Open government and conflicts with public trust and privacy: Recent research ideas

Curated on Posted on by Stefaan Verhulst
Article by John Wihbey:  “Since the Progressive Era, ideas about the benefits of government openness — crystallized by Justice Brandeis’s famous phrase about the disinfectant qualities of “sunlight” — have steadily grown more popular and prevalent. Post-Watergate reforms further embodied these ideas. Now, notions of “open government” and dramatically heightened levels of transparency have taken hold as zero-cost digital dissemination has become a reality. Many have advocated switching the “default” of government institutions so information and data are no longer available just “on demand” but rather are publicized as a matter of course in usable digital form.
As academic researchers point out, we don’t yet have a great deal of long-term, valid data for many of the experiments in this area to weigh civic outcomes and the overall advance of democracy. Anecdotally, though, it seems that more problems — from potholes to corruption — are being surfaced, enabling greater accountability. This “new fuel” of data also creates opportunities for businesses and organizations; and so-called “Big Data” projects frequently rely on large government datasets, as do “news apps.”
But are there other logical limits to open government in the digital age? If so, what are the rationales for these limits? And what are the latest academic insights in this area?
Most open-records laws, including the federal Freedom of Information Act, still provide exceptions that allow public institutions to guard information that might interfere with pending legal proceedings or jeopardize national security. In addition, the internal decision-making and deliberation processes of government agencies as well as documents related to personnel matters are frequently off limits. These exceptions remain largely untouched in the digital age (notwithstanding extralegal actions by WikiLeaks and Edward Snowden, or confidential sources who disclose things to the press). At a practical level, experts say that the functioning of FOIA laws is still uneven, and some states continue to threaten rollbacks.
Limits of transparency?
A key moment in the rethinking of openness came in 2009, when Harvard University legal scholar Lawrence Lessig published an essay in The New Republic titled “Against Transparency.” In it, Lessig — a well-known advocate for greater access to information and knowledge of many kinds — warned that transparency in and of itself could lead to diminished trust in government and must be tied to policies that can also rebuild public confidence in democratic institutions.
In recent years, more political groups have begun leveraging open records laws as a kind of tool to go after opponents, a phenomenon that has even touched the public university community, which is typically subject to disclosure laws….

Privacy and openness
If there is a tension between transparency and public trust, there is also an uneasy balance between government accountability and privacy. A 2013 paper in the American Review of Public Administration, “Public Pay Disclosure in State Government: An Ethical Analysis,” examines a standard question of disclosure faced in every state: How much should even low-level public servants be subject to personal scrutiny about their salaries? The researchers, James S. Bowman and Kelly A. Stevens of Florida State University, evaluate issues of transparency based on three competing values: rules (justice or fairness), results (what does the greatest good), and virtue (promoting integrity.)…”

The GovLab Academy: A Community and Platform for Learning and Teaching Governance Innovations

Curated on Posted on by Stefaan Verhulst

Press Release: “Today the Governance Lab (The GovLab) launches The GovLab Academy at the Open Government Partnership Annual Meeting in London.
Available at www.thegovlabacademy.org, the Academy is a free online community for those wanting to teach and learn how to solve public problems and improve lives using innovations in governance. A partnership between The GovLab  at New York University and MIT Media Lab’s Online Learning Initiative, the site launching today offers curated videos, podcasts, readings and activities designed to enable the purpose driven learner to deepen his or her practical knowledge at her own pace.
The GovLab Academy is funded by a grant from the John S. and James L. Knight Foundation. “The GovLab Academy addresses a growing need among policy makers at all levels – city, federal and global – to leverage advances in technology to govern differently,” says Carol Coletta, Vice President of Community and National Initiatives at the Knight Foundation.  “By connecting the latest technological innovations to a community of willing mentors, the Academy has the potential to catalyze more experimentation in a sector that badly needs it.”
Initial topics include using data to improve policymaking and cover the role of big data, urban analytics, smart disclosure and open data in governance. A second track focuses on online engagement and includes practical strategies for using crowdsourcing to solicit ideas, organize distributed work and gather data.  The site features both curated content drawn from a variety of sources and original interviews with innovators from government, civil society, the tech industry, the arts and academia talking about their work around the world implementing innovations in practice, what worked and what didn’t, to improve real people’s lives.
Beth Noveck, Founder and Director of The GovLab, describes its mission: “The Academy is an experiment in peer production where every teacher is a learner and every learner a teacher. Consistent with The GovLab’s commitment to measuring what works, we want to measure our success by the people contributing as well as consuming content. We invite everyone with ideas, stories, insights and practical wisdom to contribute to what we hope will be a thriving and diverse community for social change”.”

New U.S. Open Government National Action Plan

Curated on Posted on by Stefaan Verhulst

The White House Fact Sheet: “In September 2011, President Obama joined the leaders of seven other nations in announcing the launch of the Open Government Partnership (OGP) – a global effort to encourage transparent, effective, and accountable governance.
Two years later, OGP has grown to 60 countries that have made more than 1000 commitments to improve the governance of more than two billion people around the globe.  OGP is now a global community of government reformers, civil society leaders, and business innovators working together to develop and implement ambitious open government reforms and advance good governance…
Today at the OGP summit in London, the United States announced a new U.S. Open Government National Action Plan that includes six ambitious new commitments that will advance these efforts even further.  Those commitments include expanding open data, modernizing the Freedom of Information Act (FOIA), increasing fiscal transparency, increasing corporate transparency, advancing citizen engagement and empowerment, and more effectively managing public resources.
Expand Open Data:  Open Data fuels innovation that grows the economy and advances government transparency and accountability.  Government data has been used by journalists to uncover variations in hospital billings, by citizens to learn more about the social services provided by charities in their communities, and by entrepreneurs building new software tools to help farmers plan and manage their crops.  Building upon the successful implementation of open data commitments in the first U.S. National Action Plan, the new Plan will include commitments to make government data more accessible and useful for the public, such as reforming how Federal agencies manage government data as a strategic asset, launching a new version of Data.gov, and expanding agriculture and nutrition data to help farmers and communities.
Modernize the Freedom of Information Act (FOIA):  The FOIA encourages accountability through transparency and represents a profound national commitment to open government principles.  Improving FOIA administration is one of the most effective ways to make the U.S. Government more open and accountable.  Today, the United States announced a series of commitments to further modernize FOIA processes, including launching a consolidated online FOIA service to improve customers’ experience and making training resources available to FOIA professionals and other Federal employees.
Increase Fiscal Transparency:   The Administration will further increase the transparency of where Federal tax dollars are spent by making federal spending data more easily available on USASpending.gov; facilitating the publication of currently unavailable procurement contract information; and enabling Americans to more easily identify who is receiving tax dollars, where those entities or individuals are located, and how much they receive.
Increase Corporate Transparency:  Preventing criminal organizations from concealing the true ownership and control of businesses they operate is a critical element in safeguarding U.S. and international financial markets, addressing tax avoidance, and combatting corruption in the United States and abroad.  Today we committed to take further steps to enhance transparency of legal entities formed in the United States.
Advance Citizen Engagement and Empowerment:  OGP was founded on the principle that an active and robust civil society is critical to open and accountable governance.  In the next year, the Administration will intensify its efforts to roll back and prevent new restrictions on civil society around the world in partnership with other governments, multilateral institutions, the philanthropy community, the private sector, and civil society.  This effort will focus on improving the legal and regulatory framework for civil society, promoting best practices for government-civil society collaboration, and conceiving of new and innovative ways to support civil society globally.
More Effectively Manage Public Resources:   Two years ago, the Administration committed to ensuring that American taxpayers receive every dollar due for the extraction of the nation’s natural resources by committing to join the Extractive Industries Transparency Initiative (EITI).  We continue to work toward achieving full EITI compliance in 2016.  Additionally, the U.S. Government will disclose revenues on geothermal and renewable energy and discuss future disclosure of timber revenues.
For more information on OGP, please visit www.opengovpartnership.org or follow @opengovpart on Twitter.”
See also White House Plans a Single FOIA Portal Across Government

Google’s flu fail shows the problem with big data

Curated on Posted on by Stefaan Verhulst

Adam Kucharski in The Conversation: “When people talk about ‘big data’, there is an oft-quoted example: a proposed public health tool called Google Flu Trends. It has become something of a pin-up for the big data movement, but it might not be as effective as many claim.
The idea behind big data is that large amount of information can help us do things which smaller volumes cannot. Google first outlined the Flu Trends approach in a 2008 paper in the journal Nature. Rather than relying on disease surveillance used by the US Centers for Disease Control and Prevention (CDC) – such as visits to doctors and lab tests – the authors suggested it would be possible to predict epidemics through Google searches. When suffering from flu, many Americans will search for information related to their condition….
Between 2003 and 2008, flu epidemics in the US had been strongly seasonal, appearing each winter. However, in 2009, the first cases (as reported by the CDC) started in Easter. Flu Trends had already made its predictions when the CDC data was published, but it turned out that the Google model didn’t match reality. It had substantially underestimated the size of the initial outbreak.
The problem was that Flu Trends could only measure what people search for; it didn’t analyse why they were searching for those words. By removing human input, and letting the raw data do the work, the model had to make its predictions using only search queries from the previous handful of years. Although those 45 terms matched the regular seasonal outbreaks from 2003–8, they didn’t reflect the pandemic that appeared in 2009.
Six months after the pandemic started, Google – who now had the benefit of hindsight – updated their model so that it matched the 2009 CDC data. Despite these changes, the updated version of Flu Trends ran into difficulties again last winter, when it overestimated the size of the influenza epidemic in New York State. The incidents in 2009 and 2012 raised the question of how good Flu Trends is at predicting future epidemics, as opposed to merely finding patterns in past data.
In a new analysis, published in the journal PLOS Computational Biology, US researchers report that there are “substantial errors in Google Flu Trends estimates of influenza timing and intensity”. This is based on comparison of Google Flu Trends predictions and the actual epidemic data at the national, regional and local level between 2003 and 2013
Even when search behaviour was correlated with influenza cases, the model sometimes misestimated important public health metrics such as peak outbreak size and cumulative cases. The predictions were particularly wide of the mark in 2009 and 2012:

Original and updated Google Flu Trends (GFT) model compared with CDC influenza-like illness (ILI) data. PLOS Computational Biology 9:10
Click to enlarge

Although they criticised certain aspects of the Flu Trends model, the researchers think that monitoring internet search queries might yet prove valuable, especially if it were linked with other surveillance and prediction methods.
Other researchers have also suggested that other sources of digital data – from Twitter feeds to mobile phone GPS – have the potential to be useful tools for studying epidemics. As well as helping to analysing outbreaks, such methods could allow researchers to analyse human movement and the spread of public health information (or misinformation).
Although much attention has been given to web-based tools, there is another type of big data that is already having a huge impact on disease research. Genome sequencing is enabling researchers to piece together how diseases transmit and where they might come from. Sequence data can even reveal the existence of a new disease variant: earlier this week, researchers announced a new type of dengue fever virus….”

The End of Hypocrisy

Curated on Posted on by Stefaan Verhulst

New paper by Henry Farrell and Martha Finnemore in Foreign Affairs: “The U.S. government seems outraged that people are leaking classified materials about its less attractive behavior. It certainly acts that way: three years ago, after Chelsea Manning, an army private then known as Bradley Manning, turned over hundreds of thousands of classified cables to the anti-secrecy group WikiLeaks, U.S. authorities imprisoned the soldier under conditions that the UN special rapporteur on torture deemed cruel and inhumane. The Senate’s top Republican, Mitch McConnell, appearing on Meet the Press shortly thereafter, called WikiLeaks’ founder, Julian Assange, “a high-tech terrorist.””
More recently, following the disclosures about U.S. spying programs by Edward Snowden, a former National Security Agency analyst, U.S. officials spent a great deal of diplomatic capital trying to convince other countries to deny Snowden refuge. And U.S. President Barack Obama canceled a long-anticipated summit with Russian President Vladimir Putin when he refused to comply.
Despite such efforts, however, the U.S. establishment has often struggled to explain exactly why these leakers pose such an enormous threat. Indeed, nothing in the Manning and Snowden leaks should have shocked those who were paying attention…
The deeper threat that leakers such as Manning and Snowden pose is more subtle than a direct assault on U.S. national security: they undermine Washington’s ability to act hypocritically and get away with it. Their danger lies not in the new information that they reveal but in the documented confirmation they provide of what the United States is actually doing and why…”

IRM releases United States report for public comment

Curated on Posted on by Stefaan Verhulst
“The Open Government Partnership’s Independent Reporting Mechanism (IRM) has launched its eighth progress reports for public comment; this one is on the United States and can be found below….
The United States’ action plan was highly varied and, in many respects, ambitious and innovative and significant progress was made on most of the commitments. While OGP implementation in the United States drew inspiration from an unprecedented consultation on open government during the implementation of the 2009 Open Government Directive, the dedicated public consultation for the OGP action plan was more limited and arguably more targeted.
Several of the commitments in the action plan focused on improving transparency; however, open government progress has been relatively slower in controversial areas such as national security, ethics reform, declassification of documents, and Freedom of Information Act reform.
The United States completed half of the commitments in its action plan, while the other half saw limited or substantial progress.
Due to the nature of the US government, wherein federal agencies are to some degree independent of the White House, much of the best participation took place within agencies. There were several notable examples of participation and collaboration at this level, including the commitments around the Extractive Industries Transparency Initiative, the National Dialogue on Federal Website Policy, and NASA’s Space Apps competition.
This report is a draft for public comment.  All interested parties are encouraged to comment on this blog or to send public comments to IRM@opengovpartnership.org until November 14. Comments will be collated and published, except where the requestor asks to be anonymous. Where substantive factual errors are identified, comments will be integrated into a final version of the report.”
 

United States IRM Report

7 Tactics for 21st-Century Cities

Curated on Posted on by Stefaan Verhulst

Abhi Nemani, co-director of Code for America: “Be it the burden placed on them by shrinking federal support, or the opportunity presented by modern technology, 21st-century cities are finding new ways to do things. For four years, Code for America has worked with dozens of cities, each finding creative ways to solve neighborhood problems, build local capacity and steward a national network. These aren’t one-offs. Cities are championing fundamental, institutional reforms to commit to an ongoing innovation agenda.
Here are a few of the ways how:

  1. …Create an office of new urban mechanics or appoint a chief innovation officer…
  2. …Appoint a chief data officer or create an office of performance management/enhancement…
  3. …Adopt the Gov.UK Design Principles, and require plain, human language on every interface….
  4. …Share open source technology with a sister city or change procurement rules to make it easier to redeploy civic tech….
  5. …Work with the local civic tech community and engage citizens for their feedback on city policy through events, tech and existing forums…
  6. …Create an open data policy and adopt open data specifications…
  7. …Attract tech talent into city leadership, and create training opportunities citywide to level up the tech literacy for city staff…”

From open data to open democracy

Curated on Posted on by Stefaan Verhulst

Article by : “Such debates further underscore the complexities of open data and where it might lead. While open data may be viewed by some inside and outside government as a technically-focused and largely incremental project based upon information formatting and accessibility (with the degree of openness subject to a myriad of security and confidentiality provisions), such an approach greatly limits its potential. Indeed, the growing ubiquity of mobile and smart devices, the advent of open source operating systems and social media platforms, and the growing commitment by governments themselves to expansive public engagement objectives, all suggest a widening scope.
Yet, what will incentivize the typical citizen to access open data and to partake in collective efforts to create public value? It is here where our digital culture may well fall short, emphasizing individualized service and convenience at the expense of civic responsibility and community-mindedness. For one American academic, this “citizenship deficit” erodes democratic legitimacy and renders our politics more polarized and less discursive. For other observers in Europe, notions of the digital divide are giving rise to new “data divides.”
The politics and practicalities of data privacy often bring further confusion. While privacy advocates call for greater protection and a culture of data activism among Internet users themselves, the networked ethos of online communities and commercialization fuels speed and sharing, often with little understanding of the ramifications of doing so. Differences between consumerism and citizenship are subtle yet profoundly important, while increasingly blurred and overlooked.
A key conundrum provincially and federally, within the Westminster confines of parliamentary democracy, is that open data is being hatched mainly from within the executive branch, whereas the legislative branch watches and withers. In devising genuine democratic openness, politicians and their parties must do more than post expenses online: they must become partners and advocates for renewal. A lesson of open source technology, however, is that systemic change demands an informed and engaged civil society, disgruntled with the status quo but also determined to act anew.
Most often, such actions are highly localized, even in a virtual world, giving rise to the purpose and meaning of smarter and more intelligent communities. And in Canada it bears noting that we see communities both large and small embracing open data and other forms of online experimentation such as participatory budgeting. It is often within small but connected communities where a virtuous cycle of online and in-person identities and actions can deepen and impact decision-making most directly.
How, then, do we reconcile traditional notions of top-down political federalism and national leadership with this bottom-up approach to community engagement and democratic renewal? Shifting from open data to open democracy is likely to be an uneven, diverse, and at times messy affair. Better this way than attempting to ordain top-down change in a centralized and standardized manner.”

What the Government Does with Americans’ Data

Curated on Posted on by Stefaan Verhulst

New paper from the Brennan Center for Justice: “After the attacks of September 11, 2001, the government’s authority to collect, keep, and share information about Americans with little or no basis to suspect wrongdoing dramatically expanded. While the risks and benefits of this approach are the subject of intense debate, one thing is certain: it results in the accumulation of large amounts of innocuous information about law-abiding citizens. But what happens to this data? In the search to find the needle, what happens to the rest of the haystack? For the first time in one report, the Brennan Center takes a comprehensive look at the multiple ways U.S. intelligence agencies collect, share, and store data on average Americans. The report, which surveys across five intelligence agencies, finds that non-terrorism related data can be kept for up to 75 years or more, clogging national security databases and creating opportunities for abuse, and recommends multiple reforms that seek to tighten control over the government’s handling of Americans’ information.”

Why Nudge?: The Politics of Libertarian Paternalism

Curated on Posted on by Stefaan Verhulst

New and forthcoming book by Cass Sunstein: “Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests—producing what Sunstein describes as “behavioral market failures.” Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice.
Against those who reject paternalism of any kind, Sunstein shows that “choice architecture”—government-imposed structures that affect our choices—is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful—and that it makes people’s lives better and longer.”