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Goodbye Aaron Swartz – and Long Live Your Legacy

January 14, 2013 in Access to Information, Bibliographic, Campaigning, Featured, News, Open Access, Open Data, Open Government Data, Policy

Aaron Swartz, coder, writer, archivist and activist, took his own life in New York on Friday.

Aaron worked tirelessly to open up and maximise the societal impact of information in three areas which are central to our work at the Foundation: public domain cultural works, public sector information, and open access to publicly funded research.

He was one of the original architects behind the Internet Archive’s Open Library project, which aims to create ‘one web page for every book’. While he was there we compared notes about trying to automatically estimate which works are in the public domain in different countries around the world.

This was part of a broader vision to enable public access to the public domain, and to ensure that digitisation initiatives result in open digital copies of public domain works that everyone is free to use and enjoy, not just copies owned and protected by large corporations who might sell or restrict access to the world’s heritage.

Around this time Aaron and I met in San Francisco to co-draft a petition to the Library of Congress to encourage them to take a leading role in opening up data from the world’s libraries and memory institutions. This was several years before a wave of institutions started explicitly opening up data about their holdings.

We remained in contact regarding his work on open government data in the US. Aaron was involved in drafting the highly influential 8 principles for open government data. We wanted to try to better coordinate developments on either side of the Atlantic.

Later he was in the papers for downloading around a fifth of the US government’s huge Public Access to Court Records (PACER) system, around 780 gigabytes, and releasing it for free to the public (access was usually charged by the page) – which earned him an FBI file.

In his 2008 Guerilla Open Access Manifesto Aaron argued that “the world’s entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitized and locked up by a handful of private corporations” and, “in the grand tradition of civil disobedience”, urged internet users to “fight back”:

We need to take information, wherever it is stored, make our copies and share them with the world. We need to take stuff that’s out of copyright and add it to the archive. We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks. We need to fight for Guerilla Open Access.

In 2010 he founded Demand Progress, which helped to mobilise over a million people in response to proposed legislation like the Combating Online Infringement and Counterfeits Act (COICA).

In 2011 he again hit the headlines when he was arrested for downloading roughly 4 million subscription-only academic articles from JSTOR by placing a laptop in a computer cupboard at MIT and using this to gain unauthorised access to the JSTOR service. The prosecution alleged that he intended to make these articles freely available on the web.

Last September the US Federal Government raised the felony count from four to thirteen, which meant that Aaron was potentially facing a total of 50+ years and a fine in the area of $4 million for his actions. His family suggested that the case was a factor in his death – and blamed the Massachusetts U.S. Attorney’s office for “intimidation and prosecutorial overreach” and MIT for “refus[ing] to stand up for Aaron and its own community’s most cherished principles”. The president of MIT has just announced that he has ordered an investigation into their role in Aaron’s prosecution.

As Peter Eckersley from the Electronic Frontier Foundation commented on Saturday:

While his methods were provocative, the goal that Aaron died fighting for — freeing the publicly-funded scientific literature from a publishing system that makes it inaccessible to most of those who paid for it — is one that we should all support.

While Aaron was deeply involved in all kinds of technical, scholarly and organising activities to promote an open digital commons and an open internet – from helping to develop RSS 1.0 and Markdown, to early sketches of the semantic web with some of its pioneers and work on the first technical implementations of the Creative Commons licenses – he also never lost sight of the bigger picture, of what it was all for. He was a talented coder and knew how to take a principled stance, but he was never one to get lost in detail or dogma. From his writings about how data-driven transparency initiatives are not enough to effect change in themselves, to his guide to developing software that addresses real needs, he was always aware of the fact that using the information, technology and the internet to change the world is not easy, and requires graft, skill, scrutiny, critical reflection and taking risks.

Aaron’s passing is a tremendously sad and significant loss. Long live his legacy.


To find out more about Aaron’s life and works, you can look at his writings and the memorial site set up by his family. You can also read tributes from Tim Berners-Lee, Cory Doctorow, Brewster Kahle, Lawrence Lessig, and Erik Moeller, and read obituaries and news articles on the BBC, the Economist, Forbes, Gigaom, the Guardian, the Huffington Post, the New York Times, The New Yorker, The Observer, Techdirt, The Telegraph, Vice and Wired. In tribute, hundreds of academics have started tweeting links to their research papers using the hashtag #pdftribute. The Internet Archive has started an Aaron Swartz Collection.


Let’s defend Open Formats for Public Sector Information in Europe!

December 3, 2012 in Access to Information, Campaigning, Open Data, Open Government Data, Open Standards, Open/Closed, Policy, WG EU Open Data, WG Open Government Data

Following some remarks from Richard Swetenham from the European Commission, we made a few changes relative to the trialogue process and the coming steps: the trialogue will start its meetings on 17th December and it is therefore already very useful to call on our governments to support Open Formats!

When we work on building all these amazing democratic transparency collaborative tools all over the world, all of us, Open Data users and producers, struggle with these incredibly frustrating closed or unexploitable formats under which public data is unfortunately so often released: XLS, PDF, DOC, JPG, completely misformatted tables, and so on.

The EU PSI directive revision is a chance to push for a clear Open Formats definition!

As part of Neelie Kroes’s Digital Agenda, the European Commission recently proposed a revision of the Public Sector Information (PSI) Directive widening the scope of the existing directive to encourage public bodies to open up the data they produce as part of their own activities.

The revision will be discussed at the European Parliament (EP), and this is the citizen’s chance to advocate for a clear definition of the Open Formats under which public sector information (PSI) should be released.

We believe at Regards Citoyens that having a proper definition of Open Formats within the EU PSI directive revision would be a fantastic help to citizens and contribute to economic innovation. We believe such a definition can be summed-up to in two simple rules inspired by the Open Knowledge Foundation’s OpenDefinition principles:

  • being platform independant and machine-readable without any legal, financial or technical restriction;
  • being the result of an openly developped process in which all users can actually be part of the specifications evolution.

Those are the principles we advocated in a policy note on Open Formats we published last week and sent individually to all Members of the European Parliament (MEPs) from the committee voting on the revision of the PSI directive last thursday.

Good news: the first rule was adopted! But the second one was not. How did that work?

ITRE vote on Nov 29th: what happened and how?

EP meetingA meeting at the European Parliament
CC-BY-ND EPP Group

The European parliamentary process first involves a main committee in charge of preparing the debates before the plenary session, in our case the Industry, Research and Energy committee (ITRE). Its members met on 29th November around 10am to vote on the PSI revision amongst other files.

MEPs can propose amendments to the revision beforehand, but, to speed up the process, the European Parliament works with what is called “compromise amendments” (CAs): the committee chooses a rapporteur leading the file in its name and each political group gets a “shadow rapporteur” to work together with the main rapporteur. They all study the proposed amendments together and try to sum them up in a few consensual ones called CAs, hence leading MEPs to pull away some amendments when they consider their concerns met. During the committee meeting, both kinds of amendment are voted on in accordance with predefined voting-list indicating the rapporteur’s recommandations.

Regarding Open Formats, everything relied on a proposition to add to the directive‘s 2nd article a paragraph providing a clear definition of what an Open Format actually is. The rapporteurs work led to a pretty good compromise amendment 18, which speaks pretty much for itself:

« An open format is one that is platform independent, machine readable, and made available to the public without legal, technical or financial restrictions that would impede the re-use of that information. »

This amendment was adopted, meaning this change will be proposed as a new amendment to all MEPs during the plenary debate. Given that it has the support of the rapporteur in the name of the responsible committee, it stands a good chance of being carried.

Regarding the open development process condition, MEP Amelia Andersdotter, shadow rapporteur for the European Parliament Greens group, maintained and adapted to this new definition her amendment 65:

« "open format" means that the format’s specification is maintained by a not-for-profit organisation the membership of which is not contingent on membership fees; its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; the format specification document is available freely; the intellectual property of the standard is made irrevocably available on a royalty-free basis. »

Even though it also got recommanded for approval by the main rapporteur, unfortunately the ALDE and EPP groups were not ready to support it yet and it got rejected.

Watching the 12 seconds during which the Open Formats issues were voted is a strange experience to anyone not familiar with the European Parliament, since most of the actual debate happens beforehand between the different rapporteurs, the committee meeting mainly consists of a succession of raised hand votes calls, which are occasionally electronically checked. Therefore, there are no public individual votes or records of these discussions available and the vote happens very quickly.

What next? Can we do anything?

Now that the ITRE committee has voted, its report should soon be made available online

As the European institutions work as a tripartite organisation, the text adopted by the ITRE committee will now be transferred to both the European Commission and Council for approval. This includes a trialogue procedure in which a consensus towards a common text must be driven. This is an occasion to call on our respective national governments to push in favor of Open Formats in order toc maintain and improve the definition which the EP already adopted.

The text which comes out of the tripartite debate will be discussed in plenary session, planned at the moment for 11th March 2013. Until noon on the Wednesday preceding the plenary, MEPs will still have the possibility to propose new amendments to be voted on at plenary: they can do so either as a whole political group, or as a group of at least 40 different MEPs from any groups.

Possible next steps to advocate Open Formats could therefore be the following:

  • Call on our national governments to push in favor of Open Formats;
  • Keep up-to-date with documents and procedures from the European Parliament: ParlTrack offers e-mail alerts on the dossier;
  • Whenever the proposition of new amendments towards the plenary debate is opened, we should contact our respective national MEPs from all political groups and urge them to propose amendments requiring Open Formats to be based on an open development process. Having multiple amendments coming from different political groups would certainly help MEPs realize this is not a partisan issue;
  • When the deadline for proposing amendments is reached, we should call on our MEPs by email, phone calls or Tweets to vote for such amendments and possibly against some opposed ones. In order to allow anyone to easily and freely phone their MEPs, we’re thinking about reusing La Quadrature du Net‘s excellent PiPhone tool for EU citizen advocacy.

In any case, contacting MEPs to raise concerns on Open Formats policies can of course always be useful at all times before and after the plenary debates. Policy papers, amendments proposals, vulgarisation documents, blogposts, open-letters, a petititon, tweets, … It can all help!

To conclude, we would like to stress once again that Regards Citoyens is an entirely voluntary organisation without much prior experience with the European Parliament. This means help and expertise is much appreciated! Let’s get all ready to defend Open Formats for European Open Data in a few weeks!


Regards Citoyens — CC-BY-SA

COMMUNIA statement on open access to EU funded Horizon 2020 research

November 22, 2012 in COMMUNIA, Open Access, Policy, Public Domain, WG EU Open Data

Horizon 2020 is the EU’s proposed new programme for research and innovation, which would run from 2014 to 2020. The programme would create an “Innovation Union” with a budget of €80million, bringing together current research and innovation funding available through a number of sources. On 28th November MEPs are set to vote on the proposals, which involve 6 different pieces of legislation.

It is clear that the EC’s aim of “breaking down barriers to create a genuine single market for knowledge, research and innovation” can only be met through bold steps towards open access.

The COMMUNIA Association (of which the OKFN is a member) has published a policy paper entitled “Position on EC Horizon 2020 Open Access policy” in the run-up to this month’s vote, which will be circulated among MEPs. The paper is based around two of the policy recommendations produced by members of the network. The core principles are that:

  • All publicly funded research outputs and educational resources must be made available as open access materials (aligned with the Budapest Open Access Initiative).
  • Notwithstanding the need to support OA policies, access to copyright protected material for education and research purposes must be improved by strengthening existing exceptions and limitations to copyright, and broadening these exceptions to cover uses outside of formal educational and research institutions.

Based on this, COMMUNIA recommends a clear tripartite Open Access policy to be included in the Horizon 2020 plans:

  • An Open Access mandate for all publicly funded research, in line with the BOAI. This would require the use of CC-BY, CC0 or similar licensing, and should be backed up by sanctions.
  • The elimination of sui generis rights on databases, which have not demonstrated any value since their 1996 introduction.
  • Prohibition on publishing agreements which prevent authors from archiving their research in OA repositories, or ban authors bound by an institutional OA mandate.

We hope that MEPs will take note of these recommendations when it comes to voting on the proposals next week. The full policy paper is available as a PDF, and on the Communia website.

If you’re interested in discussing open access policy at the Open Knowledge Foundation, you can join our open-access mailing list.

Hack4Health: London 2-4 November

October 22, 2012 in Events, External, Open Data, Open Government Data, Policy, Sprint / Hackday, Workshop

In the first November weekend – 2-4 November – the UK Open Data Institute in London will host Hack4Health, organised by Coadec, Healthbox Accelerator, the Cabinet Office, NHS Hackday and the Open Knowledge Foundation. The event brings together entrepreneurs, developers and technical startups working on health and fitness data to create innovative solutions and products.

After a weekend-long hacking all participating teams will present their ideas to a panel of experts with the chance to get one-on-one mentorship and other prizes. Some of the judges include Dr Ben Goldacre – author of Bad Science and Bad Pharma and Dr Carl Reynolds  - Co-Founder of Open Health Care UK. The winning team would also present their project at the launch of the Open Data Institute to Tim Berners-Lee.

 

Participants will be inspired by existing digital health startups, leading industry representatives and mentors throughout the weekend.

Are you a developer, designer, health professional, a mentor or a member of a start-up. Register to attend here: http://hack4health.co.uk/apply-to-attend/

This event will take place at the The Open Data Institute: 65 Clifton St, The City, London Borough of Hackney, EC2A UK: http://theodi.org/events/hack4health-2012

For any further questions please contact : info [at] hack4health.co.uk

World’s first REAL commercial open data curation project!

October 4, 2012 in Featured, Legal, Open Data, Policy

The following post is by Francis Irving, CEO of ScraperWiki.

Our laws are still published on calf skin (vellum)

Can you think of an open data curation project where the people who work on it come from multiple commercial companies?

In the mid 1990s, as open source code began to boom, the equivalent was commonplace. Geeks working at ISPs would together patch the Apache webserver into shape. Startups like RedHat would pay for staff to work on lots of projects in order to produce a whole operating system.

For years I’ve asked, where are the equivalent projects in open data?

Nada.

Not one.

Until today. I finally found one.

It’s the UK’s Statute Law database, which is maintained by the National Archives. I explained back in 2006 how it used to be proprietary data, and how it was finally opened up in an incomplete form.

Briefly, Parliament doesn’t release a usable set of laws. They release Acts, which are changes to laws (patch files, if you’re a geek). These need to be “consolidated” with existing laws into the actual rules we have to obey.

Two commercial companies (LexisNexis and Westlaw, so called after centuries of takeovers) do this consolidation themselves. They charge a handsome price. Nobody can compete with them, as they don’t have the current laws to start from, even if they had the money to keep up with new changes.

I spent a chunk of yesterday afternoon talking to John Sheridan (right) from the National Archives. He runs the Government’s Statute Law project. Jeni Tennison (left) is his technical mastermind. Last time I spoke to her a year or two ago she was worried that they would never finish the work. The sheer volume of new laws and difficulty of consolidations seemed insurmountable. Would they ever have a complete image of current law?

Now they’ve cracked it. By forming the world’s first real open data curation project.

I’ll start with a quote from one of the red-in-tooth-and-claw companies who are contributing to this.

I represent the Practical Law Company, one of the private sector organisations involved in the Expert Participation Programme. We’re really excited by these developments and salute John Sheridan and his team for their groundbreaking and elegant work on the API and legislation database. Legislation.gov.uk is the official publishing place for UK legislation and so it is really important work.
The programme is now starting to make a real and visible difference to the status of legislation on the website. By employing people to work with National Archives and as a first step, we’ve been able to ensure that the Companies Act 2006 is now fully consolidated on legislation.gov.uk. This is a particularly important piece of legislation for many of our customers but we intend to carry on the consolidation work on other legislation.
Well done, National Archives. (Source: comment by Elizabeth Woodman)

Truly collaborative

The astonishing process goes roughly like this:

  1. John and Jeni and their team build an amazing web admin interface for skilled users to easily piece together the consolidated law jigsaw from the unconsolidated acts and statutory instruments.

  2. Various organisations, such as the Practical Law Company, the Welsh Government (they want to sort out Welsh language law, nobody commercial can be bothered), the Department for Work and Pensions (they make legal guides for tens of thousands of their staff, and so can’t afford the commercial providers) and a couple of other commercial providers (I’ll let John name names, as some that he mentioned to me aren’t fully announced yet) decided they want to contribute.

  3. They pay for some staff to work on it full time. The staff are trained initially by the National Archive, and work for the contributing organisation. There are currently about 30 in total. For example, Practical Law employ 14 people to do this stuff. There’s a queue, they can’t train new ones fast enough to meet demand.

  4. The staff fix up the open data. It appears on legislation.gov.uk, as well as in XML files and as a SPARQL endpoint.

  5. Profit. No really, this is a better business model than stealing underpants. For example, Practical Law release new products based on top of the now lovely clean, free data (such as the Companies Act they mention above).

The National Archive team were marking up 10,000 effects (i.e. patches of one bit of law over another) per year all by themselves. With 15,000 new effects being passed by Parliament each year, they were rapidly getting deeper into debt.

Now they’ve improved the process, and have the growning help of industry and other parts of Government, in just one year the basic metadata is done for it all. They aim to have fully caught up by 2015, including secondary legislation. Come the next Parliament, all laws should appear consolidated on the site – and anywhere else that wants it – in real time.

Saves money and improves lives

It’s win win win win. Well, unless you’re one of the two companies with a proprietary version of the database. Although they don’t seem too unhappy about it – for example, WestLaw has contributed electronic versions of pre-war Statutory Instruments that the Government had lost.

In the future there will be even more cost savings. For example, tens of millions are spent each year by the Court Service buying back proprietary copies of the laws they have to enforce. That could end when the open statute law database is fully finished in 2015.

However, as ever with public interest activity on the Internet, the real benefit is hidden and subtle. John explained to me that every month about 2 million people land on legislation.gov.uk after searching for things like “allotments act 1950“ in search engines.

Most of them are non-lawyer professionals – HR, company secretaries, police officers. Better open legal data will help them do their job more effectively and in less time.

The next large user base is concerned citizens, defending their own rights. For example, a mother fighting with her local authority over statementing of her child. Giving them clear access to the law boosts their credibility with the authorities, and helps to make an otherwise messy dispute rules based and easier to resolve.

The lesson for open data projects

As well as being just brilliant, this story has torn a blindfold off a once baffled me. Why why why are there no collaborative open data curation projects?

Zarino Zappia, who works for my company ScraperWiki, did a whole thesis at the Oxford Internet Institute hunting for such projects. He couldn’t find any.

I now think the problem with the other nascent projects was that they didn’t include the upstream source (i.e. the National Archive in this case).

Upstream help in two ways:

  1. Act as a strong power to set up the project. It was both hard and expensive. In theory the Practical Law Company could have done this, but in practice the economic gain for just them wouldn’t have been enough.

  2. The original source is being fixed. It’s hard to state how much better that is than tidying up a downstream copy (I know, from making things like TheyWorkForYou and ScraperWiki). It’s technically and procedurally much less complicated. It gives a strong provenance and trust that simply cannot be earnt any other way.

Open source projects have different needs to get going. Open data curation is truly unique. You need both the data provider, and commercial contributors, for a sustainable project.

What data next?

I would like to see the same model applied to other open data sets. How about…

  1. Fine grained inflation data. Apparently somebody external offered to help the ONS improve the way they publish them, but were turned down. Perhaps now, with a successful example elsewhere in Government, this can happen.

  2. Department for Transport data, such as public transport timetables. There’s some collaboration round this already, but would love to see the Government crowd sourcing accurate fixes so that the data becomes perfect (with Google, Apple, and FixMyTransport all contributing!).

  3. Parliamentary debates. I know several organisations (some commercial, some charitable) who curate that data, which is increasingly a commodity. Parliament itself wants to publish it better. A project run between them all would be very powerful.

I’m sure you can think of many more.

And here’s the kicker. Jeni has has just been appointed Technical Director of The Open Data Institute. Where she is going to work out how to kickstart a flurry of such successful open data projects.

Today our law.

Tomorrow the world.

You can read more about this project here:

 

 

“Rest assured, the EU is behind you” says European Commissioner Neelie Kroes to OKFestival participants

September 20, 2012 in Events, Featured, OKFest, Open Access, Open Content, Open Data, Open Government Data, Policy

If you have more than a passing interest in EU policies related to the internet, digital content and digital technologies then you’ve probably heard of Neelie Kroes, Vice President of the European Commission and Commissioner for the Digital Agenda.

Today Neelie gave a virtual address for participants at OKFestival, one of the largest open knowledge events to date. The event has convened over 800 open data, open content and open access advocates in Helsinki for six days of talks, workshops and hackathons.

In her talk Neelie highlights the European Commission’s commitment to policies, projects and funding to support open data and open access, including for public sector information, cultural data, science and research.

Her address closes with the following remarks:

I know you at the OKFestival don’t need convincing about the benefits of openness, nor about the huge innovation that it can fuel. Rest assured, the EU is behind you.

You can watch the video of Neelie’s address and read the full transcript below.

Video address to participants at Open Knowledge Festival, Helsinki, 20th September 2012

Data is a 21st century commodity: it’s the new oil. There’s almost no limit to the economic and social wonders it can generate: new applications and new tools appear every day.

That’s why the Commission has an ambitious Open Data Strategy. To really make the most of this huge asset within our single market. Here are four things we’re doing in particular.

First, we’ve proposed new legislation to open up public sector information. So businesses and citizens can more easily access and use this great resource, across the EU: without complicated or costly conditions. For the first time, the scope also includes cultural institutions. And the Commission will be practising what it preaches: by putting our own data on a single online portal, with free and easy access.

All this takes a big culture change – but I’m confident that the countries of the EU can look ahead to the huge opportunity, and support our proposal. After all, opening up public sector data could generate economic gains around €40 billion a year, and that’s not something anyone can ignore right now.

Second, you may be aware of exciting recent developments for cultural open data. Over recent years, the EU has promoted Europeana as the access point for Europe’s libraries, museums, galleries and archives. It’s a treasure trove of cultural heritage; and a creative hub.

So I’m delighted that, just last week, Europeana announced it was putting the metadata for over 20 million exhibits into the public domain: using the creative commons CC-zero open licence.

This is a step change in open data access, and an international first. Moving away from a closed and controlled approach to this kind of data, to one based on large-scale, free re-use. Where you can link it up, for example with tourism or broadcasting data, and find ever more creative uses.

In the open and fertile environment that Europeana has now created, I hope we will see many more apps blooming. Just imagine the new applications for libraries, schools, or hotels: all powered by Europeana. So a big thank you to those cultural institutions that had the vision to take us there.

Third, openness also benefits science. Helping scientists collaborate and progress – and helping citizens, businesses and research funders benefit. We’ve proposed to make available, under open access, all publications that stem from EU-funded research. And to progressively open access to the data from scientific experiments and studies too. This is a great way to enable a new reality for science – and I’m glad the EU is playing its part.

Fourth, we will of course continue to support research related to open data. Like the LOD2 project, using open source software to help people publish linked data. Likewise, over the next two years we will invest €45 million on open access infrastructures for science, and on digital preservation. I hope that projects like this will continue under Horizon 2020, the next generation of EU research and innovation funding.

I know you at the OKFestival don’t need convincing about the benefits of openness, nor about the huge innovation that it can fuel. Rest assured, the EU is behind you.

Have a great Festival!

Managing Expectations II: Open Data, Technology and Government 2.0 – What Should We, And Should We Not Expect

September 13, 2012 in Featured, Ideas and musings, Open Data, Policy

This is second of two pieces about “managing expectations” (the first is here). Open data has come a long way in the last few years and so have expectations. There’s a danger if open data is seen as a panacea that will magically solve climate change or eliminate corruption because it will inevitably fail to do so and hope and enthusiasm will be replaced by disappointment and dis-engagement.

This would be a tragedy as open data is valuable to us socially, commercially and culturally. However, we do need to think hard about how to make effective use of open data. Open data is usually only one part of a solution and we need to identify and work on the other key factors, such as institutions and tools, needed to bring about real change.

Government 2.0, Open Data and IT

More than two years ago a UK Government civil servant came to visit me. A new government had taken power in the UK for the first time in a decade and she wanted to ask to me about “Government 2.0″, open data and transparency.

One thing was immediately apparent from our discussion): while she was already excited by these ideas it wasn’t entirely clear to her what they involved or exactly what problems they would help with — something that has remained a common feature of conversations I’ve had since.

In my view (a view expressed in that conversation two years ago), there are (at least) two distinct — albeit related — ideas for what “Government 2.0″ means:

  • Improving (Government) services by utilizing current information technology and open data — open data being especially interesting (and novel) as it could turn Government from the direct supplier of services to the supplier of the data (and infrastructure) needed to run those services (‘Government as a Platform’)
  • More interactive, participatory governance (and therefore more “democratic) via the use, again, of open information and technology (though the connection was somewhat vaguer).

Put like this it’s clear why “Government 2.0″ can appear so exciting — after all it appears to promise a radical improvement, even transformation, of government.

But it also should make us concerned. Unrealistic expectations can be dangerous — something that is generally beneficial can get confused with a miracle cure and then blamed when it fails to deliver.

Moreover, there’s the risk that we start fixating on this wondrous new possibility (open data and technology) and ignore other key (but less exciting) elements in solving our problems — with the consequence that we much reduce the actual benefit we got from these new innovations in policy and technology.

This second point seemed especially important as it could lead to the dangerous assumption developing that open information + IT would magically turn into better (and more participatory) governance without much examination of how this exactly would come about and any changes to the form and structure of governance that would be needed.

The danger here is of confusing necessary with sufficient conditions: open data may be necessary part of better and more participatory governance but they are likely not sufficient without, say, substantial other changes in the structure and machinery of government (e.g. who gets to vote, when and where).1 These latter changes are normally costly and much more difficult than adopting new IT or opening up data. Thus, whilst new IT and open data are important, they are likely only one (possibly small) part of a solution.

When is Open Data (Part of) the Solution?

To help think about and clarify this question — of the role of open data and IT vis-a-vis other factors in a solution — I drew the first version of this diagram (a diagram I have drawn again and again over the last few years).

The purpose of the diagram is to provide a rough-and-ready way to think about the role of open data (and IT) in solving a specific problem compared to other factors such as institutions.

Some specific problems are listed for illustrative purposes. For example, Climate Change is situated up at the top-left implying that Open Data + IT likely play a relatively limited role compared to other factors such as institutions and governance change (roughly: the real problem here is reaching international agreement on a solution not more (open) information).

Conversely finding a better way to get to work is likely a problem where Open Data + IT can have a very large impact irrespective of any other factors. Meanwhile, for an issue like Corruption there would be debate as to where to situate it: on the one hand Transparency and Open Data can have a big impact with relatively little institutional or governance change, however, on the other hand one could argue that without reasonably significant governance and institutional change, open data and transparency would have little effect.

A Theory of Change

What this line of thought suggests is that we need to delve deeper into the exact “theory of change” for a given area. Around open data I think there is a general chain of logic, which runs, roughly, as follows:

  1. Open (digital) data + IT dramatically lowers the cost of access to information
  2. This includes information about what the government is doing (be that in terms of laws or filling in pot-holes)
  3. Armed with this better information citizens (or other groups) will

    1. Be able to hold government accountable and/or drive change
    2. Have a better sense of how their polity operates (improving trust etc)

In essence it presumes some theory of change like this (a diagram I also drew that day for the civil servant):

The key question is around step 3: “Action (& Change)”. It highlights the often missing (but implicit) assumption in much of this discussion that once information is available action and change will follow. But action, even in highly developed democracies can be hard for several reasons:

  1. Understanding and action requires attention: analyzing and acting on information requires time and attention and these seem to be (increasingly) scarce. Crudely put: do I go out to the cinema with my friends or do I read up on the latest draft law?

    The key cost of becoming politically active is not the direct cost of acquiring information (be that what is happening or the email address of the representative to contact) but the attention and time cost in analyzing, understanding and acting on that information. If so, open data and IT may only have a limited impact on reducing the cost of taking “political action”

  2. Digital technology by reducing simple transmission costs has substantially increased the amount of “information” competing for attention (information should also be interpreted here in the broad sense and include entertainment and anything else that could be shipped as digital “bits”)

  3. The problems of coordination and collective action: crudely, why should I bother to act if it requires a million of us to act for something to happen. Coordination problems are as old as humanity itself. While one can argue that modern communication technologies can assist us in coordination (cf the debate on the “social media revolutions”) they would seem at best to offer mild improvement on a fundamentally difficult problem (see the appendix below for more on this).

Conclusion

I should emphasize that I am far from arguing that open data (and IT) are not important. However, we need to temper our enthusiasm with an appreciation that they are only one part of the solution. As next steps I think we need to:

  • Think hard about what problems to tackle — if technology and open information are the tools to hand we want to focus on problems where they are especially effective. Using the first of the diagrams above can be a useful exercise in clarifying where a particular problem is located.
  • Be clear that other changes or improvements in, say, institutions, will be needed. We should work out what these are and then endeavour to make them. We should be aware that often these changes will be both more important and much harder than those that we can achieve with technology and open information alone.
  • Appreciate that open data and technology are attractive tools because they are (relatively) very cheap and straightforward to use. This is worth bearing in mind: even if open data and (information) technology are 10% of solving a problem they are an incredibly cheap 10% to do.
  • Acknowledge that open information and technology will often be complements to institutional change not substitutes. If so we cannot just do more open information and less governance reform — that would be likely giving you a second hammer to compensate for having no nails.

Appendix: Principal Agent Theory and Government

Imagine I hire a real-estate agent to sell my house for me. In legal/economic parlance I am the principal (I own the house) and the real-state agent is the “agent” — the person acting for the principal.

The normal “problem” of such relationships is that the interests and goals of the two parties are not aligned.

Take the real-estate case: suppose the two parties negotiate a 6% commission plus an up-front fee — then for every additional $1 in the sale price the agent manages to get from a buyer for the house the agent will receive only 6 cents in commission. This implies a strong divergence, at least in pure monetary terms, between the incentives of the principal (the owner of the house) and the agent (the real-estate agent).

To make this even more concrete, consider a situation where by working a weekend, and doing extra showings of the house it will be sold for an extra $10,000. Suppose that the agent crudely values this weekend time at $1000 a day (imagine their daughter has a birthday party!). For them the “payoff” is: $600 (6% of of $10k) – $2000 (their time cost) = -$1400.2 So they have a strong incentive not to bother. Meanwhile the principal would clearly make the effort: even assuming a higher cost of their time of $5k their “payoff” is $10k – $5k = $5k.

So how does this relate to government? Well, Lincoln may have said that Government is by, for and of the people but in truth only the middle of these is true: Government is a classic principal agent setup in which the principal (the people) appoint agents (their elected representatives) to govern the polity.

Thus, Government faces exactly the kind of principal agent problems above: the incentives of elected officials (or bureaucrats) may differ markedly from those of the citizens as a whole. For example, elected officials may primarily care about remaining in office (just as the real-estate agent care about commission) rather than ensuring the best outcome for citizens — this trade-off will be especially acute when narrow but powerful groups who are able to provide monetary or other support for, say, re-election, have interests that conflict with the general welfare of society.

The focus of most principal-agent analysis is on how to better align the interests of the agent with that of the principal. Normally this involves some form of monitoring (so the principal knows what the agent is doing) combined with some form of reward and sanctions based on what the agent’s actions.

In a perfect world, the principal would know exactly what the agent was doing and with the right set of rewards and sanctions could then ensure they did exactly what was wanted. However, in this situation the principal would essentially be the agent (how else does one know exactly what they are doing) and so the real question is how well can one with imperfect information and imperfect rewards and sanctions. We need not go into detail here but the key (and obvious) point is that the more imperfect the principal’s information and the more imperfect their rewards and sanctions and poorer the alignment will be.

Unfortunately on this basis there are several reasons to think the government / people (electorate) principal-agent problem is especially bad:

  • Government is complex – this makes it hard for the principal (the “people”) to know what the agent(s) are doing (remember it’s more about knowing the agents actions than outcomes since outcomes, due to uncertainty, only partially reflect an agent’s effort. Very strong incentives based on uncertain outcomes can be counter-productive — if I could work very hard and it will all be for nothing because things go badly for random reasons then maybe I should not bother and just see what random chance brings)
  • The incentives that can be offered to agents (the governors) are relatively crude — being voted out at the next election (or being overthrown in an uprising!)
  • Governance in fact has multiple levels of principal-agent relationships: the “people” may elect representatives who in turn appoint or utilize a managerial bureaucracy to run government — in this case elected officials are principals and the bureaucracy is agent.
  • The very large number of individual citizens makes the coordination problem of acting to sanction or reward an agent especially difficult — the simplest form of this sanctioning (rewarding) is in the form of elections yet the incentives for any given citizen to make the effort to participate is very low: why should I bother to vote when I am only one among millions? (we note that turnout in most countries has been consistently dropping).

  1. Of course, it is true that technology and the open flow of information can enable certain forms of governance that are otherwise very difficult — for example, modern IT makes it possible literally to hold daily votes of all citizens, something that would otherwise be impossible except in the very smallest of polities. 

  2. nb. i have made no allowance for risk aversion here given that gain is expected $10k. However, the basic point would still stand. 

New open access recommendations ten years on from Budapest Open Access Initiative

September 12, 2012 in Open Access, Open Data, Open Knowledge Definition, Open Science, Open Standards, Policy

The notion of open access – or making research freely usable by all, without cost or legal barriers – has been in the news quite a bit this year.

It received significant media coverage on the back on the so-called Academic Spring, and subsequent high profile activities and announcements in the UK, the US and the EU.

One of the most significant milestones for open access advocates in the recent past is the Budapest Open Access Initiative, an international conference which convened experts from around the world to build consensus around a shared definition of ‘open access’. It is widely referred to as one of the defining events in the history of open access advocacy.

Ten years after this event, a diverse group of academics, advocates, librarians, and legal and policy experts met in Budapest. Today the group has issued a series of new recommendations for the next ten years of open access.

Some of the prefatory remarks to the recommendations are worth quoting in full:

Today we’re no longer at the beginning of this worldwide campaign, and not yet at the end. We’re solidly in the middle, and draw upon a decade of experience in order to make new recommendations for the next ten years.

We reaffirm the BOAI “statement of principle,…statement of strategy, and…statement of commitment.” We reaffirm the aspiration to achieve this “unprecedented public good” and to “accelerate research, enrich education, share the learning of the rich with the poor and the poor with the rich, make this literature as useful as it can be, and lay the foundation for uniting humanity in a common intellectual conversation and quest for knowledge.”

We reaffirm our confidence that “the goal is attainable and not merely preferable or utopian.” Nothing from the last ten years has made the goal less attainable. On the contrary, OA is well-established and growing in every field. We have more than a decade’s worth of practical wisdom on how to implement OA. The technical, economic, and legal feasibility of OA are well-tested and well-documented.

Nothing in the last ten years makes OA less necessary or less opportune. On the contrary, it remains the case that “scientists and scholars…publish the fruits of their research in scholarly journals without payment” and “without expectation of payment.” In addition, scholars typically participate in peer review as referees and editors without expectation of payment. Yet more often than not, access barriers to peer-reviewed research literature remain firmly in place, for the benefit of intermediaries rather than authors, referees, or editors, and at the expense of research, researchers, and research institutions.

Finally, nothing from the last ten years suggests that the goal is less valuable or worth attaining. On the contrary, the imperative to make knowledge available to everyone who can make use of it, apply it, or build on it is more pressing than ever.

If you believe in open access, the following four sections are worth reading in detail – and contain lots of ideas on policy, licensing, infrastructure, sustainability, and advocacy.

Following are a couple of excerpts that might be of particular interest to readers of the OKFN’s blog.

Firstly, while there have been no shortage of debates about the legal and practical meaning of ‘open access’ and associated questions of licensing and strategy (resulting in various inflections: strong/weak, libre/gratis, green/gold, etc), the recommendations contain a clear endorsement of a strong conception of open access which only requires attribution with the CC-BY license (which is compliant with the Open Knowledge Foundation’s Open Definition):

2.1. We recommend CC-BY or an equivalent license as the optimal license for the publication, distribution, use, and reuse of scholarly work.

  • OA repositories typically depend on permissions from others, such as authors or publishers, and are rarely in a position to require open licenses. However, policy makers in a position to direct deposits into repositories should require open licenses, preferably CC-BY, when they can.

  • OA journals are always in a position to require open licenses, yet most of them do not yet take advantage of the opportunity. We recommend CC-BY for all OA journals.

  • In developing strategy and setting priorities, we recognize that gratis access is better than priced access, libre access is better than gratis access, and libre under CC-BY or the equivalent is better than libre under more restrictive open licenses. We should achieve what we can when we can. We should not delay achieving gratis in order to achieve libre, and we should not stop with gratis when we can achieve libre.

Secondly, they explicitly suggest that open access advocates should more closely coordinate with advocacy for other forms of openness:

The worldwide campaign for OA to research articles should work more closely with the worldwide campaigns for OA to books, theses and dissertations, research data, government data, educational resources, and source code.

If you’re interested in finding out more about the Open Knowledge Foundation’s open access activities you can join our open-access mailing list.

OpenDataMx: Opening Up the Government, one Bit at a Time

September 4, 2012 in Events, External, Featured, Featured Project, Labs, OKFN Local, Open Access, Open Content, Open Data, Open Economics, Open Spending, Policy, School of Data, Sprint / Hackday

On August 24-25, another edition of OpenDataMx took place: a 36-hour public data hackathon for the development of creative technological solutions to questions raised by the civil society. This time the event was hosted by the University of Communication in Mexico City.

The popularity of the event has grown: a total of 63 participants including coders and designers took part and another 58 representatives from civil society from more than ten different organisations attended the parallel conference. Government institutions participated actively as well: the Ministry of Finance and Public Credit, IFAI and the Government of the Oaxaca State. The workshops were about technology, open data and its potential in the search for technological solutions to the problems of civil society.

The following proposals resulted from the discussions in the conference:

  • Construct a methodology to collectively generate open data from civil society for reuse in data events as well as to demonstrate benefits of government bodies to adopt the practice of generating their data openly.
  • The collective construction of a common database of information and knowledge on the topic of open data through the wiki of OpenDataMx.

After 36 hours continuous work, each of the 23 teams presented their project, each based on the 30 datasets, provided by both the government and civil society organisations. As currently little open government data is available, the joint work of civil society was essential in order to realise the hackathon.

Read the Hackathon news in Spanish on the OpenDataMx blog here.

OpenDataMx1

The judging panel responsible for assessing the projects was comprised of recognised experts in technology, open data and its application to civil society needs. The panel consisted of Velichka Dimitrova (Open Knowledge Foundation), Matioc Anca (Fundación Ciudadano Inteligente), Eric Mill (Sunlight Foundation) and Jorge Soto from Citivox.

The first three projects were awarded money prizes ($30 000, $20 000 and $10 000 Mexican pesos respectively), allowing the teams to implement their project. An honorary mention was given to the project of the Government of the Oaxaca State and the Finance Ministry (SHCP) about the transparency of public works and citizen participation. The organisers of the hackathon also tried to link all teams to the institution or organisation relevant to their project in order to get support and advise for further steps. The organisers: Fundar, the Centre for Analysis and Investigations, SocialTIC; Colectivo por la Transparencia and the University of Communication would like to thank all participants, judges and speakers for their enthusiasm and valuable support in building the citizen community.

OpenDataMX2

Here are some details about the winning projects:


FIRST PLACE

Name of the Project: Becalia | becalia.org

General Description: A platform, allowing firms and civil society to sponsor students with limited economic means to continue their higher education.

Background to the problem: There are very few students who receive a government scholarship for higher education. Additionally, few students decide to continue their education to a higher level, less than 20% in all states. The idea is to support the students who do not have the means and enable the participation of civil society.

Technology and tools used: Ruby on Rails, Javascript, CoffeeScript

Datasets: PRONABES (Programa Nacional de Becas para la Educación Superior) – National Scholarship Program for Higher Education

Team members: Adrián González, Abraham Kuri, Javier Ayala, Eduardo López


SECOND PLACE

Name of the Project: Más inversión para movernos mejor (More investment for better movement) | http://berserar.negoapps.com/

General Description: A small website for citizen participation, where users are asked to allocating spending to a type of urban mobility e.g. cars, public transport of bicycles, signalling their preference on where they would like the government to invest. After assigning one’s preferences, the users can compare them with the actual spending of the government and are offered multimedia material informing them about the topic. Background to the problem: There is lack of information on how the government spends the money and the importance of sustainable urban mobility. Technology and tools used: HTML, Javascript, PHP, Codeigniter, Bootstrap, Excel and SQL

Datasets: Base de datos del Instituto de Políticas para el Transporte y el Desarrollo -ITDP (Database of the Policy Institute for Transport and Development) http://itdp.mx

Team members: Antonio Sandoval, Jorge Cravioto, Said Villegas, Jorge Cáñez


THIRD PLACE

Name of the Project: DiputadoMx | http://www.tudiputado.org/ General Description: An application that helps you find your representative by geographical area, political party, gender or commission he or she belongs to. The application is compatible with desktop and mobile technology. Background to the problem: Lack of opportunity for citizens to communicate directly with their representatives. Technology and tools used: 
HTML5, CSS3, JQUERY, PYTHON , GOOGLE APP ENGINE, MONGODB

Datasets: Base de datos del IFE del diputados (IFE Database of MPs) Team members: Pedro Aron Barrera Almaraz


HONORARY MENTION:

Name of the Project: Obra Pública Abierta (Open Public Works)

General Description: Open Public Works is an open government tool, conceptualised and developed by the Government of the Oaxaca State and Ministry of Finance (SHCP). This platform is created in order to make public works more transparent, presenting them in a simpler language and encouraging citizen oversight from the users community. Open Public Works seeks to create state transparency policy of the 3rd generation in the three levels of governance. This open source platform is also meant as a public good that will be delivered to the various state governments to promote nationwide transparency, citizen participation, and accountability in the public works sector.

Background to the Problem: There is lack of transparency in the infrastructure funds spending by the state governments. The citizen is not familiar with basic information about public works realised in their community and no mechanisms for independent social audit exist. Moreover, state control bodies lack the ability to control and supervise all public works. Public participation in the control of public resources is essential to solve this situation, where society and government should work together. Additionally, there is no public policy cross all three levels of government for the transparency of this sector. Finally, the public lacks too§ls and incentives to monitor, report and, if necessary, denounce the use of public resources in this very nontransparent government sector.

Technology and tools used:  API de Google Maps V.2, PHP,  JavaScript y Jquery

Datasets:
 Data set de obra pública de la SHCP y SINFRA/SEFIN del Gobierno de Oaxaca (Datesets of piblic works of SHCP and SINFRA/SEFIN of the Government of Oaxaca).

Team Members: Berenice Hernández Sumano, Juan Carlos Ayuso Bautista, Tarick Gracida Sumano, José Antonio García Morales, Lorena Rivero, Roberto Moreno Herrera, Luis Fernando Ostria


For more information:

Photos and content thanks to Federico Ramírez and Fundar.

Ending Secrecy – Why Global Transparency Rules Matter

August 24, 2012 in Labs, OKF Projects, Our Work, Policy

Earlier this week, the SEC voted on the final rules of Section 1504 of the Dodd Frank Act. Global Witness teamed up with the Open Knowledge Foundation to explain what these rules are about, and why they matter.

View the infographic ‘Ending Secrecy – Why Global Transparency Rules Matter’

On August 22nd 2012, the U.S. Securities and Exchange Commission (SEC) met to vote on the final rules for Section 1504 of the Dodd Frank Wall Street Reform and Consumer Protection Act. Section 1504 of Dodd Frank requires that oil, gas and mining companies publish the payments they make to governments. These provisions mark a watershed in the creation of global transparency standards, which could help to break the link between natural resources and conflict and corruption.

  • For Global Witness’ analysis of Section 1504 of the Dodd Frank Act, see their blog post.

  • To see Global Witness’ response to the SEC vote on the finals rules, read their initial statement.

As part of their campaign, Global Witness teamed up with the Open Knowledge Foundation to communicate to the world why these rules matter. The OKFN Services team put together an infographic, ‘Ending Secrecy – Why Global Transparency Rules Matter’, which helps to explain the need for this legislation, and the impact that the current veil of secrecy has on ordinary lives. View the full infographic here

In many countries, the majority of the population are living in abject poverty.

When natural resources are discovered, their situation should change – but often it doesn’t.

The natural resources are often sold off to foreign companies. Local communities are kept in the dark. Because there is no transparency around payments, revenues, and the deals that oil, gas and mining companies make with governments, it is much easier for corruption to take place.

Laws such as those under Section 1504 of the Dodd Frank Act are important because they outlaw this kind of secrecy, by requiring oil, gas and mining companies to publish the payments they make to governments.

Transparency is the first step towards accountability.

Global Witness are still reviewing the final rule text of Section 1504. Their initial response was cautiously optimistic. They said that ‘some aspects of the rule appear to represent a step forward’, and welcomed the decision that companies would not be able to exempt themselves from reporting in certain countries where governments do not want revenues disclosed. However, they noted that ‘the devil will be in the detail’ – not least because the SEC failed to define the term ‘project’, leaving dangerous ‘wiggle room’. See their full statement here.

Section 1504 of the Dodd Frank Act is particularly important because the provision covers the majority of internationally operating oil companies, as well as the world’s largest mining companies. The Act is also likely to influence the draft revisions to the European Accounting and Transparency Directives, which, if implemented, would be likely to cover still more companies in the provision to publish details of their payments.

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