private work, the computers work… sector to supply the services they need. There is always a question: Similarly, Alon Ofir, Vice CIO and Chief Digital Officer in Netanya, explains “We does he needs to lead work according to the Information Security Law of the State of Israel, the Privacy processes or if the business Protection Act, and the Basic Law: Human Dignity.”50 The CIO in Netanya, Yaron leads the processes... many Ribo, presents a similar approach: “It is necessary to introduce considerations of municipalities look to the data security from the outset… I want to set policy on the subject, I bring external private sector to supply the consultants on data security from outside. The more you raise the subject of services they need.” data security at the beginning of the process, the better level of security you will be able to achieve.”51 The Municipality of Herzliya examined issues related to the privacy of personal data in a similar manner. They considered not only encryption as a general category, but also the possibility of anonymizing medical data or blurring photographs from the cameras installed in the public domain, for example.52 Maya Katz, Deputy Mayor, explains that the city’s approach is to check the legal issues and be creative: “We had a meeting and thought about it; many, many solutions were proposed because in the end you need to be very creative within the framework of the law.” In Tel Aviv, we hear a similar message from Zohar Sharon when he discusses DigiTel: “The legal department, justifiably, said ‘Are you kidding?’ We could disguise ourselves as you, use the taxpayer number taken from a property tax bill removed from your mailbox and your driver’s license number. Registration must be in person. People must identify themselves. So look, we find all sorts of solutions, but do not stray beyond the boundaries of the law.”53 Staying within the law while attempting to find creative solutions is also the approach in Be’er Sheva: Considerations of privacy and data security are relevant for every Considerations of privacy and project that we undertake. Actually, before we do anything and as data security are relevant part of the preparations for the project, it needs to be on the table for every project that we and considered in-depth with all of the professionals… Cyber and undertake. Actually, before we security are things that need to be considered, they need to be dealt do anything and as part of the with, but you cannot let them stop you. By which I mean, they can’t preparations for the project, it stop the business, you cannot stop providing services that we need needs to be on the table and 54 to provide residents – it is always possible to find a solution. Always.” considered in-depth with all of the professionals.

49 Edi Bet-Hazadi (Head, Infrastructure Management Division, Ministry of Infrastructure, Energy and Water Resources), August 18, 2016. 50 Alon Ofir (Vice CIO & Chief Digital Officer, Netanya) August 8, 2016. 51 Yaron Ribo (CIO, City of Netanya) August 8, 2016. 52 Maya Katz (Deputy and Acting Mayor of Herzliya) September 14, 2016. 53 Zohar Sharon (Chief Knowledge Officer, City of Tel Aviv-Jaffa), August 10, 2016. 54 Yehud Marciano (Chief Officer for IT and Innovation, City of Be’er Sheva) September 15, 2016.

91 Regarding cameras in the city he says: We are very strict about the database from the cameras. We have a separate network port. There are two people who have regular access to the data. The police do not have access to the data, they need to submit a special form. We are very strict regarding data from the cameras. There are guidelines from the Law and Technology Authority which I have not yet taken effect, but we are thoroughly familiar with them and are attempting – at least to a reasonable degree – to implement them, because there are some requirements that are really… I don’t know who wrote them but it’s simply impossible to implement them.55 Many of the interviewees Many of the interviewees present their perceptions regarding the current state of present their personal privacy, and from these perceptions, they draw conclusions about the legitimacy of positions regarding the current the municipality’s actions. Thus, for example Avi Ben-Hamo, CEO of Netanya, says: state of privacy, and these Our generation is already going to the bank, doing everything via affected their conclusions the Internet, transferring money, everything. There is nothing to do about the legitimacy of the about it, this is part of developments happening around the world. municipality’s actions. Now, this is correct and we know that we use the Internet, when we use a credit card our consumer habits and location become known. That is part of life, there is nothing to do about it. It is part of the development. I cannot say that I saw something here, and I that saw a demonstration in Netanya, and I did not see even a part of the face of one person there, and say, “You are becoming Big Brother,” no. It’s the opposite, people are using the service, more join, more inquire, more join Facebook.56 Ron Barzani, CEO of Ofek Regional Management for Modi’in-Maccabim-Reut describes compliance with the law by informing the public, while at the same time taking its importance lightly: Because the park is already being photographed by the Safe City System, and because we have added cameras, and there are signs in the park noting that it is being photographed, the kind of thing that people do not ask, I think. Again, our public are people who understand this. They look at it… not as an instrument that is invading their privacy but rather this is the public domain, and the public domain is photographed, and I know that it is being photographed.57 A similar position is expressed by then deputy mayor of Tel Aviv-Jaffa, Assaf Zamir: You know that there is no privacy in Israel. Everyone knows you, everyone knows your cousin, because of the Army and because of the Jewish thing. It does not seem weird to them, here everybody shops on the Internet, everyone enters their credit card everywhere. It seems to me that everyone also understands how there is basically no privacy anyway, and this is the difference in comparison to the rest of the world… Here people give [private information] without

55 Ibid. 56 Avi Ben Hamo (CEO, City of Netanya) August 8, 2016. 57 Ron Barzani (CEO, Ofek Regional Management, Modi’in-Maccabim-Reut), August 26, 2016.

92 thinking, if this offers something. And DigiTel does give something, you get a beach chair for less and all sorts of things like that. There is some level of trust in the city, apparently, which means that I am willing to give it my details. All of the companies have them, as does my HMO, the credit card company has them, so why not you? But this is extremely exceptional. When I talk about DigiTel in other “When I talk about DigiTel in countries, many mayors tell me that it tops the list of things that other countries, many mayors have no chance for success.58 tell me that it tops the list of Despite this, Zamir describes the failed experience of Woosh, a company that things that have no chance installed free mineral water fountains in Tel Aviv, and attempted to collect data for success.” about residents:59 The instance that elicited protest surrounding privacy is very interesting – I considered Woosh an experiment with amazing potential that unfortunately failed, perhaps because of the entrepreneurs did not handle it well, educating people to drink water for free. They said “We’ll give you the water free, we will finance ensuring that the water is the same quality as the mineral water you buy for 10 shekels. Bring your cup and fill it up with as much cold, mineral-water quality water, however you want, and we will tell you how much you’ve drunk, if it’s enough, etc. You only need to enter your details, your visa that won’t be charged but you have to enter your details, that is it.” There was major uprising against this and it failed. People did not drink from the fountains. Instead, they bought mineral water for NIS 10-12/ bottle, because they would not give their details. Now, could also been done without [asking for personal data]… They went too far, sometimes a new idea is too advance. Zohar Sharon connects Israelis lack of concern about their privacy to the issue of trust: Always – at the beginning, and even today – there is talk about “Big Brother,” and the issue of data security. But consider how ridiculous this is: I mean, when you’re a resident Tel Aviv you give the supermarket your identity number without any problem, and they can monitor your consumption habits. You don’t have a problem with that. Every average Israeli, when they are on line in the supermarket, the first thing the cashier asked them is, “What’s your ID number? Do you have a club card?… I do not have any problem going to Facebook and having the whole world follow me, and know a lot about what is “They have a problem giving happening. I don’t have a problem with Twitter, I don’t have a problem data to the city or the public with WhatsApp. But I do have a problem giving information to the sector, because they are ‘Big municipality or the public sector, because they are “Big Brother.” Brother.’ This is very absurd This is very absurd because it is an organization – when everything because it is an organization is working properly – that is supposed to protect you. They are – when everything is working supposed to protect your privacy, they are supposed to protect your properly – that is supposed to data, they are not an enemy.60 protect you.” 58 Assaf Zamir (Deputy Mayor, City of Tel Aviv-Jaffa), August 7, 2016. 59 The fountains were eventually removed. See, Ido Kenan, “Not Even the City Can Get Rid of the Woosh Water Initiative,” Ha’aretz, September 24, 2015. 60 Zohar Sharon (Chief Knowledge Officer, City of Tel Aviv-Jaffa), August 10, 2016.

93 He continues, We live in an era when the citizen needs to understand already that privacy is over. We still think in terms of Big Brother, someone who intentionally wants… There is no intention. There is no longer any Big Brother.” We hear a similar approach from external consultants, for example Natan Fridchay, “Anyone who thinks he has Vice President of the Systems Group, Taldor: any privacy today must I think that anyone who thinks he has any privacy today must be be dreaming.” dreaming. There is no privacy, this has nothing to do with smart cities. Cameras photograph us all the time, if I am in a hotel, if I go somewhere with my wife, I think that it’s private, I do not have any idea who was photographing me, who was recording me. You could not tell me that you’re recording me, legally it’s allowed.The law permits it.61 Other consultants emphasized the importance of privacy. Thus, for example, Shai Eppel of Deloitte Consulting who works with Ministry of Social Equality and the City of Be’er Sheva explains, “Cyber security and privacy are central issues throughout the process of digital transformation. As the use of digital tools increases in cities, we can expect that these subjects become acute.”62 Yaron Ribo, CIO in Netanya, strives to gather data about residents based on their self-characterization and location by using the resident cards: “The city plans to move from a physical resident card to a digital one in order to offer benefits at local businesses that are based on location, as a way to strengthen the local economy. To provide as much service as possible to meet people’s needs.”63 Avinoam Nahari, CIO of Eilat, is alert to the sensitivity of the data that has been “There is some level of risk. gathered, but is basically relying on residents’ ignorance on the subject: You can’t say that there isn’t. There is some level of risk. You can’t say that there isn’t. The municipality The municipality has ways has ways to make residents’ lives miserable, if it wants to. So it’s to make residents’ lives necessary to know how to use things properly. If I have a camera miserable, if it wants to.” near your home, I have the ability to know what you are doing, to investigate your past, I can find out who your children are and who is visiting you. This could have very serious repercussions. I think that residents do not understand how much power the municipality has, and this lack of knowledge also creates the current quiet.64 When asked if residents were notified regarding the various measures the city is taking, and whether their consent was obtained, he said that the municipal Spokespersons Department was responsible for this. Conversely, some interviewees identify privacy as an important value that should be protected, and do not disparage its value. For example the CIO of Tel Aviv-Jaffa Liora Shechter describes a high level of awareness and sensitivity to privacy:

61 Natan Fridchay (VP, Systems Group, Taldor) December 12, 2016. 62 Shai Eppel (Smart City Manager, Deloitte Consulting), December 25, 2016. 63 Yaron Ribo (CIO, City of Netanya) August 8, 2016. 64 Avinoam Nahari (Head, Organization, Methodology and Information Systems Division, City of Eilat) November 23, 2016.

94 With regard to data security and privacy, we protect a resident’s data very strictly, we do not expose data about residents, neither to external parties nor for the use of other municipal departments. For example, we do not use the data in order to collect more payments, it won’t happen that a person comes to receive a benefit, to see a play, and we say – “you have a property tax debt…” The idea is that each one of us is also a resident and none of us, on a personal level, want to have data gathered about us. We consult with legal counsel on all issues, for advice or even to dictate how we proceed.65

*** The picture that emerges from interviews shows that decision-makers and technology professionals in municipalities, as well as consultants and government officials, are aware of privacy as an issue. Significant emphasis is placed on data security, and the technological background of many interviewees, in CIO and similar roles, explains this emphasis. The interviews also include examples of other methods intended to reduce the amount of data gathered: anonymous data processing, blurring photographs and anonymizing data. The interviewees emphasized that they comply with the law, and some also mentioned relevant legislation and regulations, for example the guidelines issued by Privacy Protection Authority concerning public CCTVs. They also emphasize that they work in constant consultation with legal advisors, but that within that framework they have to be creative. Despite this awareness, a significant number of the interviewees belittle the value of privacy, claiming that in any case there is no longer any privacy in our daily lives. Clearly, they use this to claim that it isn’t important in the municipal context either, making it possible to normalize surveillance. Another explanation is trust. The municipalities expect that residents trust them. Although some people working in the field express this attitude, they continue their attempts to protect privacy, both internally regarding data security and when transferring data to third parties.

65 Liora Schechter (CIO, City of Tel Aviv-Jaffa), November 1, 2016.

95 The challenge faced by decision-makers in cities with digital infrastructure is IV familiar from many contexts: how to have your cake and eat it, too. It relates to Planning the question of how to achieve the goals of efficiency, innovation, security and safety while also protecting basic rights, particularly the basic right to privacy. Recommendations: The discussion offered in this chapter outlines the general legal framework, Privacy or more accurately several legal frameworks. Municipalities are subject to the general provisions of the Basic Law that forbids them to impinge on the privacy of residents unless they comply with the limitations clause and ensure that their action is authorized by clear legislation, is being done for legitimate purpose and does not exceed the minimum necessary for accomplishing that purpose. Municipalities are also subject to the Privacy Protection Act, both the chapter that deals with classical violations of privacy, which are particularly relevant to situations such as surveillance cameras, and to the chapter that deals with databases. At present, this is the legal framework in Israel; it is doubtful that The challenge faced it complies with the new European standard established by GDPR. There are by decision-makers in a limited number of specific guidelines, such as those issued by the Privacy Protection Authority regarding cameras in the public domain. However, the municipalities with digital Basic Law, the Privacy Protection Act and other regulations leave a wide leeway infrastructure is how to for interpretation. achieve their goals of efficiency, innovation, The legal tools provide – or should provide – initial guidance for decision-makers, security and safety while also however the law alone is an insufficient means for municipalities to address maintaining the basic right privacy challenges. Today, as clearly seen in the interviews, the work is being to privacy. done by technology professionals and municipal officials who are concerned with data, while protecting privacy is left for the legal department. The gaps between technological discourse and legal discourse are well known and difficult to bridge,66 making it desirable to supplement the legal means with organizational and technological ones. This was recommended by Finch and Tene,67 and by Lillian Edwards,68 before the GDPR took effect. Now these extra-legal approaches have found expression in the law itself. Until Israeli law is amended in the spirit of the European law, it would be best to move forward by applying organizational and technological practices designed to internalize the importance of privacy when making decisions concerning digital cities. These means are consistent with the legal provisions regarding orderly decision-making processes, and can also assist judicial examination of these systems. For example, they could potentially demonstrate that the city carefully examined the issue of proportionality, meaning that the technological means can achieve the purpose expected from technology and minimal harm to residents’ privacy. The following sections present some organizational steps that a municipality can – and we argue should – take as part of its administrative preparation for adopting new technologies, during its installation, and ongoing management.

66 See for example: Michael Birnhack, Eran Toch, Irit Hadar, “Privacy Mindset, Technological Mindset,” Jurimetrics Journal of Law, Science and Technology 55, no. 1 (2014): 55 – 114. 67 Finch & Tene, “Welcome to the Metropticon,” 1607. 68 Edwards, “Privacy, Security and Data Protection.”

96 Ü Privacy Impact Assessment (PIA) Prior to designing a new technological system that will handle personal data in the city, is essential to conduct a PIA. First, those in charge should define the purpose of the system, and then examine its legitimacy. If it is legitimate, the next step is to determine the types of data required, and if each is truly The legal tools provide – required for operating the system. It is necessary to check whether there is or should provide – initial an alternative way to achieve the same legitimate purpose, and design, from guidance for decision-makers, the outset, means to ensure that no excess data is collected, and to delete, however the law alone is anonymize or remove any identifying information. Data security steps must be an insufficient means for taken not only to prevent external attack, but also to incorporate confidentiality municipalities to address the into the system itself. The importance of confidentiality must be assimilated challenged of privacy in the within the organization – using technological means for departmentalization digital city. The gaps between and access control, educational training and explanatory activities, and post the technological discourse facto – if necessary – by disciplinary means. and the legal discourse are well known and difficult to Ü Appointment of a Data Protection Officer (DPO) bridge, making it desirable to The current Israeli Privacy Protection Act mandates only the appointment of a supplement the legal means Data Security Manager, but, as noted above, privacy goes beyond data security. with organizational and Issues of privacy are currently examined from either a legal perspective or technological ones. technological perspective, and the result is not always optimal. A senior official in the organization, who has both legal and technological understanding, and also comprehends the needs of the city and its residents, ought to coordinate this activity. This individual should be personally responsible for conducting the PIA, monitoring the implementation of the new system and also be an address for residents who wish to clarify their rights.

Ü Privacy by Design (PbD) The hoped-for result of the previous two items should be evident in the technological system that is designed. For example, gathering statistical data from the outset, rather than collecting identifying data and then removing it, taking pictures that are blurred rather than blurring them later, or using varied methods to anonymize information.

Ü Develop mechanism for transparency of local government In addition to the marketing- When undertaking activities that have consequences for the privacy of residents, oriented explanations about the municipality must also be transparent to citizens. In addition to the marketing- the beneficial things the city oriented explanations about the beneficial things the city wishes to do for its wishes to do for its residents, residents, it is essential to also describe the significance of the data collection, it is essential to also describe its advantages, the risks and the possibilities open to residents, particularly the significance of the data the possibility of not being included in the data-gathering without detriment collection, its advantages, to their rights. The explanations need to be accessible, simple and clear. To be the risks and the possibilities accessible they must be both on the municipality’s website and included in its open to residents, particularly print publications that are directly related to the service involved – whether the possibility of not being it is an app, a physical device or the registration form for resident card, etc. included in the data-gathering The explanations must comply with provisions of the law requiring informed without detriment to consent, in terms of both governmental responsibility and transparency to which their rights. municipalities are obligated as administrative bodies.

Exclusion and Inequality 4 in the Digital City Tali Hatuka and Hadas Zur

Tel Aviv, israel (Photo: Yuval Hidas) Exclusion and Inequality 4 in the Digital City Tali Hatuka and Hadas Zur

“We understood that, in the digital Can digitization overcome social gaps? Can urban technologies be used world, the faster you move ahead as a tool for reducing the digital divide? The answers to these questions with the smart city model the larger the gaps become. By which I mean, are complex. In general, it can be said that digital processes have the digitization facilitates closing of gaps, potential to reduce gaps, because they allow access to education and but if you aren’t careful digitization can information. However, if access to digital infrastructures are lacking, also enlarge the divide significantly. and digital skills are underdeveloped, digital processes can contribute That is precisely our position in the to extending existing forms of inequality. Furthermore, in a city where Ministry for Social Equality; our agenda is checking that we are not varied social groups reside, the use of various technologies is also only rushing ahead with those who are related to their characteristics, their lifestyle, and the space where strong, but that we are also pulling all they live. This chapter discusses the influence of digitization on society of the weak along with us.”1 and focuses on issues of inequality. This chapter is comprised of four sections: the first section presents basic concepts for understanding inequality in the digital age; the second section presents Israeli and international research on digital inequality; the third section discusses the challenges and opportunities in the Israeli arena; while the fourth and final section is devoted to recommendations that could be implemented while developing digital infrastructures initiatives in a city.

1 Shai-Lee Spigelman (CEO, Digital Israel National Initiative), January 19, 2017.

100 Ramat Gan, israel (Photo: iStock) 101 In the mid-1990s, awareness of inequality in terms of both access to and use I of new digital technologies among various social groups arose, and was named 2 Basic Concepts: the digital divide. The concept of digital divide is significant because it places the access to ICT’s on the political and research agenda in the information-based Inequality society. Thus, in the first decade of the 21st century, varied actions and tools in the Digital Age (i.e., strategic plans, policy documents, and conferences), have been devoted to reducing the digital divide. By mid-decade, the issue reached a turning point, particularly in Western countries, where computers and Internet had penetrated and become a basic commodity in the majority of schools and households. Access to technology in the physical sense was replaced with the question of differentiated use.3 Today, the concept of digital inequality is layered, and Access to technology in the focuses on examining the influence and consequences of the digital divide on physical (hardware) sense individuals and society, probing the factors that create the divide, and the tools has been replaced with the necessary to reduce digital differences. The starting assumption of policymakers question of gaps or differences and researchers is that there are significant differences in access, usage and in more complex variables skills which have major influence on users.4 regarding usage. Today, the Consequently, the concept digital divide now covers several types of inequality: concept of digital inequality technological inequality, which relates to access to technological means; non- is layered, and focuses on material inequality, which relates to the degree of freedom for using technological examining the influence means; material inequality, which relates to gaps in access and the distribution of and consequences of the resources that affect the acquisition of economic, cultural, social and technological digital divide on individuals capital; and social inequality, which is largely based on the other forms of digital on society. inequality (technological, material and non-material). These varied types of inequality influence and shape the status and life opportunities of the individual. Further, they relate to participation, which is a central aspect of individuals’ ability to use the Internet and other platforms in order to make their voice heard, be part of the democratic and political arena, join together, lead and participate in protests, decision-making and struggles in the public sphere. The differences in power are apparent in participation, for example when groups with greater skill, resources and abilities can use the digital arena to promote their needs and The concept of a digital divide interests, unlike other groups. Another form of inequality is educational inequality, relates to several forms of which relates to the various abilities and skills needed to use the Internet and inequality: technological, technological means that can be used on many levels, ranging from basic usage material, non-material, social for operative needs through complex use that include programming, personal and educational. expression and creative, commercial and political uses. Using the Internet for

2 The concept “digital divide” first appeared in 1997 in an official document from the US Department of Commerce, Communications and Science. For a few years thereafter, the concept dealt primarily with the gap between the “haves” and the “have-nots,” access to new forms of information technology, computers, Internet and digital devices, but as the years passed this concept came to be seen as too simplistic. Indeed, reality is more complex, more like a continuum between levels of usage and various types of usage, rather than a binary distinction between haves and have-nots. In today’s reality, where many people have access to devices – telephones, computers, home connections, cellular connections, etc. – it is difficult to point out stark inequality between who is included and who is excluded. Rather, we can speak of relative inequality. Moreover, the concept of a digital divide presents a static reality, while in our complex reality, the divide shifts frequently, and takes on new forms. Critical scholars also claim that technological determinism is intrinsic to the concept of a digital divide, meaning that the digital divide is based on the assumption that the problem is physical access to technology, and when access is achieved, the economic and social problems will be solved and the divide will be narrowed. This, they claim, is technologically and normatively misleading. 3 Paul DiMaggio, et al., “From Unequal Access to Differentiated Use: A Literature Review and Agenda for Research on Digital Inequality,” Social Inequality, 2004, 355 – 400. 4 Laura Robinson et al., “Digital Inequalities and Why They Matter,” Information, Communication & Society 18, no. 5 (May 4, 2015): 569 – 82, https://doi.org/10.1080/1369118X.2015.1012532.

102 entertainment and social purposes does not resemble using it for programming, searching for information, managing a business or design. Based on above definition, studies on smart cities and digitization are often based on the idea that the digital involvement of individuals and their digital capital are central components that determine academic achievement, employment opportunities, and the quality of services and education.5 This assumption regarding the role of digital capital in individuals’ achievements has resulted in ongoing research investigating users and the concept of the digital divide.6 Researchers have debated the technological and normative assumption that the digital divide lies in physical access to technology and that once achieved, this access might solve economic and social problems and reduce gaps. Numerous empirical studies have examined these ideas by focusing on ethnicity, race, gender, socioeconomic status, age and education to understand how and to what extent these parameters influence Internet usage and skills.7 In sum, it is argued that people who perform more effectively in the digital arena participate People with digital capital in and navigate strategically digital platforms possess a relative advantage over are those who operate more those who do not participate.8 In the era of the information society, information successfully in the digital has become a central commodity for survival and a person’s self-worth. As arenas that are critical for an ever-increasing number of services move to digital platforms (news, work, daily, social, cultural and studies, bureaucracy, shopping and payments), digital literacy becomes more economic functioning of essential for functional, social, cultural and economic existence of the individual. the individual.

5 Robinson et al. 6 David J. Gunkel, “Second Thoughts: Toward a Critique of the Digital Divide,” New Media & Society 5, no. 4 (December 1, 2003): 499 – 522, https://doi.org/10.1177/146144480354003; Seong-Jae Min, “From the Digital Divide to the Democratic Divide: Internet Skills, Political Interest, and the Second-Level Digital Divide in Political Internet Use,” Journal of Information Technology & Politics 7, no. 1 (February 5, 2010): 22 – 35, https://doi.org/10.1080/19331680903109402; David Nemer, “From Digital Divide to Digital Inclusion and Beyond,” The Journal of Community Informatics 11, no. 1 (April 14, 2015), http://ci-journal.net/index.php/ciej/article/view/1030; Jan A. G. M. van Dijk, “Digital Divide Research, Achievements and Shortcomings,” Poetics, The digital divide in the twenty-first century, 34, no. 4 (August 1, 2006): 221 – 35, https://doi.org/10.1016/j.poetic.2006.05.004; Alexander JAM van Deursen and Jan AGM van Dijk, “The First-Level Digital Divide Shifts from Inequalities in Physical Access to Inequalities in Material Access,” New Media & Society 21, no. 2 (February 1, 2019): 354 – 75, https:// doi.org/10.1177/1461444818797082. 7 France Bélanger and Lemuria Carter, “The Impact of the Digital Divide on E-Government Use,” Communications of the ACM 52, no. 4 (April 1, 2009): 132, https://doi.org/10.1145/1498765.1498801; Leen D’Haenens, Joyce Koeman, and Frieda Saeys, “Digital Citizenship among Ethnic Minority Youths in the Netherlands and Flanders,” New Media & Society 9, no. 2 (April 1, 2007): 278 – 99, https://doi. org/10.1177/1461444807075013; Taewoo Nam and Djoko Sigit Sayogo, “Who Uses E-Government?: Examining the Digital Divide in e-Government Use,” in Proceedings of the 5th International Conference on Theory and Practice of Electronic Governance, ICEGOV ‘11 (New York, NY, USA: ACM, 2011), 27 – 36, https://doi.org/10.1145/2072069.2072075; Jochen Peter and Patti M. Valkenburg, “Adolescents’ Internet Use: Testing the ‘Disappearing Digital Divide’ versus the ‘Emerging Digital Differentiation’ Approach,” Poetics, The digital divide in the twenty-first century, 34, no. 4 – 5 (August 2006): 293 – 305, https://doi.org/10.1016/j.poetic.2006.05.005; Samsudin A. Rahim, Latiffah Pawanteh, and Ali Salman, “Digital Inclusion: The Way Forward for Equality in a Multiethnic Society,” Innovation Journal 16, no. 3 (November 2011): 1 – 12; Robinson et al., “Digital Inequalities and Why They Matter”; Robin Stevens et al., “The Digital Hood: Social Media Use among Youth in Disadvantaged Neighborhoods,” New Media & Society 19, no. 6 (January 27, 2016): 950 – 67, https://doi.org/10.1177/1461444815625941; Alexander J. A. M. Van Deursen, Jan A. G. M. Van Dijk, and Oscar Peters, “Rethinking Internet Skills: The Contribution of Gender, Age, Education, Internet Experience, and Hours Online to Medium- and Content-Related Internet Skills,” Poetics 39, no. 2 (April 1, 2011): 125 – 44, https://doi.org/10.1016/j. poetic.2011.02.001. 8 Laura Robinson et al., “Digital Inequalities and Why They Matter,” Information, Communication & Society 18, no. 5 (May 4, 2015): 569 – 582, https://doi.org/10.1080/1369118X.2015.1012532.

103 Conversely, digital illiterates People who do not have these basic skills are referred as digital illiterates. are people who lack basic Furthermore, in an information society the possession or ownership of information digital skills. is a resource and source of power and productivity.9 Inequalities based on gender, ethnicity, race, class and age are intensified in contexts of digital use.10 This occurs because the ownership of information and strategic skills, which are essential for maintaining and preserving status, are distributed unequally, thereby bolstering groups who already have power, better skills and enhanced technological means. This claim is founded on the assumption that by gaining access to valuable information a person enhances his or her power. Some positions in society offer many more and better opportunities for gathering, exposing, using and transferring valuable information. This implies that the position of people in the media and social networks determines their potential power. Lack of status or a marginal location in these networks leads to social exclusion. Furthermore, high quality digital skills promise better employment opportunities, a dynamic that deepens inequality in employment and income in all over the world. This realization has contributed to the conceiving of digital skills as sort of capital. The concept of digital The concept of digital literacy relates to a range of abilities and skills required literacy relates to a range of to integrate and remain oriented in cyberspace.11 The common denominator abilities and skills required to of the various definitions of digital literacy is the agreement that digitization integrate and remain oriented is a language. Accordingly, digital literacy means using linguistic, cognitive in cyberspace. and psychological skills different from those used in the analog world. Some define digital literacy as the ability to understand key ideas in the information age, and the ability to evaluate, assess and synthesize data. Others relate to technical and operational skills required to act in the digital world. Either way, digital literacy requires understanding multiple means of communication and a synthetic understanding of images, sounds and words.12 Therefore, digital literacy encompasses several different forms of literacy (“reading” the instructions transmitted by a graphic interface, digital duplication for creating new materials from existing ones, constructing knowledge out of linear navigation, evaluating the quality and validity of information, and a mature understanding of the rules of cyberspace), as well as information literacy, audio-visual literacy etc.13 Recent studies present the centrality of digital skills as the chief cause of growing divides and inequality.14

9 Manuel Castells, “European Cities, the Informational Society, and the Global Economy,” Tijdschrift Voor Economische En Sociale Geografie 84, no. 4 (September 1, 1993): 247 – 257, https:// doi. org/10.1111/j.1467-9663.1993.tb01767.x. 10 Jan A. G. M.van Dijk, The Deepening Divide: Inequality in the Information Society (Thousand Oaks: SAGE Publications, 2005). 11 Paul Gilster, Digital Literacy (New York: J. Wiley, 1997). 12 Michele Knobel, Digital Literacies: Concepts, Policies and Practices (New York: Peter Lang, 2008). 13 Yoram Eshet-Alkalai, “Digital Literacy: A Conceptual Framework for Survival Skills in the Digital Era,” Journal of Educational Multimedia and Hypermedia 13, no. 1 (2006): 93 – 106. 14 Eszter Hargittai, “The Digital Reproduction of Inequality,” The Inequality Reader, April 19, 2018, https:// doi.org/10.4324/9780429494468-69; van Deursen and van Dijk, “The First-Level Digital Divide Shifts from Inequalities in Physical Access to Inequalities in Material Access”; Laura Robinson et al., “Digital Inequality Across Major Life Realms,” American Behavioral Scientist 62, no. 9 (August 1, 2018): 1159 – 66, https://doi.org/10.1177/0002764218773800.

104 When the gaps in access to hardware became less relevant, researchers began to investigate the different levels of digital and Internet skills,15 ranging from those related to the medium itself to those concerning the content carried by the medium.

Table 4.1: Four types of Internet Skills (by Van Deursen and Van Dijk)16 Despite the prevailing opinion, by which abilities and skills Medium-related Internet Content-related Internet skills skills for using the Internet are a problem that will be solved Basic Skills Operational: instrumental and Information: the ability to find or by itself, except among an technical skills; a basic set of locate information, and evaluate its skills for using the Internet validity and value. older population, research shows that abilities related to High-Level Skills Navigation and orientation: Strategic: the ability to use the familiarity with and Internet as a means for achieving content, information skills and understanding of the Internet specific goals (information, strategic skills correlate with as a hypermedia platform services, products and content) and educational level. that requires navigational and for general purposes of improving literacy skills. the person’s status in society.

The various levels of Internet use are built on a foundation of the basic skills Parallel to the intensifying needed for a command of the medium, while the strategic skills reflect higher, presence of the Internet more complex abilities. Despite the prevailing opinion, by which abilities and skills in our lives, new types of for using the Internet are a problem that will be solved by itself, except among an digital exclusion emerge. As older population, research shows that abilities related to content, information skills the Internet spreads, and and strategic skills correlate with educational level.17 Furthermore, a frequently- is increasingly integrated heard, widespread assumption contends that Internet skills are acquired through into all activities of daily, hands-on trial and error learning, rather than formal education. Yet research shows social, cultural and political that while this is true for basic operational and literary skills, it does not apply life, the forms of inequality 18 to information and strategic skills. This means that parallel to the intensifying change accordingly. presence of the Internet in our lives, new types of digital exclusion are developing. With the ubiquity of the Internet, and its spread into all activities of daily, social, cultural and political life, the forms of inequality change accordingly. 19

15 Alexander J. A. M. Van Deursen and Jan A. G. M. Van Dijk, “Using the Internet: Skill Related Problems in Users’ Online Behavior,” Interacting with Computers 21, no. 5 – 6 (December 1, 2009): 393 – 402, https://doi.org/10.1016/j.intcom.2009.06.005; Alexander J. A. M. Van Deursen and Jan A. G. M. Van Dijk, “Measuring Internet Skills,” International Journal of Human-Computer Interaction 26, no. 10 (September 17, 2010): 891 – 916, https://doi.org/10.1080/10447318.2010.496338 16 Van Deursen, Van Dijk, and Peters, “Rethinking Internet Skills.” 17 Ibid 18 Ibid. 19 Robinson et al., “Digital Inequalities.”

105 It is now clear that in order to prevent digital exclusion,20 it is important to ensure II that individuals from weaker social groups have the means and abilities required Research on Digitial to participate in and profit from the expansion of knowledge and opportunities in the information society. As proven by research on the digital divide and digital Inequality: International literacy, it is not enough to distribute tablet computers in schools attended by and Israeli Studies weak populations; it is necessary to invest in understanding the cognitive and psychological processes required to acquire high-level skills. Research dealing with digital inequality deals with several key questions: • Does digital inequality reinforce inequities and reinforce existing social gaps? • What are the most significant variables affecting digital differences (i.e. gender/ age/socioeconomic standing/education)? • What is the influence and/or significance of digital differences on other aspects of life?

In order to prevent digital Research on Digital Inequality in Israel exclusion, it is important to In the Israeli context, the Internet has become more accessible and more widely ensure that individuals from used. As in other countries, there is an age gap in Israelis’ Internet usage; the older weaker population groups population tends to use the Internet less than younger people. Similarly, there have the means and abilities is a gap in access to the Internet based on income and education; populations required to participate in and with greater income and education enjoy higher levels of access.21 However, profit from the expansion of this gap is not identical in all segments of the population.22 knowledge and opportunities in Thus for example, regarding the age of Internet users in Israel, we see that an information society. Internet usage in the older population has increased during the last decade. While in 2005 only 13% of people 65 and older used the Internet, in 2015 that number has quadrupled and approaches 50%.23 The disabled population uses the Internet less than other segments of the population: 55% of those aged 21-64 use a computer, 70% use the Internet, and 63% use the Internet daily (compared to 79%, 87% and 82%, respectively among the general population); only 28% use the Internet for work purposes, and 24% for educational purposes (compared to 55% and 36% respectively).24 From a religious perspective, recent years have seen an increase in the number of ultra-Orthodox Jews in Israel who use the Internet. In 2018, there was a 34% increase in Internet usage in the ultra-Orthodox sector, while usage by the general population grew at a more moderate rate (19%). Among ultra-Orthodox women the increase in Internet usage is even more rapid (from 28% to 47%) than among ultra-Orthodox men (28% to 39%). The increase in the use of Internet among the ultra-Orthodox population results from the increased number of employed

20 A. Hache and J. Cullen, “ICT and Youth at Risk: How ICT-Driven Initiatives Can Contribute to Their Socioeconomic Inclusion and How to Measure It,” JRC Scientific and Technical Reports (2009). 21 Central Bureau of Statistics, Statistical Yearbook for Israel 2008 (Jerusalem: CBS) 59. 22 For an in-depth report on digital divide in Israel see: Rafaeli Sheizaf, Leck Eran, Albo Yael, Oppenheim Yael, Getz Daphne. An Innovative Approach for Measuring the Digital Divide in Israel: Digital Trace Data as Means for Formulating Policy Guidelines Haifa Israel: Samuel Neaman Institute, 2018. https:// www.neaman.org.il/EN/An-Innovative-Approach-for-Measuring-the-Digital-Divide-in-Israel-Digital- Trace-Data-as-Means-for-Formulating-Policy-Guidelines 23 Central Bureau of Statistics, “Press Release for Senior Citizens Day,” December 2016 http://www.cbs. gov.il/reader/newhodaot/hodaa_template.html?hodaa=201611303. 24 Yigal Eisenman, “Select Data from the Survey of Society 2016 in Honor of International Day for the Rights of Disabled People,” (Central Bureau of Statistics Survey of Society, November 30, 2017), http:// www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201711355.

106 Bnei Brak ,Israel (Photo: Laboratory for Contemporary Urban Design) 107 people and students, the penetration of smart phones into their daily life, and changes in consumer habits, with the Internet becoming a platform both for purchasing and for participating in a variety of social networks.25 The digital divide in Israel was also examined from the perspective of ethnic differences – between the Jewish population and the Arab population.26 Researchers focused on ethnic differences in access to information and communications technologies (ICTs) in workplaces, because these are likely to reflect social- structural deficiencies, and even augment them. The study gathered data via a telephone survey (N=1400) and showed that indeed there is a substantial ethnic-national divide in Internet usage and exposure in workplaces. Israeli Arabs are more often employed in workplaces that do not require exposure and access to the Internet, and therefore these workers do not develop the “soft skills” needed for using the Internet. This gap also leads to negative attitude towards technology, and is indicative of the digital divide. Indeed, the digital divide in Israel Indeed, the digital divide in Israel is closing from a quantitative, hardware is closing from a quantitative, perspective, and percentage of use; access and penetration of the Internet into hardware perspective, and daily life is high and increasing at a rapid rate. However, digital differences are percentage of use; access and not limited only to the gap in access but rather includes discrepancies in quality penetration of the Internet into of use, skill level and complex abilities that create differences and a socio- daily life is high and increasing at technological divide. According to this understanding, research conducted by the a rapid rate. However, the digital Central Bureau of Statistics (CBS) and the Israel Internet Association (ISOC-IL), divide is not limited only to the focusing on the quantitative question of users versus non-users, presents a gap in access but rather includes misleading/inaccurate picture of Internet usage which misses the complexity discrepancies in quality of use, of the deep differences in digital literacy. These differences translate into gaps in life prospects digital capital that determines academic achievement, skill level and complex abilities and employment, opportunities, the quality of services and education.27 that create differences and a socio-technological divide. International Research on Digital Inequality In the international context, research focuses on the connection between the characteristics of different groups in a society (for example, ethnic origin, race, gender, socioeconomic status, age and education) and digital use and skills.28 Some of the key understandings emerging from that research are: • Ethnicity – There are two competing concepts regarding the ethnic divide in digital divide. The first claims that these gaps will continue to increase because minority groups have limited access to the material resources and social support networks. Conversely, according to the second concept, ICTs present an opportunity to reduce gaps as they penetrate into the life of individuals in society (for example, smart phones). • Socioeconomic situation – Research dealing with digital divide among adolescents found differences in usage between different social groups.29

25 Lee Cahaner, Gilad Malach and Maya Hoshen, The Yearbook of Haredi Society in Israel 2017, (Jerusalem Institute for Policy Research, Israel Democracy Institute, 2017), https://www.idi.org.il/books/20419 49- 47. 26 Gustavo S. Mesch and Ilan Talmud, “Ethnic Differences in Internet Access,” Information, Communication & Society 14, no. 4 (June 1, 2011): 445 – 471, https://doi.org/10.1080/1369118X.2011.562218. 27 Hargittai, “The Digital Reproduction of Inequality”; van Deursen and van Dijk, “The First-Level Digital Divide Shifts from Inequalities in Physical Access to Inequalities in Material Access.” 28 Robinson et al., “Digital Inequalities.” 29 Jochen Peter and Patti M. Valkenburg, “Adolescents’ Internet Use: Testing the ‘Disappearing Digital

108 The survey examined the conduct of adolescents when they use the Internet: are they using it primarily for information-related activities, games or social media. Similarly, it examined the primary space where they use the Internet: school, friends’ homes, at home, or on mobile devices. In particular, it examined which variables are have the most influence on usage: gender, ethnicity, socioeconomic background or cognitive ability. From the findings, it emerges International research that socioeconomic background and cognitive abilities influence the way shows that socioeconomic that which the Internet is used. It was found that adolescents from a strong background and cognitive socioeconomic background who have higher cognitive abilities tend to use ability influence how the the Internet as a tool for obtaining information, while those who come from Internet is used. Therefore a weaker socioeconomic background or had lower cognitive abilities tended leading international scholars to use it primarily for purposes of entertainment. This finding reinforces the contend that digital divide will perception that there are digital differences related to usage rather than access. be exacerbated to continue The age of adolescents in the survey (8-13) also concretizes that socioeconomic to grow together with and cognitive differences are already evident at a young age. This research socioeconomic gaps. refutes the idea that reducing the access gap will lead to harmonization of social gaps and strengthen weaker population sectors. The world’s leading scholars of the digital divide30 claim that it will continue to be exacerbated, because skills and various forms of usage are constructed primarily from material wealth, income and social capital of the household. Therefore, differences in the level of information, digital literacy and skill will continue to expand as socioeconomic gaps grow. • Age – is an important variable that influences use of the Internet. There is currently a clear distinction between people who were born before the Internet age and were forced to “immigrate” into the digital world, and those who are considered “digital natives.” However the age gap in the use of ICTs is not only a matter of skills and digital literacy, but also of motivation, need and life culture, as “non-users or seldom users” will testify.31 Researchers who examined non- use contend that it is necessary to attribute more attention to the choice or initiative of the individual. Non-use or low use can be the result of a choice, of need, or of managed use, and not necessarily the result of obstacles (skills or literacy) or of conditions (lack of access, ability or resources). Research on literacy levels shows that young people demonstrate greater functional skills than older people do. On the other hand, older people showed higher skill levels for working with content and strategy. This finding shows that the popular assumption that the problem of content skills will be solved by itself when the older generation disappears are incorrect, because it is actually young people who have difficulty in this area.32 • Education – is the most significant variable, which influences all other abilities and skills.33 The prevailing claim in public discourse is that a people learn Internet skills hands-on, through trial and error more than through formal education. However, research shows that while this is true for formal, operational abilities

Divide’ Versus the ‘Emerging Digital Differentiation’ Approach,” Poetics 34, no. 4 – 5 (August 2006): 293 – 305, https://doi.org/10.1016/j.poetic.2006.05.005. 30 Jan A. G. M. van Dijk, The Deepening Divide. 31 Neil Selwyn, “Digital Division or Digital Decision? A Study of Non-Users and Low-Users of Computers,” Poetics 34, no. 4 – 5 (August 2006): 273 – 292, https://doi.org/10.1016/j.poetic.2006.05.003. 32 Van Deursen, Van Dijk, and Peters, “Rethinking Internet Skills.” 33 Ibid.

109 for using the Internet, it does not apply to information and strategic skills. Furthermore, research findings show that the level of Internet abilities is only very weakly linked to how many years/hours person uses the Internet. Experience contributes to operational abilities, but not to developing complex skills. Content-related skills are not enhanced by years of experience on the Internet or the number of hours of Internet usage per week. Rather, level of education is the primary predictor of the level and quality of these skills, which are primarily related to the person’s general intellectual abilities.

Research on Digital Inequality in a Urban Spatial Context Most studies on the digital divide do not include any reference to spatial factors;34 they relate primarily to the level of the individual, ignoring the neighborhood and environmental context. In addition, most of the research on digital differences and divides does not examine the influence of information and communications technologies (ICTs) on the daily life of the city and the variations that emerge from differentiation in the digital landscape.35 What are the impacts and significance In world where welfare, leisure of being unconnected to ICTs in a world where welfare, leisure and services and services are increasingly errands are increasingly being conduct through digital networks? It has been adapted to a standard acknowledged that although urban infrastructures is “instrumented” by sensor consumer who is connected technologies, this instrumentation may not be spatially uniform. This inequality to digital communication is not only the result of digital illiteracy, a lack of skills or a lack of infrastructures networks, gaps that were but is also influenced by political, spatial, geographical and cultural differences previously found between in a city. This critical approach is part of a growing awareness of the agency of continents or between cities individuals in contemporary cities, as has been argued: “Stakeholders do not only now exist within a single perceive practical challenges but are widely aware of and are (partly) pro-actively urban arena. engaging with perceived normative-ethical and societal concerns, leading to different (sometimes interrelated) technological, legal/political, organizational, informative and participative strategies.”36 Following this approach, scholars claim that there is place to examine the non- uniform geography of ICTs within a city, and how it might influence new types of social exclusion.37 A study conducted in England examined two geographically adjacent neighborhoods in the city of Newcastle. One of them, Blakelaw, is included on the list of the 20 poorest neighborhoods in England while the other, Jesmond, is among the 20 wealthiest neighborhoods in the country.38 Residents of the poorer neighborhood are mostly from the working-class, manufacturers

34 Tali Hatuka, Hadas Zur and Jose Antonio Mendoza Garcia, Placing Digital Use in a Spatial Context: Smart Cities, Lifestyles and Practices of Digitization in Tel Aviv-Jaffa, 2020, Forthcoming. 35 Michael Crang, Tracey Crosbie, and Stephen Graham, “Variable Geometries of Connection: Urban Digital Divides and the Uses of Information Technology,” Urban Studies 43, no. 13 (December 1, 2006): 2551 – 2570, https://doi.org/10.1080/00420980600970664. 36 Damion J. Bunders and Krisztina Varró, “Problematizing Data-Driven Urban Practices: Insights from Five Dutch ‘Smart Cities,’” Cities 93 (October 1, 2019): 145 – 52, https://doi.org/10.1016/j.cities.2019.05.004. P:145 37 Tali Hatuka and Hadas Zur, “Who Is the ‘Smart’ Resident in the Digital Age? The Varied Profiles of Users and Non-Users in the Contemporary City,” Urban Studies, June 20, 2019, 0042098019835690, https:// doi.org/10.1177/0042098019835690; Chuks Otioma, Ana Mafalda Madureira, and Javier Martinez, “Spatial Analysis of Urban Digital Divide in Kigali, Rwanda,” GeoJournal 84, no. 3 (June 1, 2019): 719 – 41, https://doi.org/10.1007/s10708-018-9882-3; Laleah Fernandez et al., “Urban Myths of the Digital Divide: An Exploration of Connectivity, Breadth Of Use, and Interest Across Detroit Neighborhoods,” SSRN Scholarly Paper (Rochester, NY: Social Science Research Network, March 15, 2018), https:// papers.ssrn.com/abstract=3141322. 38 In each neighborhood, researchers conducted a survey of basic Internet use (N=400) and five in- depth interviews.

110 and employees while the residents of the wealthier neighborhood include Research shows that residents many people who work in information industries, as professionals in the public in the wealthy neighborhood sector and for corporations. The findings show clear differences in their Internet use the Internet for many more practices, in terms of both type of use and access. In the stronger neighborhood, functions in their life, and Internet usage for purposes of information, search, and daily communications therefore have more difficulty is twice that in the weaker neighborhood. Only 16% of the residents in the poor disconnecting from the neighborhood use online banking services, 10% in order to pay bills and 28% Internet. Conversely, residents for online purchasing, as opposed to 26%, 16% and 40% (respectively) in the of the weaker neighborhood wealthy neighborhood. tend toward more limited, The higher the income of a household, the more interviewees testified to their collective use for specific, inability to disconnect from the Internet (for example, to check email) even during instrumental means. the evening and on vacation. The researchers found that there is a difference in the usage patterns of individuals and those of a group, a detail that would not be noticed in studies that examine individuals’ use of the Internet. In the weaker neighborhood, some of the residents responded that when they want to purchase something, make a payment or look for information on the Internet they ask someone else to do this for them, meaning they ask for assistance from someone outside of their household (either a neighbor or friend), while in the more affluent neighborhood, assistance with Internet usage remains within the household (“I cannot make a payment or order over the Internet, my husband does this”). Researchers further contend that there is a need to analyze findings not only from the perspective of services but also to understand their influence on the daily routine of residents of the city, their use of space, movement, everyday tasks, feeling of connection and social belonging, and quality of life. The constant connection and many uses of ICTs for various life tasks (making appointments, shopping, placing orders, scheduling etc.) is also relevant to the workplace. Thus, in addition to education, skill level, socioeconomic status and ethnicity, the place of There is need to further residence and how individuals interact with their environment and their neighbors examine the non-uniform are factors that influence the use of digital platforms. It is through a combination geography of ICTs within a city of both material and immaterial means rather than simply one modality39 that and how this might influence individuals can construct their urban lifestyles with various tools.40 new types of social exclusion. A recent study we conducted in Tel Aviv41 analyzes the digital practices of the residents in four neighborhoods with different socio-economic, ethnic and geographic characteristics. It focuses on the use of digitised services provided by the municipality and aims to identify differences in use. This research is part of a growing concern focusing on resident’s acceptance and use of smart city initiatives.42

39 Adriana de Souza e Silva and Jordan Frith, Mobile Interfaces in Public Spaces: Locational Privacy, Control, and Urban Sociability, 1 edition (New York: Routledge, 2012). 40 Hatuka, Zur and Mendoza Garcia,, Placing Digital Use in a Spatial Context. 41 Hatuka and Zur, “Who Is the ‘Smart’ Resident in the Digital Age?”; Hatuka, Zur and Mendoza Garcia, Placing Digital Use in a Spatial Context. 42 For example: Sara Edge et al., “Exploring Diverse Lived Experiences in the Smart City through Creative Analytic Practice,” Cities 96 (January 1, 2020): 102478, https://doi.org/10.1016/j.cities.2019.102478; Robert Cowley, Simon Joss, and Youri Dayot, “The Smart City and Its Publics: Insights from across Six UK Cities,” Urban Research & Practice 11, no. 1 (January 2, 2018): 53 – 77, https://doi.org/10.1080/17 535069.2017.1293150.

111 The research suggests going The research suggests going beyond the perception that non-users are necessarily beyond the perception that disadvantaged residents. This approach suggests addressing the cultivation non-users are necessarily of smart residents as a political project that “recasts who or what counts as a disadvantaged residents. The ‘citizen’ and attends to the ways in which citizenship is articulated environmentally findings showed that there through the distribution and feedback of monitoring and urban data practices”43. is no one prototypical user; More specifically, it focused on the levels of participation in digital municipal rather, there are multiple platforms. The findings showed that there is no one prototypical user; rather, profiles. Four key prototypical there are multiple profiles. Four key prototypical profiles have been identified: profiles have been identified: the active user, the watchful user, the non-user, and the conscious non-user. The active user is a resident who uses municipal digital services for payments, the active user, the watchful communication, registration, information and entertainment. Generally, these user, the non-user, and the users are unconcerned about privacy and information security, and they perceive conscious non-user. these issues to be part of contemporary urban residency. This user fits the ideal of the municipalities, which aspire to increase the numbers of smart active residents in the city. The watchful user is a resident who uses municipal digital services for payments but also pays attention to privacy and information security (chooses strong passwords, deliberately provides incorrect information) and is disturbed by data collection by municipal authorities. This watchful user, who does not take for granted the collection of data, might be a source of challenges to the municipalities, requiring them to examine and explain the extent of monitoring and data collection. The non-user is a resident who never or seldom uses municipal digital services. Generally, this user is unconcerned about privacy and information security. His or her indifference towards data collection and privacy can be viewed as a lack of awareness or a lack of relevance or disinterest. This user is the person in whom municipalities invest most heavily since they view these residents as having the potential to become smart residents. The conscious non-user is a resident who never or seldom uses municipal digital services. This user is highly concerned about privacy and information security, and is disturbed by the collection of data by municipal authorities. The emergence of this profile could be seen as the first sign of resistance to the oppressive powers of digital technologies. This resistance might not be sustainable, but it certainly delays the process of a city’s digitization implementation. The researchers concluded that while normalization of the Internet promises to help people deal with load and decrease distances for handling certain tasks, it simultaneously “locks” the users in, and dictates habits and norms, such as the inability to disconnect from a workplace or social communication. As a result, the very technology intended to streamline processes and create more free The techno-utopian vision time, ties people to a finely woven network of relationships that are dependent of the “smart” resident, on and invested in technology. Furthermore, most platforms are top-down defined by governments initiatives defined by policy makers and computation people. However, it is and private companies that essential that their platform designs be open to public debate and negotiation, benefit tremendously from the specifically on issues of privacy and data collection. The techno-utopian vision technological grip of citizens of the “smart” resident, defined by governments and private companies that and their daily shared data, benefit tremendously from the technological grip of citizens and their daily requires critical revision. shared data, requires critical revision.

43 Jennifer Gabrys, “Programming Environments: Environmentality and Citizen Sensing in the Smart City,” Environment and Planning D: Society and Space 32, no. 1 (February 1, 2014): 30 – 48, https://doi. org/10.1068/d16812. p. 32.

112 Tel Aviv, Israel (Photo: Laboratory for Contemporary Urban Design) 113 Israeli society, like any other society, can be divided in diverse ways, depending III on the societal categories used. During the 20th century questions of identity, Initiatives for Responding belonging and difference found expression in varied categories of identity that destabilized the social hegemony and revealed a complex, layered social field.44 to Digital Inequality Identity groups such as women, LGBT, people of color, indigenes and immigrants in Israel fought for social recognition, and a fair distribution of resources. They were able to change the social structure, public and legal discourse constructing the center and the margin.45 These same groups are demanding that the concept of “Israeli-ness” be expanded, and sometimes even that the collective itself be redefined.46 In the late 1990s, scholars emphasized the effect of intersectionality, the connections between various identity categories, and opportunities in life, as well as the experiences and opportunities available to each individual.47 Although the “old” categories like ethnicity, gender, status, immigration, secularity, religion and nationality continue to be axes of power, control and social hierarchy, the boundaries and content of these categories are On a theoretical level, changing as new identities and groups are being defined.48 Today, in the early municipal decision-makers, 21st century, the social field in Israel is seen as dynamic and complex,49 which mayors and city planners influences the way we understand inequality. recognize the challenge of On a theoretical level, municipal decision-makers, mayors and city planners digital inequality; the threat recognize the challenge of digital inequality; the threat that a lack of tools that a lack of tools and digital and digital skills will contribute to new gaps and divides in the city. Thus on a skills will contribute to new practical level not enough is been done. In this section, we present how digital gaps and divides in the city. inequality and divides are perceived by local and national decision-makers in Thus on a practical level not the Israeli arena, and discuss the challenges and various initiatives with social enough is been done. impact and their ability to reduce gaps in the city.

Ü National Vantage Point Perspective and Initiatives of Decision-makers in the Central Government Cities around the world compete for capital and resources in order to position themselves in a higher place in international and national rankings. Developing The national government digital infrastructures is one of the ways to accomplish this.50 Unlike cities, which focuses on the gaps and concentrate on their individual leverage and economic growth, and compete inequality created between against their neighbors by providing higher quality services and infrastructures cities. for businesses and for residents’ daily life, the national government focuses on the gaps and inequality created between cities. The tension between the municipal and national or regional scales is important in the State of Israel,

44 Nancy Fraser, “From Redistribution To Recognition? Dilemmas Of Justice In A ‘Post-Socialist’ Age,” New Left Review 212, July-August 1995, pp. 68-93. https://newleftreview.org/issues/I212/articles/ nancy-fraser-from-redistribution-to-recognition-dilemmas-of-justice-in-a-post-socialist-age. 45 Zeev Shavit, Orna Sasson-Levi and Guy Ben-Porat, Boundaries, Identities and Changing Categories in Israelis Society, (Jerusalem: Van- Leer, 2013) (Hebrew). 46 Ibid. 47 Loïc Wacquant, Urban Outcasts: A Comparative Sociology of Advanced Marginality (Cambridge; 30 Malden, MA : Polity, 2008). 48 Shavit, Sasson-Levi and Ben-Porat, Boundaries. 49 Zygmunt Bauman, Liquid Modernity (Cambridge, UK: Polity Press, 2000). 50 Tali Hatuka et al., “The Political Premises of Contemporary Urban Concepts: The Global City, the Sustainable City, the Resilient City, the Creative City, and the Smart City,” Planning Theory & Practice 19, no. 2 (2018): 160 – 179.

114 which is characterized by substantial gaps between the geographical center and the geographical periphery of the country, and even between adjacent cities.51 As a rule, digital infrastructures facilitate innovation on the national level, and in diverse fields: health, education, economics, managing energy resources, environment, safety and transportation, emergency management, political Without the involvement participation and civic involvement. In practice, these influence many aspects of life. of the state with its Without the involvement of the state to advance cities, large gaps could emerge broader perspective and in weaker towns and regions. Researchers also shed light on the importance of the responsibility that the 52 the regional scale in digital processes. Regional perspective considers cities as central government takes for concentrated settlements, an ecosystem of economic development, technological advancing cities, large digital 53 information and cultural creativity. Using a regional starting point can overcome gaps could be created in the intra-regional and intra-national gaps that can be created by unbalanced weaker towns and regions. technological development between various cities. It is the responsibility and ability of the central government to promote this concept. Central government is concerned about the intercity digital gap that will have a deep impact on citizens of Israel and inequality in the future. Among the 257 municipal authorities in the State of Israel there are significant differences in their managerial abilities, human capital, resources, budget, needs and challenges faced. In the digital field, local authorities range from those cities that are advancing complex projects associated with the smart city concept, and others that still A regional starting point can do not have neither an active Internet site nor any online services.54 Today, overcome intra-regional and action in the technological field is driven by each municipality on the basis of intra-national gaps that can its worldview and desire for development in this field, without the government be created by unbalanced having created any national standards or setting goals, and also without its technological development assistance. Edi Bet-Hazadi from the Israeli Ministry of National Infrastructures, between various cities. It is in Energy and Water Resources claims that adopting a digital agenda depends on the the responsibility and ability managerial ability of the municipality, and only a small portion is an expression of of the central government to 55 cultural determinants. Furthermore, the digital agenda cannot be assimilated promote this concept. equally in all parts of the city. As he explains in the case of Jerusalem: I cannot build a smart city and decree that the same smart city concept will be imposed on all sections of the city to the same extent and in the same manner. I need to think about which system to install, if it does not offend sensibilities, if it does not harm the public, if the public is even interested in it. For example, on Sundays I enter my office through an ultra-Orthodox neighborhood in Jerusalem. The area around the garbage containers is full of trash. The containers

51 Ravit Hananel, “Development Towns and Distributive Justice: The Politics of Regional Planning and Land Allocation in Israel” in The Development Towns, Tzvi Tzameret, Aviva Halamish, and Esther Meir- Glitzenstein, eds. (Jerusalem: Yad Ben Tzvi, 2009) 107-122 (Hebrew); Eran Razin, Fiscal Disparities Between Small and Large Municipalities in Israel (Jerusalem: The Floersheimer Institute for Policy Studies, 1999) (Hebrew); see also data from the Society in Israel, Report no. 7 of the Israeli Central Bureau of Statistics, “The Large Cities in Israel 2012-2013” https://www.cbs.gov.il/he/publications/DocLib/2014/ rep_07/pdf/h_print.pdf (Hebrew), English abstract https://old.cbs.gov.il/statistical/big_city142.pdf. 52 Michael A. Pagano, ed., Technology and the Resilience of Metropolitan Regions (Urbana: University of Illinois Press, 2015). 53 Edward Soja, “Accentuate The Regional,” International Journal of Urban and Regional Research (2015): 372 – 381 54 According to Yuval Zana, a staff member of The Digital Israel National Initiative, there are between 20-60 municipalities that do not have a basic Internet site, December 12, 2016. 55 Edi Bet-Hazadi (Head, Infrastructure Management Division, Ministry of Infrastructure, Energy and Water Resources), August 18, 2016.

115 themselves could be empty but there will be trash around them. You know why? Because they send young children to take the garbage down. The children cannot reach high enough, so they leave the trash next to the container. The question is if I install trash containers in a city like that, even the smartest container, can it be effective if it isn’t the height of a child? Therefore, Bet-Hazadi claimed that gaps can be created within the same city. But more than anything he is worried about the divides that have developed between different cities and towns in Israel: “If the state does not get I expect that approximately 20-25 municipalities… will be able to involved, then the divide that undergo this process and do it in the best possible way. Some will we are saying exists today will do it today, and for others it will take a decade or so. If the state does be much larger, and extremely not get involved, then the divide that we are saying exists today will deep.” be much larger, and extremely deep. Bet-Hazadi explained that the polarization and gaps he predicts are not only digital divides, but also differences between the mentalities and thought processes of people who live within technology and develop a mentality of using technology in a daily basis, and those who live a different lifestyle. The gap between cities is likely to grow as cities advance towards developing digital infrastructures at a good pace using their own resources and human capital. This threat worries the staff of the Ministry for Social Equality. From a nation-wide perspective the gaps are already evident and significant, and it is unclear what should be the role of the state and the central authority in tackling it. Dror Margalit, Deputy of Technologies, at the Digital Israel National Initiative, explains that the gaps will grow not only between the center and the periphery but also between adjacent cities:56 I assume that between Bnei Brak [city of ultra-orthodox Jews] and Tel Aviv, which geographically are perhaps 4km from each other, there are major gaps in the level of digitization and on the level of how the process evolves. For example, how many online forms are available today for residents, in the realm of property tax. Gaps and inequality between municipalities around Israel already exist, even if they are adjacent to each other; what then is the difference between the current situation and the digital age? According to Margalit, the difference is the In the next decade, all cities starting point. In the next decade, all cities will advance, and is expected that will advance, and it is expected many technological changes will be introduced, such as self-driving cars. Cities that many technological that have already begun the process of innovative thinking and making changes changes will be introduced. will be more ready to accept these developments than the cities that are only Cities that have already begun at the beginning of their journey. the process of innovative Shai-Lee Spigelman, CEO of the Digital Israel National Initiative, considers thinking and making changes technology an opportunity to decrease gaps: will be more ready to accept these developments than Today, there are services that the authorities do not supply because the cities that are only at the of budget and personnel constraints, certainly for weaker population

beginning of their journey. 56 Dror Margalit (Deputy of Technologies, Digital Israel National Initiative, Ministry of Social Equality), December 1, 2016.

116 sectors and certainly in the periphery. Digital tools can allow us to supply these services in a much better, more efficient and less expensive manner. So this is a tool for reducing gaps. For example, “Today, there are services remote medicine will provide a solution for places where it is impossible that the authorities do not to bring medical specialists. If the authority begins by introducing supply because of budget additional cooperation with the health maintenance organizations and personnel constraints, and introduces remote medicine into its jurisdiction, it will improve certainly for weaker population the services that the government provides. This means that gaps sectors and certainly in the will be reduced, and better government services will be available in the periphery.57 periphery. Digital tools can allow us to supply these The goal of people working at the headquarters of the Digital Israel National services in a much better, more Initiative is to strengthen weak authorities and help them progress, in an attempt efficient and less expensive to reduce the differences between them and the strong cities. Director General manner. So this is a tool for of the Ministry of Social Equality Avi Cohen raises the challenge of digital literacy reducing gaps.” required for a high level technological use, therefore there is a risk that part of the population will be left behind.58 According to a study commissioned by the Ministry of Social Equality, 25% of the population, particularly among Arabs, ultra-Orthodox and senior citizens, lack digital literacy skills, even the most basic level. According to Spigelman this problem may be solved in a variety of ways, including for example “kosher Internet”59 but is impossible to leave 25% of the population behind. Therefore, they are launching a digital literacy program, which is designed to assist those populations, and will be implemented by local authorities classified as being in clusters 1-5.60 The strategy, Cohen explained, is to strengthen the weaker population centers, working according to the cluster model used in the periphery. Digital Israel National Initiative is currently working with municipal authorities in three areas: training personnel, knowledge based platforms, and project promotion: • Training personnel – Training teams from local authorities for the purpose of exposing them to the tools, information and opportunities of the digital era. Digital Israel National Initiative is leading two training programs: 1. Digital leaders, a program designed for the senior staff of urban municipalities. The program has been operating for approximately one year and includes a trip overseas for an educational tour; 2. Digital accelerators, a program that is intended for department heads. This, too, is a one year course and includes a project to be implemented in each authority – from identifying the challenge through developing a solution. • Knowledge based platforms – Sharing know-how between local authorities for everything related to smart cities, technological systems, digitization and the transition to online services. The central idea is to take advantage of the knowledge that has been accumulated by municipalities, share information,

57 Shai-Lee Spigelman (CEO, Digital Israel National Initiative), January 19, 2017. 58 Avi Cohen (CEO, Ministry of Social Equality), January 19, 2017. 59 Ultra-Orthodox Jews avoid using the internet because of the immoral and secular content it contains. “Kosher Internet” are devices with limited internet access only to approved websites and applications. 60 CBS has developed an index for characterizing local authorities in Israel according to the socioeconomic level of the population in each geographic unit. The index is calculated on the basis of a demographic database, quality of life, education, employment, unemployment and pension. Cities and local authorities are classified according to the values of this index in 10 clusters, with one representing the lowest socioeconomic cluster and 10 the highest.

117 questions and experience in order to empower local authorities, and take advantage of the accumulated wisdom of the crowd in each municipality. For this purpose, two platforms were established: 1. Municipal platform for informal discourse on ICTs. A closed, peer group platform for local authorities, without access for vendors, NGOs or consultants. This group is a social network for municipal employees only, where they can consult and exchange ideas, assistance, impressions and understandings gleaned from their experiences; 2. Municipal platform for sharing information that includes creating a database of documents, know-how, forms, professional surveys by field, best practices, tender and guides in relevant fields. • Municipal projects and initiatives, developing digital infrastructures – Digital Israel National Initiative is responsible for developing a basic package of products for connecting residents and municipalities, working with the Local Government Economic Services of the Local Authority Ltd. (LEGS). After research and mapping the needs of municipalities, Digital Israel National Initiative characterized a basic, essential package for each municipality: 1. A website that includes online payment and basic information for residents; 2. A Facebook page for each municipality; 3. A municipal call center (CRM). Additional initiatives are: The central government is Public participation process with municipalities – a process intended to map well aware of the connection the needs of the municipalities as a means for providing solutions; support between digitization and social for developing local projects based on criteria established by Digital Israel gaps, particularly within the National Initiative; encouragement of startup initiatives in the urban areas framework of the Digital Israel led by the Israel Innovation Authority; the establishment of urban innovation National Project, which has community, City Zoom that Digital Israel National Initiative – in cooperation set reducing the digital divide with Tel Aviv University, Peres Center for Peace and Innovation, Atidim, the as one of its goal. Inequality Ministry of Economics, the Ministry of the Interior and the City of Tel Aviv-Jaffa is perceived on a national – is establishing as an innovation community that will connect municipalities, scale, and emphasis is placed startups, entrepreneurs and the academic world. on the differences developing In conclusion, the central government is well aware of the connection between between various regions and digitization and social gaps, particularly within the framework of the Digital cities around the country. Israel National Project, which has set reducing the digital divide as one of its goals. Inequality is perceived on a national scale, and emphasis is placed on the differences developing between various regions and cities around the country.

Ü Comprehensive Municipal Vantage Point Perspective and Initiative of Policymakers in Local Government. The municipal authorities The municipal authorities in Israel deal with similar problems and challenges that in Israel deal with similar emerge primarily from the need to offer services to varied social groups. Cities problems and challenges that choose different strategies that can affect the social realm. Some intentionally emerge primarily from the and some indirectly: the City of Be’er Sheva has recruited technology to streamline need to offer services to a and improve welfare services for residents; the City of Tel Aviv-Jaffa uses the varied population. technology of the DigiTel identity card for residents to offer preferential distribution of benefits to residents of the weaker southern part of the city, rather than those in the more affluent northern section; the City of Herzliya manages an accelerator that is supposed to give residents of weaker neighborhoods an opportunity to develop a technological initiative, the City of Rishon LeZion is emphasizing schools and supplies them with optimal digital infrastructures;

118 the City of Eilat is striving for energy independence so that it can redirect city resources and save residents money. However, the issue of digital divides and inequality as a municipal challenge is However, the issue of digital not high on the cities’ agenda. What can be found are local projects that have gaps and inequality as a some connection to the issue of equal opportunities and inequality. Here are a municipal challenge is not high few examples of how policymakers in various cities have related to technological on the cities’ agenda and yet to initiatives in the context of digital equality. be developed. • Opportunities for All: Municipal Accelerator for Technological Initiatives, Herzliya Maya Katz, Deputy Mayor of Herzliya,61 explains that the vision behind opening a municipal accelerator emerged from social goals: There are gaps between many neighborhoods in the city, the stronger population always knows how to reach investors, will always have more connections, and will always know how to leverage its initiatives in a much broader manner. But there is also a population that is somewhat less strong in this realm, which does not know how to accomplish this, even if it has an amazing idea. Therefore, our goal is to help them access the same investors and venture capital funds, open doors for them, and support them with the tools they lack. That means, we will prepare plans for them, empower them at all of these particular points, and therefore a successful idea will be able to come to fruition and progress to the exact same extent as if it had come from the west side of the city. Herzliya is trying to use a platform of technological initiatives to provide The City of Herzliya is trying to opportunities for the entire population of the city. The accelerator project is use a platform of technological intended to connect unique resources available to the city – connections with initiatives in order to provide the business and technology sector located within the city limits, and people opportunities for the entire work in high tech – with residents who are willing to develop in this field. Katz population of the city. explains that this is not an expensive project that requires large outlays on the part of the city,62 and therefore it can be implemented in any municipality. It relies on recruiting the right resources from within the city: interested parties, employers and residents who can contribute their professional skills. In this initiative, the Herzliya municipality serves primarily as an agent that makes connections between various interested parties and recruits non-material resources for establishing a municipal technology incubator that provides equal opportunities and professional training. To determine if the project has met its target, to whom it is open, who is aware of the possibility of requesting its services, and who the target population is, it is necessary to study its organizational model, results and cumulative experience in depth. This is not a model that is intended to change or influence digital gaps but rather a model that takes advantage of characteristics of the digital era in order to create cooperation and opportunities for residents and for the municipal authority. • Encouraging Citizen Participation: DigiTel, Tel Aviv In the City of Tel Aviv-Jaffa, as explained by then Deputy Mayor Asaf Zamir, the inequality and gaps between the north of the city and its southern sections is

61 Maya Katz (Deputy and acting Mayor of Herzliya) September 14, 2016. 62 The annual budget of the project in approximately NIS 100,000.

119 a central issue, that tops the city’s list of priorities:63 “The municipal policy of Tel Aviv-Jaffa strives zealously to create equality, equal opportunities and close gaps, this is almost our sole preoccupation. It does not deal with north Tel Aviv at all, period. All day we work on improving the southern part of the city, the southeastern quarter and Jaffa.” However, these projects do not rely on technological tools and are not included among the smart city projects. Zamir notes that there are several areas in which the DigiTel resident’s card, the flagship project of “Smart City Tel Aviv,” can help reduce gaps. But this is not one of its main purposes. As Zamir explains, “Today we have more participants in the DigiTel processes in the southern part of the city, than before DigiTel. Many more. Enough? Definitely not, not from any perspective. Will this generate the largest change, do I base the need for rectifying the social gaps in Tel Aviv Jaffa on the DigiTel systems? Definitely not.” According to Zamir one of the consequences of the DigiTel card and the The DigiTel card makes move to direct, online interaction with residents is the increased ability for the it possible to control the entire population of cardholders to participate and be involved. Another tool is direction of opportunities an outgrowth of DigiTel’s ability to segment the population and direct messages and resources to a weaker to specific target populations, which allows it to offer weaker neighborhoods a population. first chance to take advantage of free opportunities. Zamir adds: DigiTel knows where each resident lives. So if the city spokesperson receives free tickets to a show, DigiTel is able to direct all of the free tickets to residents of the south, and never to the north. This means that very often the technology can take an immediate action, if your agenda is an agenda that includes social gaps, to distribute resources in an optimal way… just by pressing a button, which you could not have done in the past.. According to Zohar Sharon, Chief Knowledge Officer for the City of Tel Aviv-Jaffa,64 “digital gaps are still strong” even in Tel Aviv. “There are 50,000 migrants. The digital gaps exist, namely, we see it in south Tel Aviv, for example, where the percentage of registration for DigiTel are much lower.” Sharon believes that the transition into the digital world is a matter of time, access level and how easy it is to use the interface. He claims that anything that is effective and efficient will simply work: Let us take WhatsApp as an example. Why does everyone use WhatsApp? Because it’s effective. It is efficient, it is simple, and nobody will argue with that. Even in the southern part of the city people use WhatsApp. Why? Because it is effective. We always think about how to improve interfaces, to make them simpler, to make them into genuinely accurate information, not to nag, not to push, just provide the information, rather than annoying someone ten times a day with an irrelevant text message… All of the theory behind this is a being developed. Liora Schechter, Tel Aviv’s Chief Information Officer,65 added that the policy of offering benefits to residents of South Tel Aviv began when they saw that more people were registering for DigiTel in northern neighborhoods and from a

63 Asaf Zamir (Deputy Mayor, City of Tel Aviv-Jaffa), August 7, 2019. 64 Zohar Sharon (Chief Knowledge Officer, City of Tel Aviv-Jaffa), August 10, 2016. 65 Liora Schechter (CIO, City of Tel Aviv-Jaffa), November 1, 2016.

120 value-oriented perspective: “The level of connection of households in Tel Aviv to the Internet is tremendous. It exceeds 90%, but there is still a gap and difficulty in certain areas such as south Tel Aviv. It is not good for the city to have such gaps, and we are trying to help improve the situation.” In conclusion, for the City of Tel Aviv-Jaffa the issue of gaps between various For the City of Tel Aviv-Jaffa populations and neighborhoods in the city is indeed on the agenda, even if it the issue of gaps between is disconnected from the technological agenda. Thus, for example, the city has various populations and not done any research segmenting the use of online services on the basis of neighborhoods in the city is socioeconomic background, although gaps are significant66 using technological indeed on the agenda, even tools only to offer cultural benefits is very limited and not necessarily significant. if it is disconnected from the Although Zamir claimed that technology can increase participation of residents technological agenda. who were previously voiceless, there is no evidence of meaningful participation, no research regarding various types of digital inequality in the city and no in-depth understanding of the issue. Regarding digital infrastructures, the distribution of cameras and WiFi is uneven across the city. WiFi is present mostly in the center, and cameras are employed in the center and at specific locations in the south Tel Aviv. • Increasing Trust and Access: Online Registration System and Digital Infrastructures, Rishon LeZion The City of Rishon LeZion felt a divide in usage of online services when registration for kindergarten moved online. The city’s CIO and Smart City director Itzik Carmeli,67 explains: “We decided to have only an online-registration, and we ran into problems in one specific neighborhood in Rishon LeZion.” They learned that this population suffers from low access to the Internet alongside matters of trust in technology. He continued describing the parents’ concern and suspicion of a system without a human element: “They are less trusting of technology. Many parents [think] that if they don’t come here and see the person complete the registration forms with their own eyes, how can their child go to kindergarten.” Another issue relates to the digital infrastructures in the city. The City Council had the thought to connect weaker neighborhoods to the Internet so there would not be a physical access divide. However, Carmeli explained that this idea was dropped because of the significant cost of installing a WiFi network and wireless modems in order to connect residents. As CIO, he opposed this move because every system requires maintenance, and the city cannot take on that responsibility. Furthermore, there is a disconnect between the infrastructures The main project in Rishon and the hardware in residents’ homes: “In the end you visit a home in which there LeZion is connecting all is a computer. It might be old, it might or might not work. There is no support schools in the city to fast center that can manage this issue. It would mean making the entire operation very broad, we can’t handle it.” Instead they decided to focus on connecting all Internet services. Focusing of the schools in the city to fast Internet services. The city deployed optical fiber on the educational system cable throughout the city, and is now connecting all educational institutions ensures that, at least in school, and city agencies to fast Internet, which will facilitate maximal usage of the every child in the city will be computerized communication infrastructures that the city installed in schools able to benefit from and learn as part of the “Smart Classroom” program. Focusing on the educational system using computerized systems ensures that, at least in school, every child in the city will be able to benefit from and fast Internet.

66 Hatuka and Zur, “Who Is the ‘Smart’ Resident in the Digital Age?” 67 Itzik Carmeli (CIO and Smart City director, City of Rishon LeZion), September 8, 2016.

121 The educational system is computerized systems and fast Internet. The educational system is a place a place where all children in where all children in the city meet, and therefore this is an investment by the the city meet, and therefore municipality in public goods. Furthermore, the municipal infrastructures and the this is an investment by the city’s contract with a supplier is also meant to reduce the cost of connecting municipality in public goods. consumers’ private homes. • Developing infrastructures with cultural sensitivity: various neighborhoods, Jerusalem Itzik Nidam, Head of the Operations Administration in Jerusalem,68 and Itamar Kornfeld, the city’s CIO69 claim that the key to the city’ development is unequivocally to be found in digital infrastructures. As Nidam explains, “If we could create more communications infrastructures, the sky would be the limit.… But we do not really have the money here. If we had a lot of money I would go for infrastructures.” A fiber-optic infrastructures is necessary for every aspect of a digital city – schools, intersections, security, parking management and garbage collection. As Kornfield explains: I think that the most important investment is in communication infrastructures. If I can give schools digital infrastructures, that means that the teaching will be better. If you use more communications, if you install a smart board in each classroom, and each classroom has a workstation for the teacher. Think about the fact that schools have one classroom like that and everyone else is studying with a blackboard and chalk. This is our next generation, and I think that, in the end, an investment in municipal infrastructures will provide a solution for residents and businesses. Nidam stresses the difference between using a cellular infrastructures, which is vulnerable to the weather and breaks in service, which can be unstable and a digital Between the different infrastructures. Nevertheless, between the different areas and neighborhoods of areas and neighborhoods Jerusalem there is a large gap in terms of existing infrastructures. For example, in of Jerusalem there is East Jerusalem70, where Palestinian population is concentrated, there are almost a large gap in terms of no infrastructures, and therefore the project to install buried trash containers with existing infrastructures. sensors is complex. In neighborhoods where the drainage, water and electrical infrastructures has been mapped, the city knows where to install the containers but the infrastructures has not been mapped in the Arab neighborhoods and is not as orderly. Furthermore, it is necessary to think differently in order to adapt technological projects to those neighborhoods. Therefore, the municipality decided to start with Arab neighborhoods where more information is available based on mapping drawn for the purpose of the light rail system, for example Beit Hanina. The municipality lacks many resources necessary in order to supply basic and innovative services to all of the population, but Nidam thinks that digitization has the potential to close gaps. Data driven technologies can help in assessing the real needs in the city, in his words, by gathering “real data on the situation in trash containers, the garbage situation, the parking situation, who pays and who does not pay. Then we will have a genuine portrait of the situation based

68 Itzik Nidam (Head, Operations Administration, City of Jerusalem), March 19, 2017. 69 Itamar Kornfeld (CIO, City of Jerusalem), March 19, 2017. 70 The eastern part of Jerusalem was occupied by Jordan during the 1948 Arab – Israeli War. Since the 1967 Arab – Israeli War, East Jerusalem has been, along with the rest of the West Bank, occupied by Israel.

122 on accurate data, and see what is necessary in the field and not based on some feeling or someone’s personal perspective.” It is likely that the digital city will make it possible to learn who needs more and where, and thereby influence the fair, efficient and more correct distribution of resources. The issue of social groups and cultural adaptation occupies policymakers in Jerusalem. Jerusalem is home to a large ultra-Orthodox population that requires specific adaptations of technology. Thus, for example, garbage sensors were opposed by the ultra-Orthodox because they broadcast on the Sabbath.71 They pressed this opposition by way of councilmembers. From their perspective, burying the containers is not an issue but the sensors are. So the city is attempting to find solutions, as it did with the cameras to which the ultra-Orthodox also objected until it was demonstrated to their satisfaction that no Jews are making use of the cameras on the Sabbath. The independent broadcasts by the system do not create an issue; they have a problem only if the person receiving and using the information on the Sabbath is Jewish. The issue of social groups and However, despite the image of a digital gap in Jerusalem with its ultra-Orthodox cultural adaptation occupies and Arab populations, Kornfeld and Nidam say that the entire registration to the policymakers in Jerusalem. educational system is online. Many of the ultra-Orthodox register their children Jerusalem is home to a large for private schools, and the Arabs have no problem with this, and the use of digital ultra-Orthodox population that technologies is widespread. Therefore, Kornfield believes that the digital divide requires specific adaptations in the city is not as dramatic; in terms of access, most of the population owns of technology. devices that allow communications, either computers or smart phones, particularly since prices have greatly decreased. Furthermore, the various populations each find their own way, like such as the “kosher72 phones” used by the ultra-Orthodox population. In his words, “they create solutions on their own.” • Developing Digital Literacy: National Pilot in Be’er Sheva Be’er Sheva was chosen by the government to be the first digital city in Israel. In the context of this decision, the Be’er Sheva municipality, in cooperation with the Ministry of Education and coordinated with the headquarters of Digital Israel National Initiative , is promoting the pilot for national program for adapting the educational system to the digital era.73 Beyond this, the city is working to expand online services and develop digital literacy of various populations in the city. As Yehud Marciano,74 explains: The city needs to remember that there are many different types of population in the city, and many different types of users. We need to provide the service for everyone – there are senior citizens, there are new immigrants, there are children, there are elderly people, there are people with disabilities. We need to see how we can make each of our solutions as well-suited as possible for everyone, because not everyone has a smart phone and not everyone has a cellular phone. We have a very interesting project with the university on digital

71 The Sabbath, observed from Friday evening until Saturday evening, is the holy day in Judaism. Sabbath observance entails refraining from work activities, commercial transportation and any activity using electricity, in order to engaging in restful activities to honor the day. 72 See note 58, above. 73 As reported in a press release of the Digital Israel National Initiative in the Ministry of Social Equality, “Digital city for education,” August 4, 2016 https://www.gov.il/he/departments/news/beer7edu 74 Yehud Marciano (Chief Officer for IT and Innovation, City of Be’er Sheva) September 15, 2016.

123 literacy of senior citizens. We bring senior citizens to the Innovation Center, and train them in using basic digital tools: surfing the Internet, Facebook, how to make a purchase on eBay… This is well thought of and fun, and makes a contribution to this population. In Be’er Sheva, thought In Be’er Sheva, thought is being given to using technology for improving welfare is being given to using services and the communication between different educational and welfare technology for improving service providers Marciano adds: welfare services. The question is how to use digital means to improve the welfare situation in the city? This is very complex – the largest gaps lay there. Let us take two challenges for an example. First, there are many agencies that provide welfare services: the municipality, the Ministry of Welfare, and the National Insurance Institute (NII). Plus, there are many types of nonprofit organizations that provide all sorts of things to many different people, and there is no synchronization. There are points of contact but I am talking about synchronization that can provide results that are much better than those being obtained today. Second, is the utilization of rights. For example, education and welfare. If there is a problem at home, then the child has trouble in school. In that situation – to what is he entitled from the Ministry of Education? From NII? No one knows what the child is entitled to. Therefore they don’t take advantage of their rights. And if you do not take advantage of it what is done with the money? These are complex circles of knowledge and actions. And it is possible to improve the welfare situation. These are two of the challenges, and there are many more… If only we could solve them using technological means we would have done something big. The city of Be’er Sheva is currently operating a Welfare Ministry initiative entitled “Circles of Culture Initiative,” which is intended to define a uniform scale for welfare care in all cases. Marciano explains, “So that we don’t create a situation in which social worker A and social worker B define different scales of care for the same case. Documentation also needs to be within the system, but there are many difficulties with this. The plan is to have a clear architecture for the digital system, and professional standards for all of the technology companies that supply software solutions for municipalities.” Marciano, as Chief Officer for IT and Innovation in the city, is striving to introduce technological tools that can Thought patterns, according improve the performance of the system, allow metrics for success and make to Marciano, on “return both the system and the services smarter. However, he clarifies that there is a on investment,” which substantial difference in the business arena and the municipality, which is a public characterize the business agency intended to serve residents. Marciano criticizes the penetration of the sector are inappropriate for business sector logic, evaluating ‘return on investment’ (ROI) as inappropriate the public sector where it for the public sector. Instead he suggests to think about a different ROI, “return is necessary to think about on influence.” Marciano explains that a municipality must examine, on a strategic “return on influence.” level, what is the influence of the solution on the population receiving the service, and not how much money it saves. Furthermore, he adds, “A municipality needs to provide welfare services, period. It needs to provide educational services, period. It cannot make a profit. Yes, it has income from property taxes and income from parking, and if parking enforcement is more efficient, the income will increase.

124 But you have to remember that even if there is no money, it needs to provide the service. Things need to be considered from that perspective.” • Economic Savings: Transition to Energy Independence, Eilat Currently, 70% of the electricity used in the city of Eilat is solar, and the goal is Currently, 70% of the electricity for the entire city to use only solar electricity within five years. Deputy Mayor used in the city of Eilat is solar, Eli Ankri75 explains that for the city this means saving NIS 12 million every and the goal is for the entire year, and for individual citizens there is also substantial savings in the cost of city to use only solar electricity electricity. In a city where many households have limited means, this can be very within five years. significant for their economic welfare: I am certain that the issue of solar roofs, for example of private homes, will be a challenge, dealing with it will not be simple. But if there are 9,000-10,000 households in Eilat, we will succeed with 2,500. Now these residents will transmit the message onward. We see our role as a city is helping residents deal with the difficulties related to the specific characteristics of Eilat.76 It is not for nothing that we are fighting a vigorous battle to maintain the special status of the city. If it does not happen, and we cannot retain these benefits, we will not have any residents here. The City of Eilat considers itself responsible for the economic welfare of households. The City of Eilat considers Its concern with the high cost of living and lowering costs integrates well with its itself responsible for solar revolution, which is not limited to using alternate energy in public buildings the economic welfare of but also attempts to influence private households. Ankri adds: households. We mapped all of the private roofs in the city, and the roofs of businesses and hotels in the city. Basically we are going to take advantage of the roofs. According to a cautious estimate, we can produce at least 30 mega. The idea is for us to facilitate savings for households. Basically using solar panels, when we do all the work for them, the processing, the accompaniment, the contract with suppliers, the bank – we brought in banks for financing – basically everything, [we] showed that this is an economic program, and certainly give them freedom to decide. We are not forcing anyone. We are hoping that families will understand that this gives them the potential to save at least 40% on their annual electric bill, which can be tens of thousands of shekels per year. Avinoam Nahari, who heads the municipal Organization, Methodology and Information Systems Division,77 describes the digital divide in Eilat: During a school project we suddenly discovered that there are gaps between the children. Some doesn’t have computers. So we started the Computer for Every Child Project, we focused on all of the children, we made sure that they had computers. This is a divide that we were able to resolve quickly, but it is not enough. This is something

75 Eli Ankri, (Deputy mayor, City of Eilat), November 23, 2016. 76 Eilat is the southernmost city in Israel, located on the border with Jorden and Egypt and the Red Sea. It enjoys a desert climate which makes it perfect for solar energy. The peripheral location and distance from other cities present many challenges for the city and its residents. 77 Avinoam Nahari (Head, Organization, Methodology and Information Systems Division, City of Eilat) November 23, 2016.

125 that needs to happen, every four years [it is necessary] to replace them. Establishing the project isn’t the main thing, it is maintaining the project that is difficult. When we discuss technological projects, everyone is in favor, but maintaining them in the long run, is very, very difficult.” Regarding access, the city of Regarding online services, the city of Eilat is making a major effort to make them Eilat is making a major effort accessible, and is even going to residents’ homes to help those who cannot pay and is even going to the homes online or come to office hours. Nahari explains: “We discovered problems for older of residents who cannot come people who cannot come to pay and then receive warning letters. So we set up a [to the center] themselves or team that goes to their homes, with a laptop and mobile printer. That is also part use the online services. of the Smart City project. This is something new.” He made it clear that they do not provide this service for everyone; rather they are connected to the welfare services, and know needs assistance (i.e., handicapped, elderly). He added, they also use this data “for GIS emergency information. We entered them [into the system] because of the security issue – blind people, older people living alone, people who have difficulty being alone, walking, or going up the stairs. Then if, God forbid, there is an incident, the GIS system displays a polygon, defines it, locates it, and displays all of the data related to that polygon.” In order to create major change In conclusion, digital access and orientation is a central issue in Israeli cities. All for all population sectors in cities have to deal with populations that do not use online services for diverse the city, it is necessary to think reasons – literacy, lack of trust in the system, religion, age and more. As a result, deeply about the connection most of the cities in Israel are in a transitionary stage, in which they are careful between inequality and to maintain human services that provide in-person responses. Some offer digitization, as an opportunity services in a variety of languages according to the needs of their population to close gaps. and some go beyond that in order to train populations that are interested in digital know-how or even go to their homes if they require assistance. In order to create major change for all population sectors in the city, it is necessary to think deeply about the connection between inequality and digitization as an opportunity to close gaps.

Figure 4.1 Material wealth Variables that Influence Internet Income Skills and Create Digital Gaps Cultural capital Education

Low Socioeconomic status High

High Level of Internet skills Low Uses the Internet as an Uses the Internet primarily informative tool as a tool for entertainment

126 Table 4.2: Social Initiatives by Cities in Israel

Herzliya Tel Aviv-Jaffa Rishon LeZion Be’er Sheva Eilat

Conception of Promote business Reduce inequities Overcome the digital Support individuals Improve residents’ Equity by the City opportunities to between populations divide in the city in need, offer diverse financial and all residents in the north and array of services sustainable well- south sections of and promote being the city digital literacy

Social Initiative The city’s accelerator DigiTel resident High-quality Digitization Energy saving is an open hub for card provides internet for the city’s of welfare by connecting innovation and discounts, real- schools and Smart services; Digital households and all entrepreneurship, time information Classrooms literacy training municipal buildings encouraging and encourages to solar power; cooperation with the participation for Smart Classrooms; hi-tech industry all residents Smart Assistance (i.e. bringing municipal services to homes of residents who are less mobile).

Social Impact: Open to all residents Primarily benefiting Pupils in the Populations in Aims to reduce Who Benefits? of the city populations with municipal financial need private households’ less means education system (Registered expenditure on for welfare electricity. The services; elderly) municipality will save an estimated NIS 12 million per year.

Use of Technology Using technology for Investing in Using digitization Investing in digital affirmative action digital infrastructure to improve and infrastructure standardize services and using data to direct services to populations in need

127 The digitization processes occurring in many arenas facilitate access to education IV and information, and can create new opportunities for varied populations. Planning However, these processes can also lead to enlarging existing gaps and creating new differences because of a lack of access to digital infrastructures and efficient Recommendations: digital skills. Therefore, it is important for policymakers to understand and be Inequality familiar with the digital literacy of city residents in order to avoid deepening social gaps. Furthermore, innovative social-digital thinking is needed to mobilize the opportunities made available by the technological revolution and smart city initiatives for social aims, related to welfare, deprivation, educational gaps, geographical constraints, cultural differences. Below are several recommendations regarding digital equality:

Ü Examination of technological initiatives or applications in the context of the social groups in the city Analyze the digital skills of groups within the city considering spatiality, age and The digitization processes ethnic origin. An analysis of this type will help map the suitability of each group occurring in many arenas for the initiative, and their willingness (or lack thereof) to use online services, as facilitate access to education well as the appropriateness of the initiative for all sections of the city. It further and information, and can makes it possible to develop recommendations and contextual tools. create new opportunities for varied populations. However, Ü Development of a specific strategy for influencing the these processes can also social realm with emphasis on technology lead to enlarging existing Examine the connection between inequality and digitization, as an opportunity gaps and creating new forms to reduce gaps, with emphasis on projects related to distribution of resources, of inequality. participation, access to information, education, and opportunities to reduce gaps within the city.

Ü Establishment of an incentive policy for companies to adopt the principles of inclusive digital design The municipality as well as the national government can incentivize and prioritize initiatives, enterprises, companies and projects that promote social inclusion, varied populations, reducing gaps and optimal distribution of resources to populations in need. Thus, when developing each product, interface or project, it is necessary to think about the social aspects, language and design adaptation, and accessibility for different populations. Access to information and education must include leaving non-technological means and responses in place, in order to allow freedom of choice and respect those who choose otherwise and do not (or cannot) use the digital option.

Ü Creation of a support system for the community in developing and reinforcing ICTs For the purpose of assimilating technology in the entire population is necessary to emphasize digital education. On the city level, it is important to develop an eco-system of digital support by recruiting the local population and educational institutions in the city (schools, cultural and sports centers, community centers and libraries). This eco-system can help with support, training and creating opportunities for learning, as well as acquiring digital skills and using them. Community centers and other local institutions are focal points for challenging digital inequality because of their familiarity with the demographic characteristics

128 of the community (youth, adults, immigrants, more or less affluent people and the level of Internet access at home) and the needs of the residents (local initiatives requiring support, small business owners who want to improve their online functioning, educational enrichment and helping children and teens acquire skills).

Ü Development of social mobility tracks using digital skills The gap in ICTs skills should be seen as a spectrum. In order to deal with a wide The gap in ICTs skills should be range of users, cities must not only deal with the financial and social barriers that seen as a spectrum. In order prevent certain groups from being digitally involved, but also with the barriers to deal with a wide range of that prevent some populations from acquiring advanced skills in the realm of users, cities must not only ICTs. These technical skills, which are required for many positions in technological deal with the financial and industries, have long been the preserve of well-connected, Western men, who social barriers that prevent traditionally had greater access to digital education, and fill these positions. certain groups from being Therefore women, minority groups, people with disabilities, people from low digitally involved, but also income backgrounds are still minorities in technological industries. This is a difficult with the barriers that prevent problem when dealing with a modern city which is designed largely by technology some populations from and urban planners who come from sectors that lack varied social leadership. acquiring advanced skills in the Incorporating digitization in urban planning in the digital era is multifaceted: realm of ICTs. it needs not only to cover basic education, but also provide advanced digital training for unrepresented population groups. This requires cooperation of all interested parties – technology companies, local companies, schools, community managers and social activists.

129

Policy Recommendations 5 for the Digital City

Ramla, Israel (Photo: Laboratory for Contemporary Urban Design) Policy Recommendations 5 for the Digital City

This guide recommends The Smart City is not independent entity, but rather part of broader adjusting to the digital era technological changes that influence the lifestyle of the city’s residents. by developing a structured, Furthermore, the term smart city should be used cautiously and critically; long-term framework that it is preferable to adapt more inclusive thought about digitization in offers policy, institutional the city. Therefore, this guide recommends adjusting to the digital era entrepreneurship and projects by developing a structured, long-term framework that offers a horizon that contribute to the well- of policy, institutional entrepreneurship and projects that contribute being of residents. to the well-being of residents. A clear vision can promote substantive processes of change, instead of branded projects whose influence, if any, is short-term. In an era when a new idea in urbanism emerges every decade and many players have an interest in interfering with municipal resources and capital, elected officials should function as gatekeepers who protect the public treasury, public interest and the common good. In recent decades, diverse planning concepts have emerged to offer ideological, political, economic and social agendas for urban development. The more prominent ideas, which are considered sources of innovation, success, abundance, and prosperity, include: the global city, the sustainable city, the resilient city, the creative city, and the smart city. Most of these ideas are adopted by municipal policymakers in an attempt to stabilize and improve their position in global and national competition. Cities, in Israel and around the world, develop strategies based on varied perceptions and conceptualizations of the city, and tend to consider them a system of tools or strategic approaches to development. Moreover, “global city,” “sustainable city,” “resilient city,” “creative city,” and “smart city” have become marketing tools for municipal projects that come and go based on fashion, and the pressure applied by external consultants, the private sector and the climate of competition between cities.

132 The idea of a smart city, one of the more contested ideas of the present moment promises the integration of Information Communications Technology (ICT), data collection and cyber systems as a way to reinforce the connection between residents and municipal infrastructures and systems. This idea was propagated in and promoted by the private sector, The idea of a smart city was which saw an economic opportunity in penetrating the municipal market propagated in and promoted and working with the public sector. Pressure from the private sector and by the private sector, which the desire for urban-economic renewal, as well as competition between saw an economic opportunity cities for resources, contributed to the accelerated development of digital in penetrating the municipal enterprises in cities around the world. However, when these ideas are market and working with the used primarily as a tool for branding, they lose their substantive power public sector. to create change and lead long-term thinking about changing the face of the city in light of a vision with specific goals. Thus, these ideas are unsuccessful in achieving their promised goals and purposes, whether those are sustainability, creativity, innovation or efficiency.

133 I Conclusions: This section summarizes the principal conclusions that emerge from The Digital City the chapters of this guide, and presents the subjects that should be considered when introducing digitization process and projects in cities.

A. Planning Strategic Thinking about Cities in the Digital Era

As a rule, smart city policy imposes an agenda based on performance indices on the city, measuring mainly the technological infrastructure of the city. However, these indices do not accurately measure the qualities of the city and its residents’ lives. Being “smart” means understanding the city as a multidimensional variable that encompasses quality-of-life, environmental sustainability and citizen participation. Technology cannot make a substantive change if the characteristics and needs of the city are not considered. These are our main conclusions regarding the planning and consolidation of digital initiatives: Starting point: Recognizing the centrality of the resident in the municipal data revolution. Smart governance uses ICTs in order to develop new channels and platforms for direct communication between the city and its residents. Therefore, smart governance is based on four principles: 1) information sharing and access; 2) increased public participation; 3) optimal management; 4) service- orientation. However, smart governance also raises a variety of ethical issues, mainly: 1) privacy and information security; 2) impinging on freedom of choice; 3) possible damage to freedom of expression; 4) exclusion of certain groups, increased inequality and diversion of resources. A local authority that develops a new communications and data platform for residents must examine the possible damage to privacy, freedom of choice, freedom of expression and the exclusion of parts of the population thoroughly, and then balance the platform’s advantages with the potential risks. Most cities in Israel are Planning: Developing a municipal-digital vision. Most cities in Israel are proceeding without a proceeding without a systematic strategic plan for digital processes, as shown systematic strategic plan for by the field study conducted in ten Israeli cities. The origin of this dynamic can digital processes, as shown by be found in both the pressure exerted by the private sector and the absence of a field study conducted in ten a structural framework for assimilating digital processes in the city. It seems Israeli cities. that cities adopt systems that are similar to initiatives that become standard, and only a few make the effort to distinguish themselves regarding their smart city agenda. A limited number have established a dedicated team to conduct a broad, comprehensive examination of digital initiatives, and included on the team professionals who might be able to assess the economic, planning and societal impact of these initiatives on the city. Private companies want to be involved in planning the municipal vision as part of their efforts to sell their technological systems and solutions. This involvement of private companies in vision development is a new work model for cities, which previously defined their own vision, with the assistance of professionals who studied the public interest, not companies who have a commercial interest in

134 the result. As elected, public officials, the municipal authorities are entrusted with developing the city’s vision with accordance with the public interest, and must continue in this role, protecting residents from the involvement of parties concerned with their own profit. Technology companies can share their experience, expose officials to new possibilities and expand their imagination, but care must be taken to ensure that they remain suppliers of services and nothing more. Cities without a clear vision for the digital city are more likely to promote initiatives Cities without a clear vision for that have no structural connection to the urban context, making their feasibility the digital city are more likely low. Cities that have developed a municipal strategy can prioritize projects, use to promote initiatives that resources more efficiently and better manage their relationships with the private have no structural connection sector, because they have an agenda that guides them and keeps from scattering to the urban context, making their efforts into experiments in diverse fields. There are also substantial intra- their feasibility low. Cities that organizational advantages to having a senior management group that provides have developed a municipal comprehensive leadership for digital development. strategy can prioritize Context: Learn and focus on the needs and qualities of the city. Many cities projects, use resources more do not consider digital initiatives in the context of their needs and abilities. Every efficiently and better manage city has a context that requires deep examination and scrutiny when choosing their relationships with the the desired digital development. Hierarchical, incomplete thinking should be private sector. avoided, as well as ranking cities as “smart” or “victorious.” Rather, thinking about the changes, challenges and opportunities that the city can expect to face in the digital area should be preferred. Knowledge: Familiarity with initiatives and market technologies. Despite the differences in the issues emphasized and the branding of the digital campaigns, there is little variation between the types of initiatives used in different cities. Furthermore, the range of digital tools is limited, and therefore the initiatives adopted by all cities are similar, in four principle areas: 1) administration – upgrading online services and establishing a control center; 2) contact with residents – apps and resident cards that supply information, benefits and services; 3) businesses – encouraging entrepreneurship with the goal of forming technology hothouses and accelerators; 4) intervention in the urban space – issues of security, transportation and sanitation. Management: Understanding and updating the role of municipal government as a mediator and enabler of data-oriented services. A few cities have adopted a societal-governance approach to technology, meaning changing the focus from the physical dimensions of broadband technology as permanent infrastructure for the digital economy to an approach that positions the authority in a role of mediator and enabler for data-oriented services. Unlike approaches that are focused on processes of streamlining and engineering, municipalities should focus on the connection between technology and society so that the digital infrastructure influences the life of citizens, structure of work, social interaction and changes in industry, regulation and market structure. Shared resources: Moving from a concept of competition between cities to regional, cooperative thinking. The private sector promotes the ideal, utopian dream of the smart city and cultivates an attitude of municipal, national and global competition. Yet, the smart city offers utopias that fail to meet the test of reality. Thus, rather than adopting the smart cities ideas, municipalities should think about

135 making their needed changes by taking advantage of the opportunities presented by the digital age, perceiving it as a cumulative process of technological-civil development. The process should be led based on specific characteristics of the city, from a wide perspective, taking into account the local, regional and national Municipalities, particularly context. Municipalities, particularly those that are geographically adjacent, will those that are geographically find it more profitable to share resources rather than adopting a competitive adjacent, will find it more approach as solo, long-distance runners. The regional advantage functions profitable to share resources differently, but is as correct for cities and local authorities in densely populated rather than adopting a central regions, as it is for cities and towns in peripheral areas. competitive approach as solo, long-distance runners. The System: Developing structural mechanisms for involving the regional advantage functions private sector. differently, but is as correct for 1. Constructing mechanisms that moderate the pressure applied on local cities and local authorities in authorities. Private technology companies want to become involved in the densely-populated central cities, and pressure local authorities. However, this connection between the region, as it is for cities and private sector and local government needs to be managed and regulated towns in peripheral areas. by developing formal procedures, and making sure that they maintain their power in constructing long-term partnerships with private companies. 2. Constructing a mechanism for examining digital pilots. Many technology companies propose establishing a relationship based on pilot projects, but initiatives and pilots are not always beneficial, they can be harmful. Indeed, they might make the work of the local authority more efficient, but they frequently become burdens and disrupt routine work. Furthermore, the introduction of a service as a pilot for which payment is not required, must be thought out carefully as the city may well lack the operational resources required to continue. Furthermore, there is a lack of research and empirical experience regarding the implementation of technological initiatives on the city level, and therefore the risk level when entering into these arrangements is unknown. From this perspective, there is a difference between large authorities with substantial management systems and large staffs, and medium-sized and small authorities that will likely have difficulty handling digital initiatives, not to mention maintaining them in the future. There is also risk inherent in the possibility that the municipality will develop dependence on a technology company. Therefore, the substantive value offered by the service, system or initiative must be considered and compared with the economic and human resources that it requires.

3. Developing a joint mechanism for authorities to share information on digital initiatives. Municipalities and the public sector would be able to improve their standing vis-à-vis the private sector if they were to work together, share information on technology companies, and jointly develop systems, ideas, datasets and understandings. Thus, the public sector could maintain its autonomy and effectively supervise the technology supplier companies.

136 Acquaintance with the Opportunities and Risks of the B. Technology Digital Era

The assimilation of computer technology in a city creates a new space that integrates information systems code into the urban space. In this new space, the city’s code is largely determined by the urban experience, perceptions of the experience of residing in or visiting a digital city, the economic opportunities the city offers, the degree of freedom and choice enjoyed its residents and the level of services provided to them. This code is constructed by cumulative decision- making concerning the character of the digital city projects, the technologies Although local digital used, their design, and how the technologies are assimilated and secured. The applications may well improve main conclusions from our field analysis of several models used by digital cities specific processes and the in Israel: city’s visibility, applications Comprehensive planning for the digital city. Although localized uses may that will substantially change well improve specific processes and the city’s visibility as a place of innovation, the life of residents cannot applications that will substantially change the life of residents cannot be created be created without the without the wide-spread technological infrastructure needed to access data and wide-spread technological have broad interaction with users. These infrastructures may be physical (e.g., infrastructure needed to deploying ICT sensors and components in the city) or logical (e.g., data storage or access data and have broad GIS systems). However, the infrastructure and applications need to be developed interaction with users. in parallel, because it is difficult to justify the resources required to maintain infrastructure that has no clear application (or only a few initial applications). Moreover, the system will not be tested in an optimal manner. The digital city as an ecosystem. Many projects in smart cities focus on solving specific problems; however the cities that are leaders in the digital field rely on an ecosystem of startup companies, resident involvement and municipal services. An ecosystem of this type can be created around data or infrastructure that the city provides, but cooperation, data and infrastructures are all necessary. Appropriateness of the technology for users. By definition the population of The field research we the city is heterogeneous; in digital cities it is essential to find ways to design conducted indicates that there systems that are resident-centered. The design must consider the unique are indeed large differences characteristics of residents and their rights in municipal democracy. between cities in terms of Uniqueness versus standardization. Our analysis of activity in the field shows cyber readiness. Cities with that the digital activities of many city are similar. This phenomenon has both a strong IT infrastructure are positive and negative aspects. The advantage is the ability to lower the cost of capable of providing solutions, standard software and hardware, because of expected growth in the market. and indeed their systems are This can also lead to the professionalization of suppliers and accumulation of on the forefront of technology experience for fewer applications. However there are also several risks. First, and organizational procedure. standardization can lead to the increased power of a small number of suppliers, as Conversely, cities with smaller was the case in many other forms of organizational software. Second, it can lock computer systems are less cities into a small number of suppliers, and hinder the city’s ability to change and protected and lack resources, update technology. Third, standardization can cause a city to lose its uniqueness personnel and know-how and create identical spatial codes, bored residents and the lack of momentum. required to provide solutions Technological developments heighten the vulnerability of digital city. As the required in the digital age. use of technology and digitization increases, so does the risk of a cyberattack on the city and threats to its data security. The characteristics of smart cities expose

137 them to unique attacks, beyond the usual ones mounted against data systems connected to the Internet – such as attacks on ICT and physical networks. These threats can be directed against applications, databases or logical infrastructure, as well as physical infrastructure and ICT components. The most serious threats are the intentional ones including attacks, hacking into data, stealing data, changing data and unauthorized access, but accidents and malfunctions are also a serious risk. Increased readiness for cyberattack. There are serious gaps in the preparedness of Israeli cities to contend with a cyberattack. Field research that we conducted indicates that there are indeed very large differences between cities in terms of cyber readiness. Cities with a strong IT infrastructure are capable of providing solutions, and indeed their systems are on the forefront of technology and organizational procedure. Conversely, cities with smaller information systems departments are less protected and lack resources, personnel and know-how required to provide solutions required in the digital age.

C. Privacy A Basic Right and Advantage for the Quality of Urban Life

The governance model of a digital city is an intersection of change and innovation. On one hand, there are opportunities for creativity, cooperation, improved services and connection with residents, for inviting involvement and changing traditional intra-organizational work patterns. On the other hand, the digital changes in progress raise a variety of issues that require complex legal solutions, increased monitoring and supervision, and are detrimental to privacy. Governance in the digital age requires the municipal authority to change, and comply with high standards of transparency, accountability, and constant consideration of the entire population to avoid not increasing digital divides, and assure that existing gaps are not embedded in the digital environment, thereby intensifying and create new forms of exclusion. Israel and many other Israel and many other countries are currently in the midst of a social, political and countries are currently in the legal re-negotiation regarding the boundaries of privacy. The relationship between midst of a social, political and cities and privacy is complex and dynamic. On one hand there is dependency, legal re-negotiation regarding and on the other, struggle: Privacy requires the city, and the city requires privacy, the boundaries of privacy. The while at the same time limiting privacy. Digital cities are a new chapter in an relationship between cities ongoing dialogue between the authorities and residents of the city concerning and privacy is complex and the limits of privacy. The introduction of new technologies facilitates the collection dynamic, with tension between of additional types of data that could not have been gathered previously, and dependency and struggle. the processing of data with other data sources within the city and elsewhere, processing data in order to identify general trends and create personal profiles of residents, and transfer of data about residents to other agencies, within the city administration or beyond – to market players or other governmental authorities. These are our main conclusions: Big data: New opportunities and risks. The municipal authority in a digital city has the technical capability to gather a greater quantity and variety of data than previously possible. This data might relate to residents of the city and include personal data about where they live, their family status (whether they have

138 children in the educational system), their medical and financial situation (who is eligible for assistance from the Welfare Department), their lifestyle (use of garbage containers and other infrastructures, as well as benefits granted by the city), on their behavior in the public sphere (as observed by CCTVs), and if the municipality shares data with third parties, additional data. The data can be used to improve citizen services, but there is also a structural risk because of the balance in the relationship between the authority and the citizen has changed; there is concern about function creep for other purposes, and there is a risk of detrimental use of data by people who have access to it. The ease of amassing data and converting it into commercial value in the information age. Thanks to new technologies gathering data is now easier, simpler and less expensive than ever before. Additional data is now created as an inseparable part of almost every action – movement through space, financial transactions, commerce, medicine, interpersonal communications, and more. This is our digital trail. Many parties are interested in this data for business, governmental and private use. Recognizing privacy as a legal right. Beyond being a social norm, privacy is Beyond being a social norm, a legal right, and is protected in diverse contexts, in different ways depending privacy is a legal right, and is on the players involved and the type of data. These distinctions are important protected in diverse contexts, for the current discussion, as they are intertwined in the digital city, making it in different ways depending on somewhat difficult to formulate appropriate legal arrangements. Although there the players involved and the are differences between countries, the law attempts to follow the successive type of data. stages in the life cycle of data and create possibilities for the data subject (to use European legal jargon) to control his or her personal data, whether directly or through public enforcement. This is the overarching principle of Fair Information Practices (FIPs), a system of principles for protecting privacy of private data that is accepted in most of the Western world, including Israel. The GDPR increases protection on privacy. The General Data Protection Regulation (GDPR) obligates organizations to a high standard of consent when collecting and processing personal data and requires incorporating data protection in the systems themselves, ex ante rather than ex post. The GDPR, which took effect in May 2018, raised the threshold for the consent required from data subjects; using opt out as the default is no longer sufficient, rather informed, opt-in consent of data subjects is required. Lacking this consent, no personal data may be collected, unless another legitimate basis applies. The GDPR grants the data subject the right to withdraw his or her consent, and adds the “right to be forgotten.” The GDPR imposes a new obligation on data controllers, to report data breaches. The obligation to introduce organizational technological protections for privacy. The GDPR requires organizations to conduct a Data Protection Impact Assessment (DPIA), appoint a Data Protection Officer (DPO), and also to use a Data Protection by Design (DPbD, or simply Privacy by Design) process in order to embed privacy directly into the technological system. These important changes reflect the spirit of European law, in which privacy is protected not only by determining rights and obligations, but also through efforts to incorporate privacy protection in the systems themselves – among the people working on the projects – ex ante rather than ex post.1

1 The details of Israeli law currently differs from European law but the spirit is similar. Many, but not

139 Privacy as a legal right in Israel. Israel does not have specific legal regulations for digital cities or municipal activities regarding specific initiatives related to digital infrastructure. Local authorities are subject to the general provisions of the Municipalities Ordinance (New Version), and the Privacy Protection Act. Gathering and processing data must meet the requirements of the Basic Law: Legitimating any harm Human Dignity and Liberty. Legitimating any harm to privacy requires legal to privacy requires legal authorization, which may be found in the Municipalities Ordinance or a specific authorization, which may be authorizing legislation; it must be for a proper purpose, and most importantly found in the Municipalities it must be proportional. The authority must ascertain that it is not violating the Ordinance or a specific classical privacy of residents (e.g., photographing the private domain or wiretapping authorizing legislation; it must anywhere); they must comply with the database regulations (stated in chapter B be for a proper purpose, and of the Privacy Protection Act), to the extent that there is a database, as well as most importantly it must be with the Privacy Protection Act (Data Security) that also took effect in May 2018. proportional. Individual check by each municipality. The data protection laws are universal, namely, they apply to all situations, and do not specify how to act in each particular situation and therefore their application is dependent on circumstances. All municipalities must examine the legal aspects of all new technological systems they wish to deploy. Individual authorities may have unique circumstances that will yield different results, and therefore each municipality has the responsibility to make independent decisions. Ignoring the relevant considerations could potentially lead to voiding a decision. Clearly,a municipality is permitted to weigh only relevant considerations, and must not introduce unrelated factors. Necessary administrative work and intra-organizational processes. Accordingly, a municipality must invest in internal, managerial preparation as part of the planning stage, before deployment in the field. This requires intra-organizational processes: the municipality must clarify the purpose for which the data is being collected, define it carefully and examine its legitimacy (“proper purpose”). It must identify the authorizing legislative anchor, and comply with the principle of proportionality, it must examine alternatives that do not impinge on privacy. Only if cannot be avoided, may the minimum amount of essential data be collected and processed, and care taken to comply with all provisions of the law. The consent requirement for gathering data is the main difficulty faced by municipalities. When data about people gathered while they are moving through and making ordinary use of the public domain, there is no real possibility of informing every resident individually, and requesting his or her informed, freely- When there is a direct meeting given consent. When there is a direct meeting point between the municipality point between the municipality and residents, it is possible and important to request explicit informed consent, and residents, it is possible and care can be taken to ensure that it is freely given. An example would be a and important to request service such as like a resident card, as long as the resident may refuse without explicit informed consent, and any detrimental results. Otherwise, the consent is not genuine and certainly care can be taken to ensure not freely-given. If, for example, registering children for school is conditional on that it is freely given. consent to receive a resident card, which means that data will be collected, the consent obtained is not freely-given. If the benefits are not related to essential services (for example, an entertainment program directed at dog owners), it is

all, of the tools mandated by European law are also required in Israeli law. However, public authorities are subject not only to the privacy protection laws but also to constitutional administrative law, which further reduces the gap between European law and Israeli law, at least as regards public agencies.

140 possible to move forward, and examine the purposes for which the data is being collected and the other criteria. Decision-makers and technology professionals in municipalities are aware of privacy as an issue but confine it to data security only. The field research that we conducted in Israel shows that decision-makers and technology professionals in municipalities, as well as the consultants and national officials with whom they work, are aware of privacy as an issue; they are quick to refer to the law and stress that they comply with it. However, beyond general awareness, it is apparent that they focus on specific aspects of privacy, primarily data security. Less – if any – attention is paid to other aspects of the issue. Privacy encompasses not Privacy encompasses not only only protecting data from being leaked, but also limits data collection ab initio protecting data from being (it is permitted to collect only the data for which there is legal authorization, for leaked, but also limits data a proper purpose and no more than necessary); certain rights must be granted collection. to data subjects (access to data about themselves and the ability to correct or delete it); there are obligations regarding confidentiality and more. It is also possible to identify several social-cultural assumptions of decision-makers that generally lack any factual foundation, and sometimes are actually contradicted by research regarding citizen’s attitudes towards privacy. The central issues that arose regarding the projects themselves included public confidence in municipal systems, which was stressed in reference to data security, and the absence of commercialization. Decision-makers normalize surveillance. A significant number of the people interviewed for this guide belittled the value of privacy. These interviewees claim that in any case there is no longer any privacy in our daily lives. Therefore, their clear position is that privacy isn’t important in the municipal context either. This makes it possible to normalize surveillance. When every arena in our life collects data, another arena or another context don’t bother the people involved. Another explanation is trust. The municipalities expect that residents trust them. Although some people working in the field expressed this attitude, they continued their attempts to protect privacy, both internal data security and when transferring data third parties, primarily by relying on legal advice.

Addressing All Populations in the City D. Inequality

There are currently very few, if any, digital divides in terms of access to online services and information, especially now that smart phones allow everyone to hold a connected device in the palm of their hand. However, the digital divide remains a relevant concept that covers several types of inequality: technological inequality, material inequality, non-material inequality, social inequality and educational inequality. The question is not one of physical access to the Internet, but rather The question is not one of how different populations use it, given their different levels of digital literacy, physical access to the Internet, skills and abilities. Do residents use the Internet for entertainment and social but rather how different networking, or to consume services, streamline operational processes, manage populations use it, given their daily life, as tool for work, to seek information, to express political opinions, for different levels of digital protest or self-expression, for software development, employment or creating literacy, skills and abilities. capital (economic, social or cultural)? There are major differences between these uses, and they influence current and future digital inequality.

141 Digital inequality reinforces existing social inequality. International and Israeli research shows that digital divides largely coincide with divides based on religion, ethnic origin, age, education and socio-economic standing. However, the connections are complex. The gaps are not in the ability of a given population, rather on the acquisition of complex digital skills that are dependent on education, employment, and the resources available at home and in the local environment. Thus, for example, ethnic-based discrimination in employment excludes people of certain ethnic origins and others from lower socio-economic classes, from employment opportunities and schools that provide an opportunity to acquire complex digital literacy. Lack of goals for public participation in the digital era. Flagship initiatives for public collaboration in decision-making must be tested, as they are often confined to minor projects (e.g., decisions about road furniture or planning a public park), rather than significant participation (e.g., more crucial decisions for the city, such as the allocation of resources, the construction of shopping It must be asked if the malls, towers or setting municipal priorities). Therefore, it must be asked if the proposed participation is proposed participation is about consumption or the process of decision-making, about consumption or the which groups in the city are expected to be heard, and if the voices expected process of decision-making, to be heard are only of those well-equipped technologically and experienced in which groups in the city are the digital sphere. expected to be heard, and Lack of transparency. There is no correlation between smart cities and if the voices expected to be transparency. Digital initiatives that are promoted as making cities “smarter” heard are only of those well- often mean that residents are increasingly exposed, while the authorities remain equipped technologically opaque and vague, lacking standardized implementation of processes to increase and experienced in the transparency. This creates asymmetrical transparency between the citizen digital sphere. and the authorities. The digitization processes of the information age require municipalities to increase their transparency to citizens, most especially because citizens are becoming more transparent, and are asked to forgo some of their privacy. A municipality that does not adopt transparency standards harms the relationship of trust between it and its citizens. Regarding inequality, it is worthwhile to distinguish between the local and national authorities.

Ü Inequality on the 1. There is relative awareness regarding access and literacy. The field research Municipal Level shows that all cities are required to deal with populations that do not use online services due to poor technological literacy, lack of confidence in the system, different concerns etc. As a result, most of the cities in Israel are in a transitional period, in which they continue supplying human, one-on- one services. Some provide services in a variety of languages based on the population’s needs, and some even go one step farther and help interested populations acquire digital knowledge, or visit the homes of residents who require assistance. 2. In-depth thought about the connection between inequality and digitization is lacking. Few municipalities invest thinking in the question of whether digital initiatives are beneficial to all populations in the city. For example, are there gaps between populations when city resident cards are issued? Does

142 public participation on social media platforms give a voice only to the strong The subject of digital populations that use these networks, and know how to make their voices differences and inequality as heard? Does providing a service or changing a system encounter cultural a municipal challenge is not barriers? These are questions with every municipality must consider. on the agenda, and there are 3. Few initiatives that deal with social issues. Cities select various strategies yet to be far-reaching projects that can impact social issues, some intentionally and some indirectly. However, for allocation of resources, the subject of digital divides and inequality as a municipal challenge is rarely citizen participation, access, on the agenda, and there are yet to be far-reaching projects for allocation of education, opportunities and resources, citizen participation, access, education, opportunities and reducing reducing gaps in the city. gaps in the city.

1. Smart city initiatives have the potential to increase gaps between cities in a Ü Inequality on the country. Each city’s independent race to become a smart city has the potential National Level to increase gaps between various cities in a country. Internet infrastructures facilitate innovation in the fields of health, education, the economy, managing energy resources, the environment, safety and transportation, managing emergency situations, political involvement and citizen participation. Indeed, they impact many aspects of quality of life. Therefore, without the broad perspective of the state and the national government taking responsibly to promote weaker cities, towns and regions, there is the potential to create large gaps – as already exist – between the center and periphery and sometimes even between adjacent cities with a shared border. 2. Lack of standardization between cities in basic digital services. There are Activity in the digital field is large gaps between municipalities in a country by any standard – management currently initiated by each ability, human capital, resources, budgets, needs and challenges faced, based authority in accordance with on the location and specific characteristics of each. In the digital field, local its worldview, and desire to authorities range from cities that consider and promote complex smart city develop in the field, without projects, to others do not even have an active Internet site or online services. there being any national Activity in the digital field is currently initiated by each authority in accordance standards, assistance or goals with its worldview, and desire to develop in the field, without there being any set by the central government. national standards, assistance or goals set by central government. 3. Need to move from competition between cities to regional, cooperative thinking. Working from a regional starting point has the potential to overcome the gaps, both within regions and in the country as a whole, which might be created by unbalanced technological developments in different localities. The central government should be responsible for and capable of promoting this concept.

143 Success in implementing and assimilating digital initiatives is conditional II on following appropriate work procedures. In order to work in a systemic Recommendations manner it is necessary to build the work process in stages, which will allow the municipality to progress towards developing a vision and for Developing Work setting goals for managing ongoing work and coordinating between Procedures for the various departments, while establishing internal tools for measuring Digital City development, achieving goals, and weighing the output and value of project. The complexity and multidimensional nature of digital processes in a city require a three-stage process: I. Creating an all-encompassing strategy that considers the links and connections between various departments and projects, from the first stage of strategy development; II. Management and implementation; III. Follow-up and evaluation. Please find below details of the stages as they relate to planning, technology privacy and society.

Figure 5.1 Management Follow-up Work Process for Implementing Develop Strategy and Implementation and Evaluation Digital Initiatives

Stage I Develop a Dynamic Strategy

In order to plan a digital city properly from the perspectives of governance, connection with residents, strict data security, privacy protection, and achieving The first stage of establishing social goals such as closing gaps and benefiting the city’s entire population, there a vision and target is most are many decisions that must be made in early stages of strategy development. important, because it The first stage is establishing a digital vision as part of broader urban plan and enables the municipality to goals for the city, using technology as an additional layer in achieving these adjust the goal of the digital goals. Furthermore, developing a philosophical, ethical, planning and budgetary agenda for the city is a central role and responsibility of municipality. Therefore, revolution to a broader urban this process must remain in the hands of the city, and not be transferred to the plan and use technology as private sector. The following recommendations for the strategy development a means to achieve goals, stage presents the key points must be considered the first stage, to ensure the and an additional layer establishment of a clear vision, goals and points of emphasis for developing of communications with technological systems and projects, with emphasis on planning, data security, residents, providing services privacy and social equality. and streamlining the system of municipal governance. Ü Planning In the realm of planning there are three principal foundations for the strategy development stage: development of a vision, establishing an appropriate managerial body, and preparing a budget. These three foundations are important conditions for adapting the vision to the needs of the city and its residents. • Define a vision for the city and construct a multiyear strategic plan for technology. The purpose of planning is to design and build digitization

144 processes for the city in accordance with its needs and abilities. Today, plans are constructed primarily by consultants who are familiar with the technology, but relate to the urban space in the general way. Strategic plans in the field must be based on an in-depth understanding of the technological, planning- spatial and economic-social realms. These three foundations are the basis for successful assimilation of technology in the city. The following points should be emphasized in developing the strategic plan.

• Formulating the vision and goals. The city’s vision does not need to be derived Strategic plans in the field necessarily from the digitization processes, but rather the digitization dimension must be based on an in- can be seen as an additional layer in implementing the vision. depth understanding of the • Context. Each city has a context that requires careful, in-depth examination technological, planning-spatial when selecting the desired development model in a digital context. Moreover, the and economic-social realms. vision should be examined and defined as a cumulative process of technological- These three foundations civil development, adjusted to the city, while also considering its local, regional, are the basis for successful and national contexts. assimilation of technology in • Defining the target population. Although it is clear to mayors and municipal the city. leaders that the resident should be at the center, three distinct population groups can be identified in each city: residents, tourists or commuters, and business people. When thinking about the strategic plan and examining technological innovations it is necessary to evaluate which of these groups will best be served by the digital initiative being implemented. • Defining fields of intervention. Technological initiatives can have spatial and urban impacts. Therefore, the strategic plan must relate to the influence of innovations on the planning and social arenas. • Obstacles. It is necessary to examine the limitations, budgetary constraints and implementation of technological initiatives as a cumulative process, in order to create a modular program. • Dynamism. Since technology and applications change and are replaced, it is very important to have meta-goals for development of the city. If technology is defined as a means, then it will be possible to deal with changes in the current configuration. • Establish a technology administration in the city. The purpose of this administration is to develop systemic thinking regarding technological applications in the city. In addition to technology experts, the administration must include the planning personnel responsible for the city’s vision and policymakers. Its purpose is to ensure clear strategic development that will improve urban growth and the quality of life in the city. It is further intended to prevent some of the problems currently common in the technological development of cities, such as ad hoc decisions regarding technological issues, private companies who contact senior officials directly, and initiating technological projects without an overall perspective. • Prepare a budget and work plan. Technological projects have significant long-term costs and maintenance. Therefore, intelligent evaluation of the project must include the implementation stage, the lifespan of the project and

145 its overall yield, from long-term economic (how much will it cost?) and social (who will gain from it?) perspectives.

Ü Technology Technological development The ongoing management of technology in a digital city is a complex process in a digital city requires that requires understanding the multifaceted relationships between technology, selecting technical issues, economy and society. Developing a technology strategy for the city requires considering the background choosing between technical issues and the operational, societal and economic the operational, social and background of the city. Furthermore, the particular context of each city must find economic background of expression in the strategic plan, both at the stage of economic and technological the city. planning, as well as during adaptation of the technology to the needs of residents and other users. A. The strategy must balance different levels of technology. For example, it should include comprehensive infrastructures that are developed for long-term use at a significant investment and specific applications that solve particular problems. Recommended strategies include building infrastructures while simultaneously developing several visible apps that make it possible to test the infrastructures and processes in the digital city. B. User-centered design. In the world of software development, user-centered design is a widespread approach to planning and designing systems, such that they are appropriate to the abilities of users and provide a simple, inviting and user-friendly experience. The first component of user-centered design is understanding the various characteristics of the different groups of residents, visitors and commuters in the city. The second component is adapting the technology and introducing it in accordance with those technologies, abilities and interest. C. Strategy must balance uniqueness and standardization. Systems that express the uniqueness of the city require independent analysis of the demands and individual development (in most cases). Standardized systems can be less expensive, primarily if several cities develop them jointly. Cities must ascertain the particular experience of residing in or visiting their city and invest in systems that emphasize these elements. D. Designing IT security system. It is necessary to ensure that the various elements are integrated and provide full protection for infrastructures and systems. The communications infrastructure should be based on a private communications network that is separated from the Internet by either physical or virtual means. Using a virtual private network (VPN) allows the creation of a non-physical communication infrastructure where data can be encrypted and access limited, thereby separating the flow of information from other networks. Furthermore, all personal data or data that might be a weak point must be encrypted. E. Limit the data collected from residents. Each additional piece of data gathered from residents or other users of the city’s system becomes a potential target for attack or theft. For this reason, and also for reasons of privacy, collect only the minimum amount of information that is indeed essential for providing the service.

146 F. Construct IT security procedures and follow them strictly. Planning and writing a policy document for the protection of information and systems is essential, as is ensuring that the procedures are implemented by organizations connected to the city. Standards of this type include ISO/IEC 27000,2 or the NIST cybersecurity framework (NIST CSF).3 It must further be ascertained that all city employees, engineers and operators working with the digital infrastructure are properly trained in the procedures, and follow them carefully. In order to prevent zero-day attacks, it must also be ensured that all of the computers and components are up-to-date with the latest versions of their operating systems, and that all security patches have been installed. G. Appoint an IT security officer. Make certain that every municipality and important project appoints certified, experienced people who are appropriate for the position of IT security officer.

Ü Privacy Privacy and data protection must be incorporated from the beginning stages of Privacy protection must planning. Any delay in planning will be detrimental to residents and residents’ be incorporated from the trust in the city, and may also expose the project to legal challenges, and possibly beginning stages of planning. even cancellation either because of public pressure or at the instruction of the Any delay in planning will be regulator or court. Municipalities ought to internalize the understanding that detrimental to residents and residents are interested in privacy, as research has consistently showed, and residents’ trust in the city, and avoid general assumptions like “privacy is dead,” which have been refuted by may also expose the project many empirical studies. Although it is worthwhile and desirable to learn from to legal challenges, and even the experience of other cities, each system is independent, constructed in a possibly cancellation either different manner and adapted to a particular city. Therefore, there is no escaping because of public pressure the need to examine inspect the entire system. This responsibility falls to the or at the instruction of the city as a public agency, and within the municipality, it is desirable to designate regulator or court. an authorized senior official to be responsible for this subject. Therefore, we recommend taking the following steps. A. Privacy Impact Assessment (PIA). Prior to designing a new technological system that will process personal data in the city, is essential to conduct a PIA. First, those in charge should define the purpose of the system, and then examine its legitimacy and propriety. If it passes these tests, the next step is to determine the types of data required, and if each is truly required for operating the system. It is necessary to examine whether there is an alternative way to achieve the same legitimate purpose, and design, from the outset, means to ensure that no excess data is collected, and to delete, anonymize or remove any identifying information. Data security steps must be taken not only to prevent external attack, but also to incorporate confidentiality into the system itself. The importance of confidentiality must be assimilated within the organization – using technological means for departmentalization and access control, educational training and explanatory activities, and post facto – if necessary – by disciplinary means.

2 ISO – International Organization for Standardization, “ISO/IEC 27000 Family – Information Security Management Systems,” 2013, https://www.iso.org/isoiec-27001-information-security.html. 3 NIST – National Institute of Standards and Technology, “Cybersecurity Framework,” https://www.nist. gov/cyberframework.

147 B. Appointment of a Data Protection Officer (DPO). The current Israeli Privacy Protection Act mandates only the appointment of a Data Security Manager, but privacy goes beyond data security. Issues of privacy are currently examined from either a legal perspective or technological perspective, and the result is not always optimal. A senior official in the organization, who has both legal and technological understanding, and who also comprehends the needs of the city and its residents, ought to coordinate this activity. This individual should be personally responsible for conducting the PIA, monitoring the implementation of the new system, and also be an address for residents who wish to clarify their rights. C. Privacy by Design (PbD). The hoped-for result of the previous two items should be evident in technological system that is designed. For example, gathering statistical data from the outset, rather than collecting identifying data and then removing it, taking pictures that are blurred rather than blurring them later, or using diverse methods to anonymize information.

Ü Society One of the main goals of a One of the main goals of a digital city is strengthening its connection with digital city is strengthening residents, while achieving societal goals such as reducing gaps and benefiting its connection with residents, all population in the city. This requires in-depth learning of the socioeconomic while achieving societal goals situation of residents in early stages of strategic development, considering the such as reducing gaps and following aspects: benefiting all population in A. Development of a specific strategy for influencing the social sphere with the city. emphasis on technology. Examine the connection between inequality and digitization, as an opportunity to reduce gaps, with emphasis on projects related to the distribution of resources, participation, access, education, opportunities, and reducing gaps within the city. B. Examination of technological initiatives or applications in the context of the social groups in the city. Analyze the digital skills of groups within the city considering spatiality, age and ethnic origin. An analysis of this type will help map the suitability of the initiative for each group, and their willingness, or lack thereof, to use online services, as well as the appropriateness of the initiative for all sections of the city. The results form the basis for developing recommendations and contextual tools.

148 Table 5.1: Stage I | Strategy Development for Planning, Technology, Privacy and Society Strategy Development: Main Topics for Discussion and Examination

Planning Technology Privacy Society

• Develop a vision for the city • Develop a technology • Privacy Impact • Develop specific strategy for and construct a multiyear strategy that provides Assessment (PIA): influencing the social sphere strategic plan for technology; flexibility in operating & – Define the purpose of the with emphasis on technology. examine obstacles, limitations selecting technologies. system and examine its • Develop projects in the realms and budgetary, legal and legitimacy for this purpose. of resource distribution, planning constraints. • User-centered planning & adapting apps to the needs – Determine the type of participation, access, • Build modular plans for the of residents. data required based on the education, opportunities to next 5, 10, and 15 years. proper purpose. reduce gaps within the city. • Establish private networks for • Establish a technology the city that are physically or – Examine alternative • Examine the strategic plan administration for digitization, virtually separate from other ways to achieve the same for the digital city from the including representatives from networks, where data can be proper purpose. perspective of divides in various departments. encrypted and separated from – Take steps for data security the city, to ensure that the the flow of information. from external attack and program is optimal and does • Prepare a budget and work internal mishandling. not harm any population in plan that includes evaluation • Limit the data collected from the city. of economic and social users to the minimum needed – Develop a plan to assimilate outcomes and sets dates to provide the service confidentiality within and scales for evaluating the organization. the project. • Design a complex IT security – Build the system so system that integrates all residents have access to of the security tools, and data about themselves, a confirms their integration, to way to correct erroneous create maximal protection of data, and delete data that is infrastructures and systems. no longer needed. • Develop municipal policy for IT • Appoint a Data Protection and system security. Officer (DPO) who has • Appoint an IT security officer both technological and with suitable authority legal perspectives. and experience. • Privacy by design – incorporate privacy protection solutions from the beginning of the design process for the project or service.

149 150 Haifa, Israel (photo: iStock) Management and Implementation Stage II

The implementation stage of the strategy is likely to have a determinative effect on future of the interfaces that have been installed, and the ability of the system to learn lessons. Since this is a new subject and the information available on implementation and management is partial, the most important thing for successful implementation is the development of intra-organizational work procedures and tools for managing the output from each item; the purpose is to long-term digital development, and understanding it as an ongoing learning process

Ü Planning Establish a Municipal Technology and Digitization Administration that brings together all aspects of technology and digitization in the city, and is responsible for implementing and realizing the goals and vision that have been set. Its purpose is to develop systemic thinking regarding technological applications in the city, The purpose of the city and thereby prevent ad hoc decisions regarding technological issues, private technology and digitization companies who contact senior officials directly, and initiating technological administration is to develop projects without an overall perspective. systemic thinking regarding These are some of the main tasks of the administration during the planning and technological applications implementation stage. in the city, and thereby prevent some of the problems A. Intra-organizational management. Leading project implementation, currently common in the working with various departments of the city, developing work procedures, technological development of implementing projects including assimilation of work procedures, monitoring cities, such as ad hoc decisions use of new software and work arrangements, and proper budget management. regarding technological issues, B. Develop work procedures for working with the private sector, technology private companies who contact companies and consultants. Define, on the basis of the vision, which companies senior officials directly, and are the most suitable for achieving the goals of the strategic plan. initiating technological projects C. Output management. Evaluating the output of various technologies that without an overall perspective. have been implemented in the city, including return on investment and usability, evaluating the systems’ durability, and comparing it to malfunctions and cost of repair. D. Develop intra-organizational technology. Training employees in the organization in online processes and working with the new software and technologies. E. Managing digitization processes. Encouraging various population to adopt the processes, create support systems for transitional periods, and evaluate the changes in accordance with the feedback received from users

Ü Technology Regarding assimilation of IT security work processes during the implementation and management, attention must be paid to the following points: A. Comprehensive inspection of the systems. Assimilate work processes that require all of the systems installed in the city to be inspected regularly – during the design process, while they being assimilated and on a regular 151 basis thereafter. The inspections need to use the most sophisticated methods, including risk analyses, penetration testing and bug bounties. B. Backup and recovery. Ensure that all of the information gathered by the city, and all of the information used for organizational decision-making is backed up in a manner that makes it possible to recover from disaster quickly. C. Organizational culture of IT security. Ascertain that all of the vendors supplying software, devices and services to the city meet the required standards. D. Protection of physical infrastructure. The digital city’s physical infrastructure must also be protected and care taken to ensure that elements installed in the field cannot be switched, and that the computers and devices belonging to city employees are secure. E. Logical control and supervision. Make certain that all of the systems in the city are checked regularly by a designated person, in order to identify any exceptional activity or attempted activity by unauthorized parties. Careful records must be kept of any access to the database or system, data that is read and the users who initiated these actions.

Ü Privacy Innovative technology that Privacy protection needs to be part of the system specifications for technologies does not provide adequate used by the digital city. Innovative technology that does not provide adequate privacy protection will fail privacy protection will fail to meet the test of public acceptance and/or legal to meet the test of public approval. Therefore, it is necessary to develop a broad perspective that considers acceptance and legal approval. privacy an advantage and means for building trust, while internalizing the importance of privacy to citizens and the legal obligation to protect it. Therefore, we recommend the following steps: A. Develop mechanism for transparency of local government. When undertaking activities that have consequences for the privacy of residents, the municipality must also be transparent to citizens. In addition to the marketing-oriented explanations about the beneficial things the city wishes to do for its residents, it is essential to also describe the significance of the data collection, its advantages, the risks and the possibilities open to residents, particularly the possibility of not being included in the data-gathering without detriment to their rights. The explanations need to be accessible, simple and clear. To be accessible they must be both on the city municipality’s website and included in its print publications that are directly related to the service involved – whether it is an app, a physical device or the registration form for resident card, etc. The explanations must comply with provisions of the law requiring informed consent, in terms of both governmental responsibility and transparency to which municipalities are obligated as administrative bodies. B. Appointment of a Data Protection Officer (DPO). This individual should be personally responsible for conducting the PIA, monitoring its implementation. and serve as an address for residents who wish to clarify their rights. Furthermore, he or she should be responsibility for active implementation of relevant regulations and legislation, such as the Privacy Protection (Data Security) Regulations that took effect in May 2018.

152 C. Privacy Engineering. The development of any technology must consider privacy from the beginning of the planning process. Protecting privacy relates to all stages in the life cycle of the data.

Ü Society The gap in ICT skills should be seen as a spectrum that affects primarily people Municipal strategies need to with low income, the elderly, the disabled, immigrants and ethnic minorities. In contend with financial and order to deal with the broad range of weak digital skills, smart city strategies social obstacles that keep must not only deal with financial and social obstacles that prevent certain groups certain groups from digital from being involved digitally, but also with the obstacles that prevent certain involvement; similarly there groups from acquiring more advanced ICT skills. A few solutions follow: are obstacles that prevent A. Develop social mobility tracks using digital skills. Digital inclusion must certain populations from not cover only basic education, but especially providing advanced digital acquiring more advanced training to unrepresented social groups. This requires cooperation among ICT skills. all of the major stakeholders in the community: technology companies, local companies, schools, local administrations and social activists. B. Create a support system for the community to develop and reinforce information and communication technologies (ICT). To assimilate technology in the entire population, it is necessary to emphasize digital education. On the city level, it is important to develop an ecosystem of digital support by recruiting the local population and educational institutions in the city (schools, cultural and sports centers, community centers and libraries). This ecosystem can help with support, training and creating opportunities for learning, as well as acquiring digital skills and using them. Community centers and other local institutions are focal points for challenging digital inequality because of their familiarity with the demographic characteristics of the community (youth, adults, immigrants, more or less affluent people and the level of Internet access at home) and the needs of the residents (local initiatives requiring support, small business owners who want to improve their online functioning, educational enrichment and helping children and teens acquire skills).

153 Table 5.2: Stage II |Management and Implementation of Planning, Technology, Privacy and Society Management and Implementation

Planning Technology Privacy Society

• Municipal Technology and • Assimilate IT security work • Develop transparency • Learning and researching the Digitization Administration. procedures (risk surveys, mechanisms for digital needs and obstacles of Develop work procedures penetration testing, city government: various population groups in to support growth and bug bounties). the city. management of technology in a. Explanatory materials the city, including: • Create work procedures and for residents; • Development of social organizational culture for mobility tracks using digital Intra-organizational IT security when working b. Digital platform for skills – development and management, and with suppliers. data transparency. establishment of projects. management of connections • Introduction of work with the private sector, • Create systems and • Working with various procedures for backup and procedures and routines for departments and projects on technology companies and sharing information with consultants; manage output recovery from disaster: the smart city and digitization residents on various platforms. processes, regular review of and digitization processes. Provide training, instruction • Municipal DPO who conducts their social and cultural impact and testing of employees on and appropriateness. the subject. the PIA and serves as an address for residents • Develop digital education on • Data security in regarding their rights, as part the city level – creating an the organization: of her routine work. ecosystem of community Logical control and supervision digital support. of systems to provide constant monitoring for unusual events. • Keep a precise record of all access to the database or system, the data read and the users who initiated the action.

154 Follow-up and Evaluation Stage III

The follow-up and evaluation stage enables the city to examine applications and appraise continuation of the activity. Learning and evaluation in this stage is very important for making decisions regarding future initiatives, as well as considering the possibility of discontinuing existing applications. Because technologies are dynamic and develop rapidly, this stage is critical for assessing and updating the strategic plan.

Ü Planning The city should not be an experimental field. Although technology is an important The city should not be an component of daily life, it is necessary to understand that digitization is a process experimental field. Although that will continue for years; it is a dynamic process with high budgetary demands. technology is an important Therefore, the starting point for examining digital technology should be: how component of daily life, it is can it improve the quality of life for people residing and working in the city, while necessary to understand that understanding that digitization is an additional dimension in cities’ administrative digitization is a process that and organizational systems. Accordingly, the follow-up and evaluation stage of will continue for years; it is planning will include the following subjects: a dynamic process with high A. Evaluate and update the goals of the strategic plan in terms of time and goals. budgetary demands. B. Set times for evaluating the project (six months, annual, once in two years). C. Set indices for evaluation according to targets. D. Evaluate the budget plan in terms of time and target. E. Evaluate the work of parties from the private sector in terms of meeting goals, efficiency and achieving goals according to schedule, as well as return on investment (ROI) and financial, social and organizational outcomes.

Ü Technology Follow-up and ongoing management of the digital city is substantively different The municipality must develop from the ongoing management of municipal IT systems for several reasons: some several types of indices, applications are critical for the lives of the city’s residents, and there are complex as listed below, in order to systems relate to operational and civic functions of the city. Therefore, the strategy monitor its targets, publish must take into account the importance and complexity of smart cities. reports on the functioning of The municipality must develop several types of indices and clear targets, as listed various systems and evaluate below, in order to monitor its targets, publish reports on the functioning of various their functioning on the basis systems and evaluate their functioning on the basis of the targets. Advanced of the targets. mechanisms available in open source software and Application Programming Interfaces can serve as inspiration for how to conduct measurements and involve the public in the functioning of complicated systems. The measurement field needs to include both technological and social targets: A. Technological performance such as coverage of communications network, progress towards network construction goals, use of various systems, etc. B. Quality measures: uptime (percentage of the time that the system is working), bugs bounty, and monitoring solutions. C. Public participation in reporting bugs and usability problems.

155 D. Economic and functional measures of the systems: project budget for the digital city, return on investment (ROI), and savings created by using the system. E. Social measures: access to services in diverse neighborhoods, and by different populations; equability of the system use. F. IT security measures: number of attack incidents, success of those incidents, leakage of data, honeypot, performance reports, etc.

Ü Privacy The municipality must conduct The protection of privacy must be incorporated into the daily thinking about periodic privacy evaluations, municipal functions in the digital city. The municipality must internalize and deliver according to topic and privacy protection in its activities. Privacy protection needs to be consistent, technology (more sensitive continue throughout the lifecycle of data concerning residents, and the subject of a clear transparent municipal policy. To protect privacy the municipality must: the information or the more complex and innovative A. Develop a comprehensive privacy policy, make it accessible to the public the system, more frequent in the simplest, clearest manner possible, making it possible to receive inspection needs to be), and clarifications, access data and correct it as necessary. comply with the relevant B. Periodic privacy evaluations, according to topic and technology (the more provisions of data security sensitive the information or the more complex and innovative the system, regulations. more frequent inspections need to be), and comply with the relevant provisions of data security regulations. Privacy protection is not limited to data security, and must be expanded to include other aspects of privacy (type of data gathered, point of contact with residents, possibility for residents to control their data etc.). C. Develop an annual summary report on privacy protection in general and data security in particular (including reference to exceptional incidents, databases, data sharing, residents’ responses and a municipal transparency index), and distribute to employees and residents of the city.

Ü Society The digitization processes can The digitization processes that are occurring in many sectors can facilitate access facilitate access to education to education and information thereby creating new opportunities for diverse and information thereby populations. However, these processes can also lead to enlarging the gaps that creating new opportunities for already exist and even creating new ones, where access to digital infrastructure diverse populations. and skills is lacking. Accordingly, the follow-up and evaluation should include these aspects of digital literacy and inequality: A. Evaluation of socio-digital initiatives based on their results in the field. B. Internal surveys and research concerning digital initiatives according to demographic divides in the city, once every two years. C. Segmentation of data on consumption, participation and use of digital services in the city according to socioeconomic, religious, national, age, geographic and other measures.

156 Table 5.3: Stage III | Follow-up and Evaluation of Planning, Technology, Privacy and Society Follow-up and Evaluation

Planning Technology Privacy Society

• Evaluate and update the goals • Ongoing evaluation with clear • Periodic privacy and data • Evaluation of socio-digital of the strategic plan in terms targets, using performance security evaluation. initiatives based on results in of time and goals: measures, such as ICT network the field. performance, percentage and • Develop an annual report on 1. Set times for evaluating the quantity of the users of digital data security, transparency • Internal surveys and research project (six months, annual, services, system uptime, and privacy (including the on digital initiatives according once in two years). system ROI, equitable access following subjects: exceptional to demographic divides in the to services, etc. incidents, databases, data city. 2. Set indices for evaluation sharing, resident responses according to targets. • Regular inspections of the IT and municipal transparency • Segmentation of data on systems and their security index) and distribute it to city consumption, participation • Evaluate the budget plan in and use of digital services terms of time and targets. against cyber-attacks, employees and residents. monitor relevant performance in the city according to • Evaluate the work of parties measures: number of attacks, • Comprehensive municipal socioeconomic, religious, from the private sector in attempted penetration, etc. privacy policy, that is simple, national, age, geographic and terms of meeting goals, accessible and convenient for other measures. efficiency and achieving goals the public to access. according to schedule, as well as ROI and financial, social and organizational outcomes.

157 Epilogue

Resident at the Center Who are the residents of the city? How can digital initiatives help all residents of the city? How do we deal with digital divides? These are the main questions that all mayors, and policymakers need to ask themselves. The digital era is a tremendous opportunity for many cities to improve their quality of life. However, digitization processes are not a way to placate residents, but rather a means to achieve goals in a wide range of fields for all residents. Each city faces its own Each city faces its own difficulties and challenges. Therefore, competition difficulties and challenges. and quantitative measures of digitization processes in a city are irrelevant; Therefore, competition and what might be suitable for one city might be inappropriate for another. quantitative measures of Moreover, each city has its particular advantages, and city leaders digitization processes in a city would do well to understand the opportunities that exist in their city are irrelevant; what might be and leverage them for the benefit of residents. suitable for one city might be inappropriate for another. Creativity can save resources, as an initiative in Bnei Brak shows: the city innovation team there, together with the organization Kol Zechut, developed kiosks that offer Internet access to municipal services, for paying bills, and accessing medical services. This is a city that understands the needs of its residents. The Modi’in region also promoted a creative initiative: they refurbished an old bus that travels to provide digital services in remote locations where banking services are unavailable and there are older residents with low digital literacy. The service saves the residents travel and waiting time. Initiatives of this type integrate human needs with technology, and they have the potential to create dramatic change in the lives of many people. Lastly, digitization processes and technological initiatives are a relatively new trend, one that is very dynamic. Therefore, cities would do well to cooperate and learn from each other. Distancing from a competitive worldview, focused on the city, and moving towards a broader, regional perspective and cooperation more generally – would be beneficial for cities and the society as a whole.

158 Tel Aviv, Israel (Photo: Laboratory for Contemporary Urban Design) 159 Additional Reading

160 Additional Reading on Cities in the Digital Age 1. Hatuka, Tali, Issachar Rosen-Zvi, Michael Birnhack, Eran Toch, and Hadas Zur. “The Political Premises of Contemporary Urban Concepts: The Global City, the Sustainable City, the Resilient City, the Creative City, and the Smart City.” Planning, Theory & Practice 19, no. 2 (March 15, 2018): 160 – 179. This article is based on the current research project, and written by the authors of this guide. It surveys conceptions of the city that have attracted substantial attention in theory and practice: the global city, the sustainable city, resilient city, creative city and the smart city. The authors examine the political assumptions behind the various concepts, and show that unlike the theoretical constructs that examine each concept individually, in practice many cities use several strategies or all of them together. The article analyzes whether these models present completing or complementary models, and examines the gap between their frameworks in theory and practice.

2. Willis, Katharine S., and Alessandro Aurigi. Digital and Smart Cities. London, New York: Routledge, 2017. A lengthy survey of how technology shapes our cities, this book examines the subject of smart cities and digital cities from theoretical and historical perspectives, using international case studies. Its point of origin considers the city a social structure comprised of diverse activities, practices and organizations. This concept facilitates a holistic, resident-centered analysis of how changing technologies serve and shape the imagination and reality in cities.

3. Anthopoulos, Leonidas G. Understanding Smart Cities: A Tool for Smart Government or an Industrial Trick? Cham, Switzerland: Springer Nature, 2017. A survey of the smart city from the early growth of the concept, this book considers practical aspects of developing digital systems for various municipal uses (water, energy, transportation, health, security, education, construction, economy, governance and information) by presenting international case studies and developing connections between market forces and municipal government.

4. Barns, Sarah. “Mine Your Data: Open Data, Digital Strategies and Entrepreneurial Governance by Code.” Urban Geography 37, no. 4 (May 18, 2016): 554 – 571. This article examines the changing role of municipal governance in developing smart cities, government initiatives, and information gathering. Today’s municipal networks need to maneuver and mediate between the private market in the public market, and develop complex models of public-private investment, considering the innovativeness of smart governance while creating significant value from the data collected in the era of Big Data.

5. Meijer, Albert, and Manuel Pedro Rodríguez Bolívar. “Governing the Smart City: A Review of the Literature on Smart Urban Governance.” International Review of Administrative Sciences 82, no. 2 (2016): 392 – 408. A literature review of the smart city concept that examines the scope of “smart governance” as a concept, what it offers residents and how it affects governance in a digital city.

6. Wiig, Alan. “IBM’s Smart City as Techno-Utopian Policy Mobility.” City 19, no. 2-3 (2015): 258 – 273. This article is a critical evaluation of the narrative promoted by private companies, specifically IBM, and the technological utopia that they are offering cities, versus the practical applications and consequences that have fallen short of utopian vision and expectations.

7. Shkabatur, Jennifer. “Cities @ Crossroads: Digital Technology and Local Democracy in America.” Brooklyn Law Review 76, no. 4 (2011): 1413 – 1485. This article examines the concept of participation in digital cities, and casts doubt on the validity of connecting digitalization and democratization. The article claims that digital platforms do not necessarily lead to broader democratic participation of diverse residents, but rather blur the distinction between citizenship and consumerism.

161 Additional Reading on Technology 1. Toch, Eran, and Eyal Feder. International Case Studies of Smart Cities: Tel Aviv, Israel. Inter-American Development Bank, 2016. This report is an analysis of technologies, organizational processes and architecture for digital city project in Tel Aviv. It is one of the series of test cases examining ten top digital cities around the world.

2. European Union Agency for Network and Information Security. “Cyber Security for Smart Cities – An Architecture Model for Public Transport.” 2015. https://www.enisa.europa.eu/publications/smart-cities-architecture-model/at_download/ fullReport This European Union report presents a comprehensive analysis of the information security challenge is presented by “smart” public transport.

3. Kitchin, Rob. “The Real-Time City? Big Data and Smart Urbanism.” GeoJournal 79, no. 1 2014: 1 – 14. This article outlines the challenges related to data processing on a massive scale in smart cities, and the connection between urban challenges and technological challenges.

4. Chourabi, H., T. Nam, S. Walker, J. R. Gil-Garcia, S. Mellouli, K. Nahon, T. A. Pardo, and H. J. Scholl. “Understanding Smart Cities: An Integrative Framework.” In Proceedings of the 2012 45th Hawaii International Conference on System Science (HICSS). Maui, Hawaii, January 2012, 2289 – 2297. This article presents a theoretical, implementable and wide-ranging framework for considering smart city technology, and discusses the questions of who the main players are in the digital city, what technological challenges the city’s space and how they relate to social challenges.

Additional Reading on Privacy & Data Security 1. The General Data Protection Regulation (GDPR) which took effect in May 2018, currently sets the world’s highest legal standard for information privacy. GDPR applies directly in the European Union, and to any organization that operates in Europe, however they have substantial influence on privacy laws internationally.

2. Bamberger, Kenneth A., and Deirdre K. Mulligan. Privacy on the Ground: Driving Corporate Behavior in the United States and Europe, Cambridge, MA: Massachusetts Institute of Technology, 2015. An empirical study, conducted in several countries, that documents and explains the appearance of a new profession, “Privacy Protection Officer” in organizations, to fulfill a critical role in digital city.

3. Finch, Kelsey and Omer Tene. “Welcome to the Metropticon: Protecting Privacy in a Hyperconnected Town.” Fordham Urban Law Journal 41 2014: 1581 – 1759. This article presents an early discussion of privacy aspects of smart cities, and offers a variety of tools for dealing with the privacy challenges that arise in an urban environment.

Additional Reading on Digital Divides 1. Hatuka, Tali and Zur, Hadas. “Who Is the ‘Smart’ Resident in the Digital Age? The Varied Profiles of Users and Non- Users in the Contemporary City,” Urban Studies, June 20, 2019. This paper suggests studying the varied profiles of digital users in the city. Based on empirical study of four different neighborhoods in the city of Tel Aviv-Jaffa, it shows that the profile of the smart resident is not unified; that a lack of participation does not necessarily imply a digital divide or digital illiteracy but should be viewed within a wider spectrum of parameters and choices, especially with the growing public consciousness regarding privacy.

2. Ragnedda, Massimo and Glenn W. Muschert, eds. The Digital Divide: The Internet and Social Inequality in International Perspective. London; New York: Routledge, 2015. This book is an anthology of articles on the digital divide. The articles offer broad global perspectives on the meaning of the digital divide in various countries. The first two chapters offer a theoretical review and the paradigmatic framework for understanding digital divides in the current time. The second chapter was written by Jan van Dijk, a well-known and very highly respected researcher in the field.

162 3. Robinson, Laura, Shelia R. Cotten, Hiroshi Ono, Anabel Quan-Haase, Gustavo Mesch, Wenhong Chen, Jeremy Schulz, Timothy M. Hale, and Michael J. Stern. “Digital Inequalities and Why They Matter.” Information, Communication & Society 18, no. 5 (May 4, 2015): 569 – 582. This article presents a broad framework for understanding inequality in the digital age, and calls on researchers with expertise in digital media and other fields to confront the issue of digital inequality. It describes current research regarding access, abilities, usage, self-image, and digital capital in a knowledge society. The authors claim that the subject of digital inequality should occupy not only experts in the field but rather also those in other fields including programming, design, policy and welfare, because these all impact the life opportunities and the deep gaps present in the today’s world.

4. Hargittai, Eszter, and Yuli Patrick Hsieh. “Digital Inequality.” In The Oxford Handbook of Internet Studies, edited by William H. Dutton, 129 – 150. Oxford: Oxford University Press, 2013. This chapter surveys the research of social inequality in the Internet age, and delves deeply into the concept of digital inequality, beyond the simple level of access obstacles. It presents a broader paradigm of inequality and gaps in digital usage, skills and abilities. It examines how demographic differences impact the digital divide, and presents the reasons for and consequences of digital inequality.

5. Van Deursen, Alexander J. A. M., and Jan A. G. M. van Dijk. “Measuring Internet Skills.” International Journal of Human- Computer Interaction 26, no. 10 (September 17, 2010): 891 – 916. doi:10.1080/10447318.2010.496338. Van Dijk and van Deursen study the digital divide in Holland, and are considered leading scholars in the field. The articles explicate the significance of digital skills in an era when gaps in access to hardware is decreasing, but there remain gaps between various populations on terms of Internet usage and varying levels of digital literacy.

163 Bibliography

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171 Legislation Basic Law: Human Dignity and Liberty [Israel] Biometric Identification Methods and Biometric Identification Data in Identification Documents and Database Act, 2009 [Israel] Charter of Fundamental Rights of the European Union, Art. 7 (2000/C 364/01). Criminal Procedure Act (Powers of Enforcement – Communications Traffic Data) 2007 [Israel] Municipalities Ordinance (New Version), Section 249 [Israel] Privacy Protection Act, 1981 [Israel] Privacy Protection Regulations (Data Security), 2017 [Israel] Patient’s Rights Act 1996 [Israel] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) Transportation Regulations (Operation of Cameras by a Local Authority to Document Unlawful Use of Public Transportation Lanes), 2016 [Israel] Judgments Criminal Appeal 4496/14, John Doe v. the State of Israel (2015) (Nevo, 2015) (a police detective used data from a police database concerning women who had filed various complaints). Criminal Case (Jerusalem Magistrate Court) 10845-06-15 The State of Israel v. Reimer (2017) (Nevo, 2017) (an employee of the Foreign Ministry checked information about a person who had a financial dispute with her son). Retrial 7/07 Berman v. the State of Israel (2007) (Nevo, 2007) (a supervisor for the Tax Authority submitted queries for information about a person with whom he had a conflict). Interviews Alon Ofir (Vice CIO & Chief Digital Officer, Netanya) Assaf Zamir (Deputy Mayor, City of Tel Aviv-Jaffa), August 7, 2019. Zohar Sharon (Chief Knowledge Officer, City of Tel Aviv-Jaffa), August 10, 2016. Avi Ben Hamo (CEO, City of Netanya), August 8, 2016. Avi Cohen (CEO, Ministry of Social Equality), January 19, 2017. Avinoam Nahari (Head, Organization, Methodology and Information Systems Division, City of Eilat) November 23, 2016. Ayal Zaum (Smart City Consultant) September 4, 2016. Doron Marhum (Microsoft joint interview with Nurit Aniv Bar) November 7, 2016. Dror Margalit (Deputy of Technologies, Digital Israel National Initiative, Ministry of Social Equality), December 1, 2016. Edi Bet-Hazadi (Head, Infrastructure Management Division, Ministry of Infrastructure, Energy and Water Resources), August 18, 2016. Eli Ankri (Deputy Mayor, City of Eilat), November 23, 2016. Edan Pasher (Smart City Consultant, Israel Smart Cities Institute), August 24, 2016.

172 Itamar Kornfeld (CIO, City of Jerusalem), March 19, 2017. Itzik Carmeli (CIO and Smart City Director, City of Rishon LeZion), September 8, 2016. Itzik Nidam (Head, Operations Administration, City of Jerusalem), March 19, 2017. Galit Rand (Head of Strategic Planning Dept., Haifa) October 30, 2016. Liora Schechter (CIO, City of Tel Aviv-Jaffa), November 1, 2016. Maya Katz (Deputy Mayor of Herzliya) September 14, 2016. Natan Fridchay (VP, Systems Group, Taldor) September 7, 2016. Nili Naveh (VP Business Development, Taldor) September 7, 2016. Nurit Aniv Bar (Microsoft, joint interview with Doron Marhum) November 7, 2016. Rafi Rich (Architect, Smart City Consultant), September 4, 2016. Ron Barzani (CEO, Ofek Regional Management, Modi’in-Maccabim-Reut), August 26, 2016. Shai Eppel (Smart City Manager, Deloitte Consulting), December 25, 2016. Shai-Lee Spigelman (CEO, Digital Israel National Initiative), January 19, 2017. Smadar Itzkovich, Head of Ashdod Municipality Industry Development Division Yaron Ribo, (CIO, City of Netanya) August 8, 2016. Yehud Marciano (Chief Officer for IT and Innovation, City of Be’er Sheva) September 15, 2016. Yossi Ben Simon (CIO, City of Ashdod), September 25, 2016. Zohar Sharon (Chief Knowledge Officer, Tel Aviv-Jaffa), August 10, 2016.

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