Paper by Neal D. Woods in the Journal of Public Administration Research and Theory : “A broad range of procedural mechanisms designed to promote public involvement in regulatory decision making have been instituted at all levels of government. Depending upon the literature one consults, one could conclude that these procedures (1) enhance regulatory stringency by fostering access by previously underrepresented groups, (2) reduce regulatory stringency by institutionalizing access by regulated industries, (3) could either increase or decrease stringency depending on the relative strength of organized interests in the agency’s external environment, or (4) have no effect. This study investigates whether mechanisms designed to promote public involvement in administrative rulemaking affect the stringency of US state environmental regulation. The results suggest that requirements to provide public notice of agency rulemaking do not have a significant effect on the regulatory compliance costs imposed on industry, but mechanisms that provide direct access to rulemaking processes serve to decrease these costs. This effect is evident for access both to the agencies promulgating environmental regulations and to external entities reviewing these regulations. For promulgating agencies, the effect does not appear to be conditional on the relative power of societal interests. The results provide some evidence, however, that political officials respond to the strength of environmental and industry groups when reviewing agency regulations.”
When Nudges Fail: Slippery Defaults
New paper by Lauren E. Willis “Inspired by the success of “automatic enrollment” in increasing participation in defined contribution retirement savings plans, policymakers have put similar policy defaults in place in a variety of other contexts, from checking account overdraft coverage to home-mortgage escrows. Internet privacy appears poised to be the next arena. But how broadly applicable are the results obtained in the retirement savings context? Evidence from other contexts indicates two problems with this approach: the defaults put in place by the law are not always sticky, and the people who opt out may be those who would benefit the most from the default. Examining the new default for consumer checking account overdraft coverage reveals that firms can systematically undermine each of the mechanisms that might otherwise operate to make defaults sticky. Comparing the retirement-savings default to the overdraft default, four boundary conditions on the use of defaults as a policy tool are apparent: policy defaults will not be sticky when (1) motivated firms oppose them, (2) these firms have access to the consumer, (3) consumers find the decision environment confusing, and (4) consumer preferences are uncertain. Due to constitutional and institutional constraints, government regulation of the libertarian-paternalism variety is unlikely to be capable of overcoming these bounds. Therefore, policy defaults intended to protect individuals when firms have the motivation and means to move consumers out of the default are unlikely to be effective unless accompanied by substantive regulation. Moreover, the same is likely to be true of “nudges” more generally, when motivated firms oppose them.”
What Government Can and Should Learn From Hacker Culture
Alexis Wichowski in The Atlantic: “Can the open-source model work for federal government? Not in every way—for security purposes, the government’s inner workings will never be completely open to the public. Even in the inner workings of government, fears of triggering the next Wikileaks or Snowden scandal may scare officials away from being more open with one another. While not every area of government can be more open, there are a few areas ripe for change.
Perhaps the most glaring need for an open-source approach is in information sharing. Today, among and within several federal agencies, a culture of reflexive and unnecessary information withholding prevails. This knee-jerk secrecy can backfire with fatal consequences, as seen in the 1998 embassy bombings in Africa, the 9/11 attacks, and the Boston Marathon bombings. What’s most troubling is that decades after the dangers of information-sharing were identified, the problem persists.
What’s preventing reform? The answer starts with the government’s hierarchical structure—though an information-is-power mentality and “need to know” Cold War-era culture contribute too. To improve the practice of information sharing, government needs to change the structure of information sharing. Specifically, it needs to flatten the hierarchy.
Former Obama Administration regulation czar Cass Sunstein’s “nudge” approach shows how this could work. In his book Simpler: The Future of Government, he describes how making even small changes to an environment can affect significant changes in behavior. While Sunstein focuses on regulations, the broader lesson is clear: Change the environment to encourage better behavior and people tend to exhibit better behavior. Without such strict adherence to the many tiers of the hierarchy, those working within it could be nudged towards, rather than fight to, share information.
One example of where this worked is in with the State Department’s annual Religious Engagement Report (RER). In 2011, the office in charge of the RER decided that instead of having every embassy submit their data via email, they would post it on a secure wiki. On the surface, this was a decision to change an information-sharing procedure. But it also changed the information-sharing culture. Instead of sharing information only along the supervisor-subordinate axis, it created a norm of sharing laterally, among colleagues.
Another advantage to flattening information-sharing hierarchies is that it reduces the risk of creating “single points of failure,” to quote technology scholar Beth Noveck. The massive amounts of data now available to us may need massive amounts of eyeballs in order to spot patterns of problems—small pools of supervisors atop the hierarchy cannot be expected to shoulder those burdens alone. And while having the right tech tools to share information is part of the solution—as the wiki made it possible for the RER—it’s not enough. Leadership must also create a culture that nudges their staff to use these tools, even if that means relinquishing a degree of their own power.
Finally, a more open work culture would help connect interested parties across government to let them share the hard work of bringing new ideas to fruition. Government is filled with examples of interesting new projects that stall in their infancy. Creating a large pool of collaborators dedicated to a project increases the likelihood that when one torchbearer burns out, others in the agency will pick up for them.
When Linus Torvalds released Linux, it was considered, in Raymond’s words, “subversive” and “a distinct shock.” Could the federal government withstand such a shock?
Evidence suggests it can—and the transformation is already happening in small ways. One of the winners of the Harvard Kennedy School’s Innovations in Government award is State’s Consular Team India (CTI), which won for joining their embassy and four consular posts—each of which used to have its own distinct set of procedures-into a single, more effective unit who could deliver standardized services. As CTI describes it, “this is no top-down bureaucracy” but shares “a common base of information and shared responsibilities.” They flattened the hierarchy, and not only lived, but thrived.”
Residents remix their neighborhood’s streets through platform
Springwise: “City residents may not have degrees in urban planning, but their everyday use of high streets, parks and main roads means they have some valuable input into what’s best for their local environment. A new website called Streetmix is helping to empower citizens, enabling them to become architects with an easy-to-use street-building platform.
Developed by Code for America, the site greets users with a colorful cartoon representation of a typical street, split into segments of varying widths. Designers can then swap and change each piece into road, cycle paths, pedestrian areas, bus stops, bike racks and other amenities, as well as alter their dimensions. Users can create their own perfect high street or use the exact measurements of their own neighborhood to come up with new propositions for planned construction work. Indeed, Streetmix has already found use among residents and organizations to demonstrate how to better use the local space available. Kansas City’s Bike Walk KC has utilized the platform to show how new bike lanes could figure in an upcoming study of traffic flow in the region, while New Zealand’s Transport Blog has presented several alternatives to current street layouts in Auckland.
Streetmix is an easy-to-use visualization tool that can help amateurs present their ideas to local authorities in a more coherent way, potentially increasing the chances of politicians hearing calls for change. Are there other ways to help laymen express complex ideas more eloquently?”
Spotted by Murtaza Patel, written by Springwise
Chicago: Increase and improve City data
Initiative 14 of the Chicago Tech Plan: “The City will continue to increase and improve the quality of City data available internally and externally, and facilitate methods for analyzing that data to help create a smarter and more efficient city.”
Releasing data is a crucial component of creating an open and transparent government. Chicago is currently a leader in open data, capturing and publishing more than 400 machine-readable datasets to date. In 2012, Mayor Emanuel issued an executive order ensuring that the City continues to release new data, and empowering the Chief Data Officer to work with other City departments and agencies to develop new datasets. The City is following an aggressive schedule for releasing new datasets to the public and updating existing sets. It is also working to facilitate ways the City and others can use data to help improve City operations.
Source: https://web.archive.org/web/2000/https://www.chicago.gov/city/en/depts/mayor/iframe/plow_tracker.html
Open Data Success Story: ChicagoWorks
A collaboration between Alderman Ameya Pawar and local graphic design company 2pensmedia, ChicagoWorks is a free app that is changing the way Chicagoans interact with government. Using the app, residents can submit service requests directly to 311
and track the progress of reported issues. So far, more than 3,000 residents have downloaded the app.18
Open Data Success Story: SpotHero and Techstars Chicago
The app SpotHero makes residents’ lives easier by helping them find and reserve parking spots online. Developed in Chicago, the app had its start at Excelerate Labs, a Chicago start-up accelerator, now Techstars Chicago, that provides mentorship, training, and networking opportunities to 10 selected start-ups each year. After graduating from the program, ranked as one of the top 3 accelerators nationally, SpotHero attracted $2.5 million in VC funding. With this funding, the company is hiring new staff working to expand to other cities.19
Open Data Success Story: OpenGov Hack Night
Chicago boasts a community of “civic hackers” who are passionate about using technology to improve the city. An example of this passion in action is the OpenGov Hack Night. Organized by Open City, an organization that builds web apps and other tools using open government data, the Hack Night attracts civic hackers and curious residents eager to explore the intersection of open government data, smart cities, and technology. Every week, the Hack Night provides a collaborative environment for residents to learn about open data, working on cutting-edge projects and networking with passionate civic technologists.20
Bright Spots of open government to be recognised at global summit
Press Release of the UK Cabinet Office: “The 7 shortlisted initiatives vying for the Bright Spots award show how governments in Open Government Partnership countries are working with citizens to sharpen governance, harness new technologies to increase public participation and improve government responsiveness.
At the Open Government Partnership summit in London on 31 October 2013 and 1 November 2013, participants will be able to vote for one of the shortlisted projects. The winning project – the Bright Spot – will be announced in the summit’s final plenary session….
The shortlisted entries for the Bright Spots prize – which will be awarded at the London summit – are:
- Chile – ChileAtiende
The aim of ChileAtiende has been to simplify government to citizens by providing a one-stop shop for accessing public services. Today, ChileAtiende has more than 190 offices across the whole country, a national call centre and a digital platform, through which citizens can access multiple services and benefits without having to navigate multiple government offices.
- Estonia – People’s Assembly
The People’s Assembly is a deliberative democracy tool, designed to encourage input from citizens on the government’s legislative agenda. This web-based platform allows ordinary citizens to propose policy solutions to problems including fighting corruption. Within 3 weeks, 1,800 registered users posted nearly 6,000 ideas and comments. Parliament has since set a timetable for the most popular proposals to be introduced in the formal proceedings.
- Georgia – improvements to the Freedom of Information Act
Civil society organisations in Georgia have successfully used the government’s participation in OGP to advocate improvements to the country’s Freedom of Information legislation. Government agencies are now obliged to proactively publish information in a way that is accessible to anyone, and to establish an electronic request system for information.
- Indonesia – complaints portal
LAPOR! (meaning “to report” in Indonesian) is a social media channel where Indonesian citizens can submit complaints and enquiries about development programmes and public services. Comments are transferred directly to relevant ministries or government agencies, which can respond via the website. LAPOR! now has more than 225,350 registered users and receives an average of 1,435 inputs per day.
- Montenegro – Be Responsible app
“Be Responsible” is a mobile app that allows citizens to report local problems – from illegal waste dumps, misuse of official vehicles and irregular parking, to failure to comply with tax regulations and issues over access to healthcare and education.
- Philippines – citizen audits
The Citizen Participatory Audit (CPA) project is exploring ways in which citizens can be directly engaged in the audit process for government projects and contribute to ensuring greater efficiency and effectiveness in the use of public resources. 4 pilot audits are in progress, covering public works, welfare, environment and education projects.
- Romania – transparency in public sector recruitment
The PublicJob.ro website was set up to counter corruption and lack of transparency in civil service recruitment. PublicJob.ro takes recruitment data from public organisations and e-mails it to more than 20,000 subscribers in a weekly newsletter. As a result, it has become more difficult to manipulate the recruitment process.”
Talking About a (Data) Revolution
Dave Banisar at Article 19: “It is important to recognize the utility that data can bring. Data can ease analysis, reveal important patterns and facilitate comparisons. For example, the Transactional Access Clearing House (TRAC – http://www.trac.org) at Syracuse University uses data sets from the US Department of Justice to analyze how the federal government enforces its criminal and civil laws, showing how laws are applied differently across the US.
The (somewhat ICT-companies manufactured) excitement over “E-government” in the late 1990s imagined a brave new e-world where governments would quickly and easily provide needed information and services to their citizens. This was presented as an alternative to the “reactive” and “confrontational” right to information laws but eventually led to the realization that ministerial web pages and the ability to pay tickets online did not lead to open government. Singapore ranks near the top every year on e-government but is clearly not an ‘open government’. Similarly, it is important to recognize that governments providing data through voluntary measures is not enough.
For open data to promote open government, it needs to operate within a framework of law and regulation that ensures that information is collected, organized and stored and then made public in a timely, accurate and useful form. The information must be more than just what government bodies find useful to release, but what is important for the public to know to ensure that those bodies are accountable.
Otherwise, it is in danger of just being propaganda, subject to manipulation to make government bodies look good. TRAC has had to sue the USA federal government dozens of times under the Freedom of Information Act to obtain the government data and after they publish it, some government bodies still claim that the information is incorrect. Voluntary systems of publication usually fail when they potentially embarrass the bodies doing the publication.
In the countries where open data has been most successful such as the USA and UK, there also exists a legal right to demand information which keeps bodies honest. Most open government laws around the world now have requirements for affirmative publication of key information and they are slowly being amended to include open data requirements to ensure that the information is more easily usable.
Where there is no or weak open government laws, many barriers can obstruct open data. In Kenya, which has been championing their open data portal while being slow to adopt a law on freedom of information, a recent review found that the portal was stagnating. In part, the problem was that in the absence of laws mandating openness, there remains a culture of secrecy and fear of releasing information.
Further, mere access to data is not enough to ensure informed participation by citizens and enable their ability to affect decision-making processes. Legal rights to all information held by governments – right to information laws – are essential to tell the “why”. RTI reveals how and why decisions and policy are made – secret meetings, questionable contracts, dubious emails and other information. These are essential elements for oversight and accountability. Being able to document why a road was built for political reasons is as crucial for change as recognizing that it’s in the wrong place. The TRAC users, mostly journalists, use the system as a starting point to ask questions or why enforcement is so uneven or taxes are not being collected. They need sources and open government laws to ask these questions.
Of course, even open government laws are not enough. There needs to be strong rights for citizen consultation and participation and the ability to enforce those rights, such as is mandated by the UNECE Convention on Access to Environment Information, Public Participation and Access to Justice (Aarhus Convention). A protocol to that convention has led to a Europe-wide data portal on environmental pollution.
For open data to be truly effective, there needs to be a right to information enshrined in law that requires that information is made available in a timely, reliable format that people want, not just what the government body wants to release. And it needs to be backed up with rights of engagement and participation. From this open data can flourish. The OGP needs to refocus on the building blocks of open government – good law and policy – and not just the flashy apps.”
And Data for All: On the Validity and Usefulness of Open Government Data
Paper presented at the the 13th International Conference on Knowledge Management and Knowledge Technologies: “Open Government Data (OGD) stands for a relatively young trend to make data that is collected and maintained by state authorities available for the public. Although various Austrian OGD initiatives have been started in the last few years, less is known about the validity and the usefulness of the data offered. Based on the data-set on Vienna’s stock of trees, we address two questions in this paper. First of all, we examine the quality of the data by validating it according to knowledge from a related discipline. It shows that the data-set we used correlates with findings from meteorology. Then, we explore the usefulness and exploitability of OGD by describing a concrete scenario in which this data-set can be supportive for citizens in their everyday life and by discussing further application areas in which OGD can be beneficial for different stakeholders and even commercially used.”
Five Ways to Make Government Procurement Better
Mark Headd at Civic Innovations: “Nothing in recent memory has focused attention on the need for wholesale reform of the government IT procurement system more than the troubled launch of healthcare.gov.
There has been a myriad of blog posts, stories and articles written in the last few weeks detailing all of the problems that led to the ignominious launch of the website meant to allow people to sign up for health care coverage.
Though the details of this high profile flop are in the latest headlines, the underlying cause has been talked about many times before – the process by which governments contract with outside parties to obtain IT services is broken…
With all of this in mind, here are – in no particular order – five suggested changes that can be adopted to improve the government procurement process.
Raise the threshold on simplified / streamlined procurement
Many governments use a separate, more streamlined process for smaller projects that do not require a full RFP (in the City of Philadelphia, professional services projects that do not exceed $32,000 annually go through this more streamlined bidding process). In Philadelphia, we’ve had great success in using these smaller projects to test new ideas and strategies for partnering with IT vendors. There is much we can learn from these experiments, and a modest increase to enable more experimentation would allow governments to gain valuable new insights.
Narrowing the focus of any enhanced thresholds for streamlined budding to web-based projects would help mitigate risk and foster a quicker process for testing new ideas.
Identify clear standards for projects
Having a clear set of vendor-agnostic IT standards to use when developing RFPs and in performing work can make a huge difference in how a project turns out. Clearly articulating standards for:
- The various components that a system will use.
- The environment in which it will be housed.
- The testing it must undergo prior to final acceptance.
…can go a long way to reduce the risk an uncertainly inherent in IT projects.
It’s worth noting that most governments probably already have a set of IT standards that are usually made part of any IT solicitation. But these standards documents can quickly become out of date – they must undergo constant review and refinement. In addition, many of the people writing these standards may confuse a specific vendor product or platform with a true standard.
Require open source
Requiring that IT projects be open source during development or after completion can be an effective way to reduce risk on an IT project and enhance transparency. This is particularly true of web-based projects.
In addition, government RFPs should encourage the use of existing open source tools – leveraging existing software components that are in use in similar projects and maintained by an active community – to foster external participation by vendors and volunteers alike. When governments make the code behind their project open source, they enable anyone that understands software development to help make them better.
Develop a more robust internal capacity for IT project management and implementation
Governments must find ways to develop the internal capacity for developing, implementing and managing technology projects.
Part of the reason that governments make use of a variety of different risk mitigation provisions in public bidding is that there is a lack of people in government with hands on experience building or maintaining technology. There is a dearth of makers in government, and there is a direct relationship between the perceived risk that governments take on with new technology projects and the lack of experienced technologists working in government.
Governments need to find ways to develop a maker culture within their workforces and should prioritize recruitment from the local technology and civic hacking communities.
Make contracting, lobbying and campaign contribution data public as open data
One of the more disheartening revelations to come out of the analysis of healthcare.gov implementation is that some of the firms that were awarded work as part of the project also spent non-trivial amounts of money on lobbying. It’s a good bet that this kind of thing also happens at the state and local level as well.
This can seriously undermine confidence in the bidding process, and may cause many smaller firms – who lack funds or interest in lobbying elected officials – to simply throw up their hands and walk away.
In the absence of statutory or regulatory changes to prevent this from happening, governments can enhance the transparency around the bidding process by working to ensure that all contracting data as well as data listing publicly registered lobbyists and contributions to political campaigns is open.
Ensuring that all prospective participants in the public bidding process have confidence that the process will be fair and transparent is essential to getting as many firms to participate as possible – including small firms more adept at agile software development methodologies. More bids typically equates to higher quality proposals and lower prices.
None of the changes list above will be easy, and governments are positioned differently in how well they may achieve any one of them. Nor do they represent the entire universe of things we can do to improve the system in the near term – these are items that I personally think are important and very achievable.
One thing that could help speed the adoption of these and other changes is the development of robust communication framework between government contracting and IT professionals in different cities and different states. I think a “Municipal Procurement Academy” could go a long way toward achieving this.”
Collaborative Internet Governance: Terms and Conditions of Analysis
New paper by Mathieu O’Neil in the special issue on Contested Internet Governance of the Revue française d’études américaines: “Online projects are communities of practice which attempt to bypass the hierarchies of everyday life and to create autonomous institutions and forms of organisation. A wealth of theoretical frameworks have been put forward to account for these networked actors’ capacity to communicate and self-organise. This article reviews terminology used in Internet research and assesses what it implies for the understanding of regulatory-oriented collective action. In terms of the environment in which interpersonal communication occurs, what differences does it make to speak of “public spheres” or of “public spaces”? In terms of social formations, of “organisations” or “networks”? And in terms of the diffusion of information over the global network, of “contagion” or “trajectories”? Selecting theoretical frames is a momentous decision for researchers, as it authorises or forbids the analysis of different types of behaviour and practices”.-
Other papers on Internet Governance in the Revue:
Divina Frau-Meigs (Ed.). Conducting Research on the Internet and its Governance
The Internet and its Governance: A General Bibliography
Glossary of Key Terms and Notions about Internet Governance
Julia Pohle et Luciano Morganti The Internet Corporation for Assigned Names and Numbers (ICANN): Origins, Stakes and Tensions
Francesca Musiani et al. Net Neutrality as an Internet Governance Issue: The Globalization of an American-Born Debate
Jeanette Hofmann Narratives of Copyright Enforcement: The Upward Ratchet and the Sleeping Giant
Elizabeth Dubois et William H. Dutton The Fifth Estate in Internet Governance: Collective Accountability of a Canadian Policy Initiative
Mathieu O’Neil Collaborative Internet Governance: Terms and Conditions of Analysis
Peng Hwa Ang et Natalie Pang Globalization of the Internet, Sovereignty or Democracy: The Trilemma of the Internet Governance Forum