Announcing New U.S. Open Government Commitments on the Third Anniversary of the Open Government Partnership

Curated on Posted on by Stefaan Verhulst

US White House Fact Sheet: “Three years ago, President Obama joined with the leaders of seven other nations to launch the Open Government Partnership (OGP), an international partnership between governments and civil society to promote transparency, fight corruption, energize civic engagement, and leverage new technologies to open up governments worldwide.  The United States and other founding countries pledged to transform the way that governments serve their citizens in the 21st century.  Today, as heads of state of OGP participating countries gather at the UN General Assembly, this partnership has grown from 8 to 65 nations and hundreds of civil society organizations around the world. These countries are embracing the challenge by taking steps in partnership with civil society to increase the ability of citizens to engage their governments, access government data to fuel entrepreneurship and innovation, and promote accountability….
The United States is committed to continuing to lead by example in OGP.  Since assuming office, President Obama has prioritized making government more open and accountable and has taken substantial steps to increase citizen participation, collaboration with civil society, and transparency in government.  The United States will remain a global leader of international efforts to promote transparency, stem corruption and hold to account those who exploit the public’s trust for private gain.  Yesterday, President Obama announced several steps the United States is taking to deepen our support for civil society globally.
Today, to mark the third anniversary of OGP, President Obama is announcing four new and expanded open government initiatives that will advance our efforts through the end of 2015.
1.      Promote Open Education to Increase Awareness and Engagement
Open education is the open sharing of digital learning materials, tools, and practices that ensures free access to and legal adoption of learning resources.  The United States is committed to open education and will:

  • Raise open education awareness and identify new partnerships. The U.S. Department of State, the U.S. Department of Education, and the Office of Science and Technology Policy will jointly host a workshop on challenges and opportunities in open education internationally with stakeholders from academia, industry, and government.
  • Pilot new models for using open educational resources to support learning.  The State Department will conduct three pilots overseas by December 2015 that use open educational resources to support learning in formal and informal learning contexts. The pilots’ results, including best practices, will be made publicly available for interested educators.
  • Launch an online skills academy. The Department of Labor (DOL), with cooperation from the Department of Education, will award $25 million through competitive grants to launch an online skills academy in 2015 that will offer open online courses of study, using technology to create high-quality, free, or low-cost pathways to degrees, certificates, and other employer-recognized credentials.

2.      Deliver Government Services More Effectively Through Information Technology
The Administration is committed to serving the American people more effectively and efficiently through smarter IT delivery. The newly launched U.S. Digital Service will work to remove barriers to digital service delivery and remake the experience that people and businesses have with their government. To improve delivery of Federal services, information, and benefits, the Administration will:

  • Expand digital service delivery expertise in government. Throughout 2015, the Administration will continue recruiting top digital talent from the private and public sectors to expand services across the government. These individuals —who have expertise in technology, procurement, human resources, and financing —will serve as digital professionals in a number of capacities in the Federal government, including the new U.S. Digital Service and 18F digital delivery team within the U.S. General Services Administration, as well as within Federal agencies. These teams will take best practices from the public and private sectors and scale them across agencies with a focus on the customer experience.
  • Build digital services in the open. The Administration will expand its efforts to build digital services in the open. This includes using open and transparent processes intended to better understand user needs, testing pilot digital projects, and designing and developing digital services at scale. In addition, building on the recently published Digital Services Playbook, the Administration will continue to openly publish best practices on collaborative websites that enable the public to suggest improvements.
  • Adopt an open source software policy. Using and contributing back to open source software can fuel innovation, lower costs, and benefit the public. No later than December 31, 2015, the Administration will work through the Federal agencies to develop an open source software policy that, together with the Digital Services Playbook, will support improved access to custom software code developed for the Federal government.

3.      Increase Transparency in Spending
The Administration has made an increasing amount of Federal spending data publicly available and searchable, allowing nationwide stakeholders to perform analysis of Federal spending. The Administration will build on these efforts by committing to:

  • Improve USAspending.gov. In 2015, the Administration will launch a refreshed USAspending.gov website that will improve the site’s design and user experience, including better enabling users to explore the data using interactive maps and improving the search functionality and application programming interface.
  • Improve accessibility and reusability of Federal financial data.  In 2015, as part of implementation of the DATA Act,[2] the Administration will work to improve the accessibility and reusability of Federal financial data by issuing data element definition standards and standards for exchanging financial data. The Administration, through the Office of Management and Budget, will leverage industry data exchange standards to the extent practicable to maximize the sharing and utilization of Federal financial data.
  • Explore options for visualization and publication of additional Federal financial data.  The Administration, through the Treasury Department, will use small-scale pilots to help explore options for visualizing and publishing Federal financial data from across the government as required by the DATA Act.
  • Continue to engage stakeholders. The Administration will continue to engage with a broad group of stakeholders to seek input on Federal financial transparency initiatives including DATA Act implementation, by hosting town hall meetings, conducting interactive workshops, and seeking input via open innovation collaboration tools.

4.      Use Big Data to Support Greater Openness and Accountability
President Obama has recognized the growing importance of “big data” technologies for our economy and the advancement of public good in areas such as education, energy conservation, and healthcare. The Administration is taking action to ensure responsible uses of big data to promote greater openness and accountability across a range of areas and sectors. As part of the work it is doing in this area, the Administration has committed to:

  • Enhance sharing of best practices on data privacy for state and local law enforcement.  Federal agencies with expertise in law enforcement, privacy, and data practices will seek to enhance collaboration and information sharing about privacy best practices among state and local law enforcement agencies receiving Federal grants.
  • Ensure privacy protection for big data analyses in health. Big data introduces new opportunities to advance medicine and science, improve health care, and support better public health. To ensure that individual privacy is protected while capitalizing on new technologies and data, the Administration, led by the Department of Health and Human Services, will: (1) consult with stakeholders to assess how Federal laws and regulations can best accommodate big data analyses that promise to advance medical science and reduce health care costs; and (2) develop recommendations for ways to promote and facilitate research through access to data while safeguarding patient privacy and autonomy.
  • Expand technical expertise in government to stop discrimination. U.S. Government departments and agencies will work to expand their technical expertise to identify outcomes facilitated by big data analytics that may have a discriminatory impact on protected classes. …”

Citizen Science: The Law and Ethics of Public Access to Medical Big Data

Curated on Posted on by Stefaan Verhulst

New Paper by Sharona Hoffman: “Patient-related medical information is becoming increasingly available on the Internet, spurred by government open data policies and private sector data sharing initiatives. Websites such as HealthData.gov, GenBank, and PatientsLikeMe allow members of the public to access a wealth of health information. As the medical information terrain quickly changes, the legal system must not lag behind. This Article provides a base on which to build a coherent data policy. It canvasses emergent data troves and wrestles with their legal and ethical ramifications.
Publicly accessible medical data have the potential to yield numerous benefits, including scientific discoveries, cost savings, the development of patient support tools, healthcare quality improvement, greater government transparency, public education, and positive changes in healthcare policy. At the same time, the availability of electronic personal health information that can be mined by any Internet user raises concerns related to privacy, discrimination, erroneous research findings, and litigation. This Article analyzes the benefits and risks of health data sharing and proposes balanced legislative, regulatory, and policy modifications to guide data disclosure and use.”

Open Payments Database: Despite Criticism, Still On Track To Let The Sunshine In

Curated on Posted on by Stefaan Verhulst

Shefali Luthra at Kaiser Health News: “Despite technical glitches, the federal “Open Payments” database – which tracks pharmaceutical company contributions to doctors and teaching hospitals – remains on track for its scheduled Sept. 30 launch, the Centers for Medicare and Medicaid Services confirmed.
It was mandated by a sunshine act included in the federal health law seeking to ease concerns that pharmaceutical interests could wield excessive influence over health providers. The database includes payments for research, gifts, meals or speaker fees. Consumer advocates have long called for the public display of such information, arguing that it is key to ensuring doctors don’t prescribe certain drugs out of financial incentives or loyalty.
As planned, the initial site will contain five months’ worth of payment information, spanning August 2013 through December 2013. But after a series of fits and starts, about one-third of the payment information for that period won’t be included because of questions that recently surfaced about its accuracy.
Here’s what happened. CMS made information about specific physicians and teaching hospitals available to those individual providers earlier this summer  so that they could confirm or contest payments and contributions listed. But at least one doctor saw payments that corresponded to a different provider, an error attributed to payment information that had been incorrectly submitted.
The mistake, found at the beginning of August, prompted an investigation by CMS that uncovered multiple inaccuracies, leading the agency to take down the database for more than a week. Since then, one third of the payment data included in the system has been removed, although a CMS spokesperson said corrected information will be reviewed and published next year. CMS would not specify what the flaws were with the removed information.
CMS has downplayed critics’ concerns that the problems indicate the database is not ready for public view and pledged  all data will be posted to the site in June 2015. The agency has suggested the inaccuracies come from incorrectly submitted drug company reports. Pharmaceutical interests, though, argue their companies submitted the data correctly – and that the fault lies in the technology behind the database.
ProPublica reported Aug. 28 that the database wouldn’t include payments pharmaceutical companies may have made to doctors through third-party organizations, because of potential inaccuracies. Pharmaceutical companies could have given payments to contract research organizations, for instance – which perform tasks such as clinical trials – but any payments those companies then made to doctors haven’t been appropriately reviewed by doctors, according to the news organization…”

When Citizens Bypass Government

Curated on Posted on by Stefaan Verhulst

in Governing: “Local governments are facing new realities. Citizens’ trust in government has declined, and financial constraints do not allow local governments to deliver all of the services their communities would like. In response, citizens are changing as well. Increasingly, local residents and organizations are seizing opportunities to engage with their communities in their own ways by creating platforms that bypass government.
These platforms are powered by inexpensive technology and driven by a desire for community improvement that is bottom-up. While some local governments are embracing this development, others are reacting defensively, at least initially. As this phenomenon grows, more and more local governments will be faced with the challenge of deciding what their stances should be toward these citizen-engagement platforms.
In Alexandria, Va., a citizens’ group launched ACTion Alexandria, an online platform for residents to engage in challenges, debate solutions, share stories and develop relationships, all on their own and without the help or permission of the city government. Even though ACTion Alexandria is a platform created and owned by citizens, the city government supports it and even partners with it.
Oakland, Calif., initially took a less supportive stance to the citizen-developed Oakland Crimespotting website. Using open city law-enforcement data, Oakland Crimespotting provides residents with the most up-to-date information on crime in the city on an interactive map. A week after the site was launched, however, the city government cut off its data stream, saying Oakland Crimespotting’s frequent data demands were disrupting the city’s own crime-tracking website. Eventually, the city changed its mind and restored the data flow.
Citizen platforms are also have much to offer in times of crisis. In Allentown, Pa., in 2011, a devastating natural-gas explosion occurred in the downtown area. Five people died. During and following the disaster, Allentown residents used social-media platforms to provide updates about rescue and recovery, disseminate information about ways to help the affected families, and volunteer….”

The Decalogue of Policy Making 2.0: Results from Analysis of Case Studies on the Impact of ICT for Governance and Policy Modelling

Curated on Posted on by Stefaan Verhulst

Paper by Sotirios Koussouris, Fenareti Lampathaki, Gianluca Misuraca, Panagiotis Kokkinakos, and Dimitrios Askounis: “Despite the availability of a myriad of Information and Communication Technologies (ICT) based tools and methodologies for supporting governance and the formulation of policies, including modelling expected impacts, these have proved to be unable to cope with the dire challenges of the contemporary society. In this chapter we present the results of the analysis of a set of promising cases researched in order to understand the possible impact of what we define ‘Policy Making 2.0’, which refers to ‘a set of methodologies and technological solutions aimed at enabling better, timely and participative policy-making’. Based on the analysis of these cases we suggest a bouquet of (mostly ICT-related) practical and research recommendations that are relevant to researchers, practitioners and policy makers in order to guide the introduction and implementation of Policy Making 2.0 initiatives. We argue that this ‘decalogue’ of Policy Making 2.0 could be an operational checklist for future research and policy to further explore the potential of ICT tools for governance and policy modelling, so to make next generation policy making more ‘intelligent’ and hopefully able to solve or anticipate the societal challenges we are (and will be) confronted today and in the future.

Rethinking Democracy

Curated on Posted on by Stefaan Verhulst

Dani Rodrik at Project Syndicate: “By many measures, the world has never been more democratic. Virtually every government at least pays lip service to democracy and human rights. Though elections may not be free and fair, massive electoral manipulation is rare and the days when only males, whites, or the rich could vote are long gone. Freedom House’s global surveys show a steady increase from the 1970s in the share of countries that are “free” – a trend that the late Harvard political scientist Samuel Huntington dubbed the “third wave” of democratization….

A true democracy, one that combines majority rule with respect for minority rights, requires two sets of institutions. First, institutions of representation, such as political parties, parliaments, and electoral systems, are needed to elicit popular preferences and turn them into policy action. Second, democracy requires institutions of restraint, such as an independent judiciary and media, to uphold fundamental rights like freedom of speech and prevent governments from abusing their power. Representation without restraint – elections without the rule of law – is a recipe for the tyranny of the majority.

Democracy in this sense – what many call “liberal democracy” – flourished only after the emergence of the nation-state and the popular upheaval and mobilization produced by the Industrial Revolution. So it should come as no surprise that the crisis of liberal democracy that many of its oldest practitioners currently are experiencing is a reflection of the stress under which the nation-state finds itself….

In developing countries, it is more often the institutions of restraint that are failing. Governments that come to power through the ballot box often become corrupt and power-hungry. They replicate the practices of the elitist regimes they replaced, clamping down on the press and civil liberties and emasculating (or capturing) the judiciary. The result has been called “illiberal democracy” or “competitive authoritarianism.” Venezuela, Turkey, Egypt, and Thailand are some of the better-known recent examples.

When democracy fails to deliver economically or politically, perhaps it is to be expected that some people will look for authoritarian solutions. And, for many economists, delegating economic policy to technocratic bodies in order to insulate them from the “folly of the masses” almost always is the preferred approach.

…

Effective institutions of restraint do not emerge overnight; and it might seem like those in power would never want to create them. But if there is some likelihood that I will be voted out of office and that the opposition will take over, such institutions will protect me from others’ abuses tomorrow as much as they protect others from my abuses today. So strong prospects for sustained political competition are a key prerequisite for illiberal democracies to turn into liberal ones over time.

Optimists believe that new technologies and modes of governance will resolve all problems and send democracies centered on the nation-state the way of the horse-drawn carriage. Pessimists fear that today’s liberal democracies will be no match for the external challenges mounted by illiberal states like China and Russia, which are guided only by hardnosed realpolitik. Either way, if democracy is to have a future, it will need to be rethought.”

The Fourth Revolution: How the Infosphere is Reshaping Human Reality

Curated on Posted on by Stefaan Verhulst

New Book by Luciano Florini (Chapter 1 (pdf): “Considers the influence information and communication technologies (ICTs) are having on our world; Describes some of the latest developments in ICTs and their use in a range of fields; Argues that ICTs have become environmental forces that create and transform our realities; Explores the impact of ICTs in a range of areas, from education and scientific research to social interaction, and even war..
Who are we, and how do we relate to each other? Luciano Floridi, one of the leading figures in contemporary philosophy, argues that the explosive developments in Information and Communication Technologies (ICTs) is changing the answer to these fundamental human questions.
As the boundaries between life online and offline break down, and we become seamlessly connected to each other and surrounded by smart, responsive objects, we are all becoming integrated into an “infosphere”. Personas we adopt in social media, for example, feed into our ‘real’ lives so that we begin to live, as Floridi puts in, “onlife”. Following those led by Copernicus, Darwin, and Freud, this metaphysical shift represents nothing less than a fourth revolution.
“Onlife” defines more and more of our daily activity – the way we shop, work, learn, care for our health, entertain ourselves, conduct our relationships; the way we interact with the worlds of law, finance, and politics; even the way we conduct war. In every department of life, ICTs have become environmental forces which are creating and transforming our realities. How can we ensure that we shall reap their benefits? What are the implicit risks? Are our technologies going to enable and empower us, or constrain us? Floridi argues that we must expand our ecological and ethical approach to cover both natural and man-made realities, putting the ‘e’ in an environmentalism that can deal successfully with the new challenges posed by our digital technologies and information society.”

Just how well has the 'nudge unit' done?

Curated on Posted on by Stefaan Verhulst

Broadcast at BBC News: “Nudging – concept of changing people’s behaviour without recourse to the law but to psychology – has been one of the big policy ideas of the last few years
The coalition government set up a “nudge unit”, officially called the Behavioural Insights Team, in 2010. But just how successful has it been?
David Halpern, who heads the unit, told the Today programme’s Evan Davis that it has enjoyed a wide range of successes. He said that by adding the line “‘most people pay their tax on time’ to a letter you get a significant increase in the number of people who pay their tax on time and you get a reduction in complaints.
“It turns out it’s a nicer way, to encourage people than to threaten them.”
But Professor Gerd Gigerenzer, director of the Max Planck Institute for Human Development, told the programme that he did not “object against nudging per se but against the philosophy underlying it, namely that basically that people are born more or less stupid.”
There is, he said, a real alternative to nudging, that of educating people to become “risk-savvy citizens: to invest in to making people competent”.
 

Open Intellectual Property Casebook

Curated on Posted on by Stefaan Verhulst

New book by James Boyle & Jennifer Jenkins: “..This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback print edition for $29.99, $130 cheaper than other intellectual property casebooks.
This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.
The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court’s new rulings on gene patents.
Intellectual Property: Law & the Information Society is current as of August 2014. It includes discussions of such issues as the Redskins trademark cancelations, the Google Books case and the America Invents Act. Its illustrations range from graphs showing the growth in patent litigation to comic book images about copyright. The best way to get some sense of its coverage is to download it. In coming weeks, we will provide a separate fuller webpage with a table of contents and individual downloadable chapters.
The Center has also published an accompanying supplement of statutory and treaty materials that is available for free download and low cost print purchase.”