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


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

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


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

NEW: The Open Governance Knowledge Base


In its continued efforts to organize and disseminate learnings in the field of technology-enabled governance innovation, today, The Governance Lab is introducing a collaborative, wiki-style repository of information and research at the nexus of technology, governance and citizenship. Right now we’re calling it the Open Governance Knowledge Base, and it goes live today.
Our goal in creating this collaborative platform is to provide a single source of research and insights related to the broad, interdiscplinary field of open governance for the benefit of: 1) decision-makers in governing institutions seeking information and inspiration to guide their efforts to increase openness; 2) academics seeking to enrich and expand their scholarly pursuits in this field; 3) technology practitioners seeking insights and examples of familiar tools being used to solve public problems; and 4) average citizens simply seeking interesting information on a complex, evolving topic area.
While you can already find some pre-populated information and research on the platform, we need your help! The field of open governance is too vast, complex and interdisciplinary to meaningfully document without broad collaboration.
Here’s how you can help to ensure this shared resource is as useful and engaging as possible:

  • What should we call the platform? We want your title suggestions. Leave your ideas in the comments or tweet them to us @TheGovLab.
  • And more importantly: Share your knowledge and research. Take a look at what we’ve posted, create an account, refer to this MediaWiki formatting guide as needed and start editing!

Selected Readings on Crowdsourcing Opinions and Ideas


The Living Library’s Selected Readings series seeks to build a knowledge base on innovative approaches for improving the effectiveness and legitimacy of governance. This curated and annotated collection of recommended works on the topic of crowdsourcing was originally published in 2013.

As technological advances give individuals greater ability to share their opinions and ideas with the world, citizens are increasingly expecting government to consult with them and factor their input into the policy-making process. Moving away from the representative democracy system created in a less connected time, e-petitions; participatory budgeting (PB), a collaborative, community-based system for budget allocation; open innovation initiatives; and Liquid Democracy, a hybrid of direct and indirect democracy, are allowing citizens to make their voices heard between trips to the ballot box.

Selected Reading List (in alphabetical order)

Annotated Selected Reading List (in alphabetical order)

Bergmann, Eirikur. “Reconstituting Iceland – Constitutional Reform Caught in a New Critical Order in the Wake of Crisis.” in Academia.edu, (presented at the Political Legitimacy and the Paradox of Regulation, Leiden University, 2013). http://bit.ly/1aaTVYP.
  •  This paper explores the tumultuous history of Iceland’s “Crowdsourced Constitution.” The since-abandoned document was built upon three principles: distribution of power, transparency and responsibility.
  •  Even prior to the draft being dismantled through political processes, Bergmann argues that an overenthusiastic public viewed the constitution as a stronger example of citizen participation than it really was: “Perhaps with the delusion of distance the international media was branding the production as the world’s first ‘crowdsourced’ constitution, drafted by the interested public in clear view for the world to follow…This was however never a realistic description of the drafting. Despite this extraordinary open access, the Council was not able to systematically plough through all the extensive input as [it] only had four months to complete the task.”
  • Bergmann’s paper illustrates the transition Iceland’s constitution has undertaken in recent years: moving form a paradigmatic example of crowdsourcing opinions to a demonstration of the challenges inherent in bringing more voices into a realm dominated by bureaucracy and political concerns.
Gassmann, Oliver, Ellen Enkel, and Henry Chesbrough. “The Future of Open Innovation.” R&D Management 40, no. 3 (2010): 213– 221. http://bit.ly/1bk4YeN.
  • In this paper – an introduction to a special issue on the topic – Gassmann, Enkel and Chesbrough discuss the evolving trends in open innovation. They define the concept, referencing previous work by Chesbrough et al., as “…the purposive inflows and outflows of knowledge to accelerate internal innovation, and expand the markets for external use of innovation, respectively.”
  • In addition to examining the existing literature for the field, the authors identify nine trends that they believe will define the future of open innovation for businesses, many of which can also be applied to governing insitutions:
    • Industry penetration: from pioneers to mainstream
    • R&D intensity: from high to low tech
    • Size: from large firms to SMEs
    • Processes: from stage gate to probe-and-learn
    • Structure: from standalone to alliances
    • Universities: from ivory towers to knowledge brokers  Processes: from amateurs to professionals
    • Content: from products to services
    • Intellectual property: from protection to a tradable good
Gilman, Hollie Russon. “The Participatory Turn: Participatory Budgeting Comes to America.” Harvard University, 2012. https://bit.ly/2BhaeVv.
  •  In this dissertation, Gilman argues that participatory budgeting (PB) produces better outcomes than the status quo budget process in New York, while also transforming how those who participate understand themselves as citizens, constituents, Council members, civil society leaders and community stakeholders.
  • The dissertation also highlights challenges to participation drawing from experience and lessons learned from PB’s inception in Porto Alege, Brazil in 1989. While recognizing a diversity of challenges, Gilman ultimately argues that, “PB provides a viable and informative democratic innovation for strengthening civic engagement within the United States that can be streamlined and adopted to scale.”
Kasdan, Alexa, and Cattell, Lindsay. “New Report on NYC Participatory Budgeting.” Practical Visionaries. Accessed October 21, 2013. https://bit.ly/2Ek8bTu.
  • This research and evaluation report is the result of surveys, in-depth interviews and observations collected at key points during the 2011 participatory budgeting (PB) process in New York City, in which “[o]ver 2,000 community members were the ones to propose capital project ideas in neighborhood assemblies and town hall meetings.”
  • The PBNYC project progressed through six main steps:
    •  First Round of Neighborhood Assemblies
    • Delegate Orientations
    • Delegate Meetings
    • Second Round of Neighborhood Assemblies
    • Voting
    • Evaluation, Implementation & Monitoring
  •  The authors also discuss the varied roles and responsibilities for the divers stakeholders involved in the process:
    • Community Stakeholders
    • Budget Delegates
    • District Committees
    • City-wide Steering Committee  Council Member Offices
Masser, Kai. “Participatory Budgeting as Its Critics See It.” Burgerhaushalt, April 30, 2013. http://bit.ly/1dppSxW.
  • This report is a critique of the participatory budgeting (PB) process, focusing on lessons learned from the outcomes of a pilot initiative in Germany.
  • The reports focuses on three main criticisms leveled against PB:
    • Participatory Budgeting can be a time consuming process that is barely comprehensive to the people it seeks to engage, as a result there is need for information about the budget, and a strong willingness to participate in preparing it.
    • Differences in the social structure of the participants inevitably affect the outcome – the process must be designed to avoid low participation or over-representation of one group.
    • PB cannot be sustained over a prolonged period and should therefore focus on one aspect of the budgeting process. The article points to outcomes that show that citizens may find it considerably more attractive to make proposals on how to spend money than on how to save it, which may not always result in the best outcomes.
OECD. “Citizens as Partners: Information, Consultation and Public Participation in Policy-making.” The IT Law Wiki. http://bit.ly/1aIGquc.
  • This OECD policy report features discussion on the concept of crowdsourcing as a new form or representation and public participation in OECD countries, with the understanding that it creates avenues for citizens to participate in public policy-making within the overall framework of representative democracy.
  • The report provides a wealth of comparative information on measures adopted in OECD countries to strengthen citizens’ access to information, to enhance consultation and encourage their active participation in policy-making.

Tchorbadjiiski, Angel. “Liquid Democracy.” Rheinisch-Westf alische Technische Hochschule Aachen Informatik 4 ComSy, 2012. http://bit.ly/1eOsbIH.

  • This thesis presents discusses how Liquid Democracy (LD) makes it for citizens participating in an election to “either take part directly or delegate [their] own voting rights to a representative/expert. This way the voters are not limited to taking one decision for legislative period as opposed to indirect (representative) democracy, but are able to actively and continuously take part in the decision-making process.”
  • Tchorbadjiiski argues that, “LD provides great flexibility. You do not have to decide yourself on the program of a political party, which only suits some aspects of your opinion.” Through LD, “all voters can choose between direct and indirect democracy creating a hybrid government form suiting their own views.”
  • In addition to describing the potential benefits of Liquid Democracy, Tchorbadjiiski focuses on the challenge of maintaining privacy and security in such a system. He proposes a platform that “allows for secure and anonymous voting in such a way that it is not possible, even for the system operator, to find out the identity of a voter or to prevent certain voters (for example minority groups) from casting a ballot.”

Talent Wants to Be Free. Why We Should Learn to Love Leaks, Raids, and Free Riding


New book by Orly Lobel (Yale University Press): “This timely book challenges conventional business wisdom about competition, secrecy, motivation, and creativity. Orly Lobel, an internationally acclaimed expert in the law and economics of human capital, warns that a set of counterproductive mentalities are stifling innovation in many regions and companies. Lobel asks how innovators, entrepreneurs, research teams, and every one of us who experiences the occasional spark of creativity can triumph in today’s innovation ecosystems.   In every industry and every market, battles to recruit, retain, train, energize, and motivate the best people are fierce. From Facebook to Google, Coca-Cola to Intel, JetBlue to Mattel, Lobel uncovers specific factors that produce winners or losers in the talent wars. Combining original behavioral experiments with sharp observations of contemporary battles over ideas, secrets, and skill, Lobel identifies motivation, relationships, and mobility as the most important ingredients for successful innovation. Yet many companies embrace a control mentality—relying more on patents, copyright, branding, espionage, and aggressive restrictions of their own talent and secrets than on creative energies that are waiting to be unleashed. Lobel presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth. This vital and exciting reading reveals why everyone wins when talent is set free.”

E-Government and Its Limitations: Assessing the True Demand Curve for Citizen Public Participation


Paper by David Karpf:  “Many e-government initiatives start with promise, but end up either as digital “ghost towns” or as a venue exploited by organized interests.  The problem with these initiatives is rooted in a set of common misunderstandings about the structure of citizen interest in public participation – simply put, the Internet does not create public interest, it reveals public interest.  Public interest can be high or low, and governmental initiatives can be polarized or non-polarized.  The paper discusses two common pitfalls (“the Field of Dreams Fallacy” and “Blessed are the Organized”) that demand alternate design choices and modified expectations.  By treating public interest and public polarization as variables, the paper develops a typology of appropriate e-government initiatives that can help identify the boundary conditions for transformative digital engagement….

 Typology

Figure 1: Typology of Appropriate E-government Projects”

Findings from the emerging field of Transparency Research


Tiago Peixoto: “HEC Paris has just hosted the 3rd Global Conference on Transparency Research, and they have made the list of accepted papers available. …
As one goes through the papers,  it is clear that unlike most of the open government space, when it comes to research, transparency is treated less as a matter of technology and formats and more as a matter of social and political institutions.  And that is a good thing.”
This year’s papers are listed below:

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.”

Out in the Open: Hackers Bring Lawmaking Into the 21st Century


Wired: “Have you ever thought you could do a better job writing the laws of our country than those jokers on Capitol Hill? Or have you at least felt the urge to scratch a few lines out of a bill and replace them with something else? Here’s your chance.
Every bill currently being debated in the U.S. House of Representatives is available from a single website, and anyone can comment on the legislation or annotate it.
The site is powered by Madison Project, an open source software platform for writing, publishing, and annotating legislation. Like the site itself, the software was created by the OpenGov Foundation, a non-partisan, nonprofit organization co-founded by Rep. Darrell Issa, a Republican from California….
Any government agency or advocacy group can use Madison to gather public feedback on legislation. It’s slated to be used in Baltimore and San Francisco, where everything from building codes to LSD laws will be open to public comment. Meanwhile, CrunchGov, a tech politics site run by the blog TechCrunch, and a lobbying firm called the Internet Association use Madison to gather policy ideas from the public.1
Madison is a lot like a wiki or content management system such as Drupal and WordPress, but instead of juggling blog posts or technical documentation, its users manage policy.
For now, the San Francisco and Baltimore sites only let you comment on laws using Disqus (Kraft describes this as a “baby step” toward a full Madison roll-out). And though the CrunchGov and House of Representatives site let you edit policy as well, the changes you make to a bill or law can’t yet be shared with others. Kraft says future versions will include tools for sharing custom versions of a law and a Wikipedia-style system for tracking changes. He also says it will integrate with GitHub, a site originally designed for software developers to share and collaborate on code but now used for a wide variety of other purposes, from wedding planning to public policy.”

What the Government Does with Americans’ Data


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.”