The Future of FOIA in an Open Government World: Implications of the Open Government Agenda for Freedom of Information Policy and Implementation


Paper by Daniel Berliner, Alex Ingrams and Suzanne J. Piotrowski: “July 4, 2016 marked the fiftieth anniversary of the 1966 Freedom of Information Act of the United States. Freedom of Information (FOI) has become a vital element of the American political process, become recognized as a core value of democracy, and helped to inspire similar laws and movements around the world. FOI has always faced myriad challenges, including resistance, evasion, and poor implementation and enforcement. Yet the last decade has brought a change of a very different form to the evolution of FOI policy—the emergence of another approach to transparency that is in some ways similar to FOI, and in other ways distinct: open government. The open government agenda, driven by technological developments and motivated by a broader conception of transparency, today rivals, or by some measures, even eclipses FOI in terms of political attention and momentum. What have been the consequences of these trends? How does the advent of new technologies and new agendas shape the transparency landscape?

The political and policy contexts for FOI have fundamentally shifted due to the rise of the open government reform agenda. FOI was at one point the primary tool used to promote governance transparency. FOI is now just one good governance tool in an increasingly crowded field of transparency policy areas. Focus is increasingly shifting toward technology-enabled open data reforms. While many open government reformers see these as positive developments, many traditional FOI proponents have raised concerns. With a few notable exceptions, the academic literature has been silent on this issue. We offer a systematic framework for understanding the potential consequences—both positive and negative—of the open government agenda for FOI policy and implementation….(More)”.

Bureaucracy vs. Democracy


Philip Howard in The American Interest: “…For 50 years since the 1960s, modern government has been rebuilt on what I call the “philosophy of correctness.” The person making the decision must be able to demonstrate its correctness by compliance with a precise rule or metric, or by objective evidence in a trial-type proceeding. All day long, Americans are trained to ask themselves, “Can I prove that what I’m about to do is legally correct?”

In the age of individual rights, no one talks about the rights of institutions. But the disempowerment of institutional authority in the name of individual rights has led, ironically, to the disempowerment of individuals at every level of responsibility. Instead of striding confidently toward their goals, Americans tiptoe through legal minefields. In virtually every area of social interaction—schools, healthcare, business, public agencies, public works, entrepreneurship, personal services, community activities, nonprofit organizations, churches and synagogues, candor in the workplace, children’s play, speech on campus, and more—studies and reports confirm all the ways that sensible choices are prevented, delayed, or skewed by overbearing regulation, by an overemphasis on objective metrics,3 or by legal fear of violating someone’s alleged rights.

A Three-Part Indictment of Modern Bureaucracy

Reformers have promised to rein in bureaucracy for 40 years, and it’s only gotten more tangled. Public anger at government has escalated at the same time, and particularly in the past decade.  While there’s a natural reluctance to abandon a bureaucratic structure that is well-intended, public anger is unlikely to be mollified until there is change, and populist solutions do not bode well for the future of democracy.  Overhauling operating structures to permit practical governing choices would re-energize democracy as well as relieve the pressures Americans feel from Big Brother breathing down their necks.

Viewed in hindsight, the operating premise of modern bureaucracy was utopian and designed to fail. Here’s the three-part indictment of why we should abandon it.

1. The Economic Dysfunction of Modern Bureaucracy

Regulatory programs are indisputably wasteful, and frequently extract costs that exceed benefits. The total cost of compliance is high, about $2 trillion for federal regulation alone….

2. Bureaucracy Causes Cognitive Overload

The complex tangle of bureaucratic rules impairs a human’s ability to focus on the actual problem at hand. The phenomenon of the unhelpful bureaucrat, famously depicted in fiction by Dickens, Balzac, Kafka, Gogol, Heller, and others, has generally been characterized as a cultural flaw of the bureaucratic personality. But studies of cognitive overload suggest that the real problem is that people who are thinking about rules actually have diminished capacity to think about solving problems. This overload not only impedes drawing on what  calls “system 2” thinking (questioning assumptions and reflecting on long term implications); it also impedes access to what they call “system 1” thinking (drawing on their instincts and heuristics to make intuitive judgments)….

3. Bureaucracy Subverts the Rule of Law

The purpose of law is to enhance freedom. By prohibiting bad conduct, such as crime or pollution, law liberates each of us to focus our energies on accomplishment instead of self-protection. Societies that protect property rights and the sanctity of contracts enjoy far greater economic opportunity and output than those that do not enforce the rule of law….(More)”.

Configurations, Dynamics and Mechanisms of Multilevel Governance


Book edited by Nathalie Behnke, Jörg Broschek and Jared Sonnicksen: “This edited volume provides a comprehensive overview of the diverse and multi-faceted research on governance in multilevel systems. The book features a collection of cutting-edge trans-Atlantic contributions, covering topics such as federalism, decentralization as well as various forms and processes of regionalization and Europeanization. While the field of multilevel governance is comparatively young, research in the subject has also come of age as considerable theoretical, conceptual and empirical advances have been achieved since the first influential works were published in the early noughties. The present volume aims to gauge the state-of-the-art in the different research areas as it brings together a selection of original contributions that are united by a variety of configurations, dynamics and mechanisms related to governing in multilevel systems….(More)”.

Smart Contracts and Their Identity Crisis


Paper by Alvaro Gonzalez Rivas, Mariya Tsyganova and Eliza Mik: “Many expect Smart Contracts (SC’s) to disrupt the way contracts are done implying that SC have the potential to affect all commercial relationships. SC’s are automatization tools; therefore, proponents claim that SC’s can reduce transaction costs through disintermediation and risk reduction.

This is an over-simplification of the role of relationships, contract law, and risk. We believe there is a gap in the understanding of the capabilities of SC’s. With that in mind we seek to define an amorphous term and clarify the capabilities of SC’s, intending to facilitate future SC research. We’ve examined the legal, technical, and IS views from an academic and practitioner’s perspective. We conclude that SC’s have taken many forms, becoming a suitcase word for any sort of code stored on a blockchain, including the embodiment of contractual terms; and that the immutable nature of SC’s is a barrier to their adoption in uncertain and multi-contextual environments….(More)”.

Open Data Politics: A Case Study on Estonia and Kazakhstan


Book by Maxat Kassen: “… offers a cross-national comparison of open data policies in Estonia and Kazakhstan. By analyzing a broad range of open data-driven projects and startups in both countries, it reveals the potential that open data phenomena hold with regard to promoting public sector innovations. The book addresses various political and socioeconomic contexts in these two transitional societies, and reviews the strategies and tactics adopted by policymakers and stakeholders to identify drivers of and obstacles to the implementation of open data innovations. Given its scope, the book will appeal to scholars, policymakers, e-government practitioners and open data entrepreneurs interested in implementing and evaluating open data-driven public sector projects….(More)”

Thinking about GovTech: A brief guide for policymakers


Report by Tanya Filer: “If developed with care, the emergent GovTech ecosystem, in which start-ups and innovative small and medium enterprises (SMEs) provide innovative technology products and services to public sector clients, could contribute to achieving these objectives. Thinking about GovTech introduces the concept of GovTech and identifies eight activities that policymakers can undertake to foster national GovTech innovation ecosystems and help to steer them towards positive outcomes for citizens and public administrators. It suggests that policymakers:

1. Build the social and technical foundations for GovTech
2. Embed expectations of accountability at an ecosystem-wide level
3. Address GovTech procurement barriers
4. Ensure the provision of appropriate, and often patient, capital
5. Engage academia at each stage of the GovTech innovation lifecycle
6. Develop pipelines of technological talent, emphasising public sector problems and
opportunities
7. Build translator capacity within the public sector
8. Develop and utilise regional and international networks

Thinking about GovTech is the first GovTech guide written for a fully international audience of policymakers. It offers examples of emerging international policy and programme design and urges policymakers to think carefully about local context and capacity for implementation….(More)”.

Evidence vs Democracy: what are we doing to bridge the divide?


Jonathan Breckon, and Anna Hopkins at the Alliance for Useful Evidence: “People are hacked off with politicians. Whether it’s hurling abuse at MPs outside the House of Commons, or the burning barricades of Gilets Jaunes in Toulouse, discontent is in the air.

The evidence movement must respond to the ‘politics of distrust’. We cannot carry on regardless. For evidence advocates like us, reaching over the heads of the public to get research into the hands of elite policy-makers is not enough. Let’s be honest and accept that a lot of our work goes on behind closed doors. The UK’s nine What Works Centres only rarely engage with the public – more often with professionals, budget holders or civil servants. The evidence movement needs to democratise.

However, the difficulty is that evidence is hard work. It needs slow-thinking, and at least a passing knowledge of statistics, economics, or science.  How on earth can you do all that on Twitter or Facebook?

In a report published today we look at ‘mini-publics’ – an alternative democratic platform to connect citizens with research. Citizens’ Juries, Deliberative Polls, Consensus Conferences and other mini-publics are forums that bring people and evidence together, for constructive, considered debate. Ideally, people work in small groups, that are randomly chosen, and have the chance to interrogate experts in the field in question.

This is not a new idea. The idea of a ‘minipopulus’ was set out by the American political theorist Robert Dahl in the 1970s. Indeed, there is an even older heritage. Athenian classical democracy did for a time select small groups of officials by lot.

It’s also not a utopian idea from the past, as we have found many promising recent examples. For example in the UK, a Citizens’ Assembly on adult social care gave recommendations to two parliamentary Select Committees last year. There are also examples of citizens contributing to our public institutions and agendas by deliberating – through NICE’s Citizens Council or the James Lind Alliance.

We shouldn’t ignore this resistance to the mood of disaffection. Initiatives like the RSA’s Campaign for Deliberative Democracy are making the case for a step-change. To break the political deadlock on Brexit, there has been a call to create a Citizens’ Assembly on Brexit by former Prime Minister Gordon Brown, Stella Creasy MP and others. And there are many hopeful visions of a democratic future from abroad – like the experiments in Canada and Australia. Our report explores many of these international examples.

Citizens can make informed decisions – if we allow them to be citizens. They can understand, debate and interrogate research in platforms like mini-publics. And they can use evidence to help make the case for their priorities and concerns….(More)”.

How to use ‘design thinking’ to create better policy


Public Admin Explainer: “Public policies and programs are intended to improve the lives of citizens, so how can we ensure that they are as well-designed as possible?

In a recent article in Policy Design and Practice, ANZSOG’s Professor Michael Mintrom and Madeline Thomas explore the neglected connection between design thinking and the successful commissioning of public services. 

Prof. Mintrom and Ms Thomas outline how design thinking can be used to contribute to more effective commissioning, concluding that paying greater attention to local collaboration and service enhancement through the application of design thinking can improve commissioning and contribute significantly to the pursuit of desired social and economic outcomes….

Design thinking encourages end-users, policy designers, central departments, and line agencies to work in a collaborative and iterative manner. 

The most important skill for a design thinker is to “imagine the world from multiple perspectives – those of colleagues, clients, end-users, and customers”. This is where greater empathy for different perspectives emerges.

Design thinking does not start with a presumption of a known answer or even a well-defined problem. Through iterative ethnographic methods, design thinking can reduce gaps between the goals of policymaking and the experiences of citizens as they interact with government-funded services.

This kind of design thinking can be pursued through a range of techniques:

  • Environment Scanning: This strategy explores present behaviours of individuals and groups in given localities and the outcomes resulting from those behaviours. It also seeks to identify trends that may influence future outcomes. Used appropriately, it creates an evidence-based method of gathering, synthesising, and interpreting information, which can shift the attention of an organisation towards new opportunities, threats, and potential blind spots.
  • Participant Observation: While environment scanning facilitates the broad exploration of an issue, observation requires engaging with people encountering specific problems. Participant observation can access tacit, otherwise, difficult-to-capture knowledge from subjects. This gives policy makers the ability to notice significant and seemingly insignificant details to gather information.
  • Open-to-Learning Conversation: There is a common tendency, not limited to the public sector, for service-producing organisations to limit choices for clients and make incremental adjustments. Problems are addressed using standard operating procedures that attempt to maintain predefined notions of order. Rather than just trying to find alternate strategies within an existing set of choices, policy makers should try and question the existing choice set. To achieve divergent thinking, it is important to have a diverse group of people involved in the process. Diverging thinking is less about analysing existing options and more about the creation of new options and questioning the fundamental basis of existing structures.
  • Mapping: Mapping has long been used in policymaking to explore the links between mechanism design and implementation. A concept map can be used to develop a conceptual framework to guide evaluation or planning. Mapping allows the designer to visualise how things connect and spot emerging patterns. This can be done by putting one idea, or user, at the centre and then mapping how the other ideas and insights play off it. Journey mapping communicates the user experience from beginning to end and offers broader, sophisticated, and holistic knowledge of that experience. This can be a very powerful antidote to complacency and a good way to challenge conventional thinking.
  • Sensemaking: The sensemaking perspective suggests that in organisational settings, much latitude exists in the interpretation of situations and events. Sensemaking requires connections to be forged between seemingly unrelated issues through a process of selective pruning and visual organisation. Dialogue is critical to sensemaking. Once data and insights have been externalised – for example, in the form of post-it notes on the wall – designers can begin the more intellectual task of identifying explicit and implicit relationships….(More)”.


Privacy concerns collide with the public interest in data


Gillian Tett in the Financial Times: “Late last year Statistics Canada — the agency that collects government figures — launched an innovation: it asked the country’s banks to supply “individual-level financial transactions data” for 500,000 customers to allow it to track economic trends. The agency argued this was designed to gather better figures for the public interest. However, it tipped the banks into a legal quandary. Under Canadian law (as in most western countries) companies are required to help StatsCan by supplying operating information. But data privacy laws in Canada also say that individual bank records are confidential. When the StatsCan request leaked out, it sparked an outcry — forcing the agency to freeze its plans. “It’s a mess,” a senior Canadian banker says, adding that the laws “seem contradictory”.

Corporate boards around the world should take note. In the past year, executive angst has exploded about the legal and reputational risks created when private customer data leak out, either by accident or in a cyber hack. Last year’s Facebook scandals have been a hot debating topic among chief executives at this week’s World Economic Forum in Davos, as has the EU’s General Data Protection Regulation. However, there is another important side to this Big Data debate: must companies provide private digital data to public bodies for statistical and policy purposes? Or to put it another way, it is time to widen the debate beyond emotive privacy issues to include the public interest and policy needs. The issue has received little public debate thus far, except in Canada. But it is becoming increasingly important.

Companies are sitting on a treasure trove of digital data that offers valuable real-time signals about economic activity. This information could be even more significant than existing statistics, because they struggle to capture how the economy is changing. Take Canada. StatsCan has hitherto tracked household consumption by following retail sales statistics, supplemented by telephone surveys. But consumers are becoming less willing to answer their phones, which undermines the accuracy of surveys, and consumption of digital services cannot be easily pursued. ...

But the biggest data collections sit inside private companies. Big groups know this, and some are trying to respond. Google has created its own measures to track inflation, which it makes publicly available. JPMorgan and other banks crunch customer data and publish reports about general economic and financial trends. Some tech groups are even starting to volunteer data to government bodies. LinkedIn has offered to provide anonymised data on education and employment to municipal and city bodies in America and beyond, to help them track local trends; the group says this is in the public interest for policy purposes, as “it offers a different perspective” than official data sources. But it is one thing for LinkedIn to offer anonymised data when customers have signed consent forms permitting the transfer of data; it is quite another for banks (or other companies) who have operated with strict privacy rules. If nothing else, the CanStat saga shows there urgently needs to be more public debate, and more clarity, around these rules. Consumer privacy issues matter (a lot). But as corporate data mountains grow, we will need to ask whether we want to live in a world where Amazon and Google — and Mastercard and JPMorgan — know more about economic trends than central banks or finance ministries. Personally, I would say “no”. But sooner or later politicians will need to decide on their priorities in this brave new Big Data world; the issue cannot be simply left to the half-hidden statisticians….(More)”.

MIT Sloan study finds crowdsourcing an effective tool to fight spread of fake news


MIT Sloan Press Release: “Fake news isn’t a new problem, but it’s becoming a greater concern because of social media, where it is easily created and rapidly distributed. A recent study by MIT Sloan School of Management Prof. David Rand and Prof. Gordon Pennycook of the University of Regina finds there is a possible solution: crowdsourcing. As their research shows that laypeople trust reputable news outlets more than outlets that create misinformation, social media platforms could use trust ratings to inform how they promote content.

(PRNewsfoto/MIT Sloan School of Management)
(PRNewsfoto/MIT Sloan School of Management)

“There has been a lot of research examining fake news and how it spreads, but this study is among the first to suggest a potential long-term solution, which is cause for measured optimism. If we can decrease the amount of misinformation spreading on social media, we can increase agreement on basic facts across political parties, which will hopefully lead to less political polarization and a greater ability to compromise on how to run the country,” says Rand. “It may also make it harder for individuals to win elections based on false claims.”

He notes that current solutions for fighting misinformation deployed by social media companies haven’t been that effective. For example, partnering with fact-checkers isn’t scalable because they can’t keep up with the rapid creation of false stories. Further, putting warnings on content found to be false can be counterproductive, because it makes misleading stories that didn’t get checked seem more accurate – the “implied truth” effect.

“Our study is good news because we find a scalable solution to this problem, based on the surprisingly good judgment of everyday Americans. Things may not be as hopeless as most coverage of fake news makes you think,” says Rand.

In their study, Rand and Pennycook examined whether crowdsourcing could work as an effective tool in fighting the spread of misinformation. They asked laypeople to rate familiarity with and trust in news sources across three categories: mainstream media outlets, hyper-partisan websites, and websites that produce blatantly false content (“fake news”). The pool of people surveyed was nationally representative across age, gender, ethnicity, and political affiliations. They also asked professional fact-checkers the same questions to compare responses.

They found that laypeople trust reputable news outlets more than those that create misinformation and that the trust ratings of the laypeople surveyed closely matched the trust ratings of professional fact-checkers. “Our results show that laypeople are much better than many would have expected at knowing which outlets to trust,” says Rand. “Although there were clear partisan differences, with Republicans distrusting all mainstream outlets (except for Fox News) relative to Democrats, there was a remarkable consensus regarding non-mainstream outlets being untrustworthy.”…(More)”.