The Law of 'Not Now'


Paper by Cass Sunstein and Adrian Vermeule: “Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide. When is it lawful for them to do so? A substantial degree of agency autonomy is guaranteed by a recognition of resource constraints, which require agencies to set priorities, often with reference to their independent assessments of the relative importance of legislative policies. Unless a fair reading of congressional instructions suggests otherwise, agencies may also defer decisions because of their own policy judgments about appropriate timing. At the same time, agencies may not defer decisions, or decide not to decide, if Congress has imposed a statutory deadline, or if their failure to act amounts to a circumvention of express or implied statutory requirements, or amounts to an abdication of the agency’s basic responsibility to promote and enforce policies established by Congress.”

Platform enables business to track local and state legislation, and predict the outcome


Springwise: “We’ve already seen platforms such as Tweetminster use social media to keep citizens up-to-date with the latest goings on in the British Parliament. Now FiscalNote is providing businesses in the US with the tools to track the bills and legislature that affects their industry, as well offering insights into their potential results.
For small businesses, it can be difficult to keep on top of all the goings-on in Congress, never mind individual state and county rulings that may affect their operations. In what it calls the Political Genome Project, FiscalNote aims to keep tabs on any changes to the law across the 50 states. After users have selected their chosen industries, the site delivers only the news relevant to them, presented in an easy-to-understand way on the user dashboard. Mobile notifications also keep businesses informed of changes as they’re fought on the floor. Infographic-style analytics show the progress of each piece of legislation, and the probability of each outcome is worked out with complex algorithms that take in previous results and historical data.
FiscalNote helps small businesses to make smarter decisions by gaining greater insight into the workings of national and local politics related to their industry, keeping them informed of changes they might have otherwise missed. How else can companies stay on top of the latest news from their particular sector?
Website: www.fiscalnote.com”

Healthcare.gov and the Gulf Between Planning and Reality


Clay Shirky: “This is not just a hiring problem, or a procurement problem. This is a management problem, and a cultural problem. The preferred method for implementing large technology projects in Washington is to write the plans up front, break them into increasingly detailed specifications, then build what the specifications call for. It’s often called the waterfall method, because on a timeline the project cascades from planning, at the top left of the chart, down to implementation, on the bottom right.
Like all organizational models, waterfall is mainly a theory of collaboration. By putting the most serious planning at the beginning, with subsequent work derived from the plan, the waterfall method amounts to a pledge by all parties not to learn anything while doing the actual work. Instead, waterfall insists that the participants will understand best how things should work before accumulating any real-world experience, and that planners will always know more than workers.
This is a perfect fit for a culture that communicates in the deontic language of legislation. It is also a dreadful way to make new technology. If there is no room for learning by doing, early mistakes will resist correction. If the people with real technical knowledge can’t deliver bad news up the chain, potential failures get embedded rather than uprooted as the work goes on….
Given examples of technological success from commercial firms, a common response is that the government has special constraints, and thus cannot develop projects piecemeal, test with citizens, or learn from its mistakes in public. I was up at the Kennedy School a month after the launch, talking about technical leadership and Healthcare.gov, when one of the audience members made just this point, proposing that the difficult launch was unavoidable, because the government simply couldn’t have tested bits of the project over time.
That observation illustrates the gulf between planning and reality in political circles. It is hard for policy people to imagine that Healthcare.gov could have had a phased rollout, even while it is having one.
At launch, on October 1, only a tiny fraction of potential users could actually try the service. They generated concrete errors. Those errors were handed to a team whose job was to improve the site, already public but only partially working. The resulting improvements are incremental, and put in place over a period of months. That is a phased rollout, just one conducted in the worst possible way.
The vision of “technology” as something you can buy according to a plan, then have delivered as if it were coming off a truck, flatters and relieves managers who have no idea and no interest in how this stuff works, but it’s also a breeding ground for disaster. The mismatch between technical competence and executive authority is at least as bad in government now as it was in media companies in the 1990s, but with much more at stake…
Now, and from now on, government will interact with its citizens via the internet, in increasingly important ways. This is a non-partisan issue; whichever party is in the White House will build and launch new forms of public service online. Unfortunately for us, the last new technology the government adopted for interacting with citizens was the fax; our senior political figures have little habit of talking to their own technically adept employees.
If I had to design a litmus test for whether our political class grasps the internet, I would look for just one signal: Can anyone with authority over a new project articulate the tradeoff between features, quality, and time?
When a project cannot meet all three goals—a situation Healthcare.gov was clearly in by March—something will give. If you want certain features at a certain level of quality, you’d better be able to move the deadline. If you want overall quality by a certain deadline, you’d better be able to delay or drop features. And if you have a fixed feature list and deadline, quality will suffer.
Intoning “Failure is not an option” will be at best useless, and at worst harmful. There is no “Suddenly Go Faster” button, no way you can throw in money or additional developers as a late-stage accelerant; money is not directly tradable for either quality or speed, and adding more programmers to a late project makes it later. You can slip deadlines, reduce features, or, as a last resort, just launch and see what breaks.
Denying this tradeoff doesn’t prevent it from happening. If no one with authority over the project understands that, the tradeoff is likely to mean sacrificing quality by default. That just happened to this administration’s signature policy goal. It will happen again, as long politicians can be allowed to imagine that if you just plan hard enough, you can ignore reality. It will happen again, as long as department heads imagine that complex technology can be procured like pencils. It will happen again as long as management regards listening to the people who understand the technology as a distasteful act.”

Google's Civic Information API: now connecting US users with their representatives


Jonathan Tomer, Software Engineer at Google Blog: “Many applications track and map governmental data, but few help their users identify the relevant local public officials. Too often local problems are divorced from the government institutions designed to help. Today, we’re launching new functionality in the Google Civic Information API that lets developers connect constituents to their federal, state, county and municipal elected officials—right down to the city council district.
The Civic Information API has already helped developers create apps for US elections that incorporate polling place and ballot information, from helping those affected by Superstorm Sandy find updated polling locations over SMS to learning more about local races through social networks. We want to support these developers in their work beyond elections, including everyday civic engagement.
In addition to elected representatives, the API also returns your political jurisdictions using Open Civic Data Identifiers. We worked with the Sunlight Foundation and other civic technology groups to create this new open standard to make it easier for developers to combine the Civic Information API with their datasets. For example, once you look up districts and representatives in the Civic Information API, you can match the districts up to historical election results published by Open Elections.
Developers can head over to the documentation to get started; be sure to check out the “Map Your Reps” sample application from Bow & Arrow to get a sense of what the API can do. You can also see the API in action today through new features from some of our partners, for example:

  • Change.org has implemented a new Decision Makers feature which allows users to direct a petition to their elected representative and lists that petition publicly on the representative’s profile page. As a result, the leader has better insight into the issues being discussed in their district, and a new channel to respond to constituents.
  • PopVox helps users share their opinions on bills with their Congressional Representatives in a meaningful format. PopVox uses the API to connect the user to the correct Congressional District. Because PopVox verifies that users are real constituents, the opinions shared with elected officials have more impact on the political process.

Over time, we will expand beyond US elected representatives and elections to other data types and places. We can’t grow without your help. As you use the API, please visit our Developer Forum to share your experiences and tell us how we can help you build the next generation of civic apps and services.”

Why We Engage: How Theories of Human Behavior Contribute to Our Understanding of Civic Engagement in a Digital Era


New paper by Gordon, Eric and Baldwin-Philippi, Jessica and Balestra, Martina: “…Just as the rapidly evolving landscape of connectivity and communications technology is transforming the individual’s experience of the social sphere, what it means to participate in civic life is also changing, both in how people do it and how it is measured. Civic engagement includes all the ways in which individuals attend to the concerns of public life, how one learns about and participates in all of the issues and contexts beyond one’s immediate private or intimate sphere. New technologies and corresponding social practices, from social media to mobile reporting, are providing different ways to record, share, and amplify that attentiveness. Media objects or tools that impact civic life can be understood within two broad types: those designed specifically with the purpose of community engagement in mind (for instance, a digital game for local planning or an app to give feedback to city council) or generic tools that are subsequently appropriated for engaging a community (such as Twitter or Facebook’s role in the Arab Spring or London riots). Moreover, these tools can mediate any number of relationships between or among citizens, local organizations, or government institutions. Digitally mediated civic engagement runs the gamut of phenomena from organizing physical protests using social media (e.g., Occupy), to using digital tools to hack institutions (e.g., Anonymous), to using city-produced mobile applications to access and coproduce government services, to using digital platforms for deliberating. Rather than try to identify what civic media tools look like in the midst of such an array of possibilities (by focusing on in depth examples or case studies), going forward we will instead focus on how digital tools expand the context of civic life and motivations for engagement, and what participating in civic life looks like in a digital era.
We present this literature review as a means of exploring the intersection of theories of human behavior with the motivations for and benefits of engaging in civic life. We bring together literature from behavioral economics, sociology, psychology and communication studies to reveal how civic actors, institutions, and decision-making processes have been traditionally understood, and how emerging media tools and practices are forcing their reconsideration.

Open Government Guide


Open Government Partnership: “We were proud to unveil the new Open Government Guide… The Guide—with its accompanying web site—has been developed to support this action planning in three ways :

To read the Guide go to OpenGovGuide.com. You can also use the Report Builder function and create a custom download tailored to your own country or to the officials and other audiences in the local planning process.
Anyone seeking governance reforms, from inside or outside government, faces political as well as logistical challenges, so the Guide is also intended to serve as a way to frame the sometimes difficult conversations about the steps to make reform a reality and show examples from other countries
The OGP process includes four “cohorts” of countries. The largest group are currently drafting their first action plans, and another cohort are already at work on their second plans. The Open Government Guide can help any group seeking to promote reform.
While the Guide is quite comprehensive, it is also a living document. We will continue to add more detailed topic areas. A new section is currently in development on the security sector, drafted by the Open Society Foundation’s Justice Initiative and including recommendations on transparency and accountability of military spending and on surveillance, drawing on the new International Principles on the Application of Human Rights to Communications Surveillance and the Global Principles on National Security and the Right to Information (The Tswhane Principles). To preview and comment on this document, please watch for the draft version at www.opengovguide.com/news. “

Four critiques of open data initiatives


Blog by Rob Kitchin: “The arguments concerning the benefits of open data are now reasonably well established and include contentions that open data lead to increased transparency and accountability with respect to public bodies and services; increases the efficiency and productivity of agencies and enhances their governance; promotes public participation in decision making and social innovation; and fosters economic innovation and job and wealth creation (Pollock 2006; Huijboom and Van der Broek 2011; Janssen 2012; Yiu 2012).
What is less well examined are the potential problems affecting, and negative consequences of, open data initiatives.  Consequently, as a provocation for Wednesday’s (Nov 13th, 4-6pm) Programmable City open data event I thought it might be useful to outline four critiques of open data, each of which deserves and demands critical attention: open data lacks a sustainable financial model; promotes a politics of the benign and empowers the empowered; lacks utility and usability; and facilitates the neoliberalisation and marketisation of public services.  These critiques do not suggest abandoning the move towards opening data, but contend that open data initiatives need to be much more mindful of what data are being made open, how data are made available, how they are being used, and how they are being funded.”

Social innovation, an answer to contemporary societal challenges? Locating the concept in theory and practice


Paper by R. Grimm, C. Fox, S. Baines, and K. Albertson in Innovation: The European Journal of Social Science Research: “Social innovation discourses see in social challenges opportunities to make societies more sustainable and cohesive through inclusive practices, coproduction and pro-active grassroots initiatives. In this paper we are concerned first that the concept has been stretched in so many directions that it is at breaking point. We illustrate this by documenting the varied uses of social innovation in different academic and policy discourses. Second, we assume that, if social innovation is to be a useful concept for policy-makers, then it must tell us something about what adjustments are needed to develop an effective political economy that is social innovation ready. Finally, we argue that what is needed is more theoretical and empirical work to help social innovation to develop into an effective policy tool”

Privacy in the 21st Century: From the “Dark Ages” to “Enlightenment”?


Paper by P. Kitsos and A. Yannoukakou in the International Journal of E-Politics (IJEP): “The events of 9/11 along with the bombarding in Madrid and London forced governments to resort to new structures of privacy safeguarding and electronic surveillance under the common denominator of terrorism and transnational crime fighting. Legislation as US PATRIOT Act and EU Data Retention Directive altered fundamentally the collection, processing and sharing methods of personal data, while it granted increased powers to police and law enforcement authorities concerning their jurisdiction in obtaining and processing personal information to an excessive degree. As an aftermath of the resulted opacity and the public outcry, a shift is recorded during the last years towards a more open governance by the implementation of open data and cloud computing practices in order to enhance transparency and accountability from the side of governments, restore the trust between the State and the citizens, and amplify the citizens’ participation to the decision-making procedures. However, privacy and personal data protection are major issues in all occasions and, thus, must be safeguarded without sacrificing national security and public interest on one hand, but without crossing the thin line between protection and infringement on the other. Where this delicate balance stands, is the focal point of this paper trying to demonstrate that it is better to be cautious with open practices than hostage of clandestine practices.”

OECD: Government at a Glance 2013


OECD: “Government at a Glance 2013 provides readers with a dashboard of key indicators assembled with the goal of contributing to the analysis and international comparison of public sector performance. Indicators on government revenues, expenditures, and employment are provided alongside key output and outcome data in the sectors of education and health. Government at a Glance also includes indicators on key governance and public management issues, such as transparency in governance, regulatory governance, new ways in delivering public services and HRM and compensation practices in the public service. While measuring government performance has long been recognized as playing an important role in increasing the effectiveness and efficiency of the public administration, following the economic crisis and fiscal tightening in many member countries, good indicators are needed more than ever to help governments make informed decisions regarding tough choices and help restore confidence in government institutions.”