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.”
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.”
Democracy and Political Ignorance
Essay by Ilya Somin in Special issue on Is Smaller Government Smarter Government? of Cato Unbound: ” Democracy is supposed to be rule of the people, by the people, and for the people. But in order to rule effectively, the people need political knowledge. If they know little or nothing about government, it becomes difficult to hold political leaders accountable for their performance. Unfortunately, public knowledge about politics is disturbingly low. In addition, the public also often does a poor job of evaluating the political information they do know. This state of affairs has persisted despite rising education levels, increased availability of information thanks to modern technology, and even rising IQ scores. It is mostly the result of rational behavior, not stupidity. Such widespread and persistent political ignorance and irrationality strengthens the case for limiting and decentralizing the power of government….
Political ignorance in America is deep and widespread. The current government shutdown fight provides some good examples. Although Obamacare is at the center of that fight and much other recent political controversy, 44% percent of the public do not even realize it is still the law. Some 80 percent, according to a recent Kaiser survey, say they have heard “nothing at all” or “only a little” about the controversial insurance exchanges that are a major part of the law….
Some people react to data like the above by thinking that the voters must be stupid. Butpolitical ignorance is actually rational for most of the public, including most smart people. If your only reason to follow politics is to be a better voter, that turns out not be much of a reason at all. That is because there is very little chance that your vote will actually make a difference to the outcome of an election (about 1 in 60 million in a presidential race, for example).2 For most of us, it is rational to devote very little time to learning about politics, and instead focus on other activities that are more interesting or more likely to be useful. As former British Prime Minister Tony Blair puts it, “[t]he single hardest thing for a practising politician to understand is that most people, most of the time, don’t give politics a first thought all day long. Or if they do, it is with a sigh…. before going back to worrying about the kids, the parents, the mortgage, the boss, their friends, their weight, their health, sex and rock ‘n’ roll.”3 Most people don’t precisely calculate the odds that their vote will make a difference. But they probably have an intuitive sense that the chances are very small, and act accordingly.
In the book, I also consider why many rationally ignorant people often still bother to vote.4 The key factor is that voting is a lot cheaper and less time-consuming than studying political issues. For many, it is rational to take the time to vote, but without learning much about the issues at stake….
Political ignorance is far from the only factor that must be considered in deciding the appropriate size, scope, and centralization of government. For example, some large-scale issues, such as global warming, are simply too big to be effectively addressed by lower-level governments or private organizations. Democracy and Political Ignorance is not a complete theory of the proper role of government in society. But it does suggest that the problem of political ignorance should lead us to limit and decentralize government more than we would otherwise.”
See also: Ilya Somin, Democracy and Political Ignorance: Why Smaller Government is Smarter, (Stanford: Stanford University Press, 2013)
NEW Publication: “Reimagining Governance in Practice: Benchmarking British Columbia’s Citizen Engagement Efforts”
Over the last few years, the Government of British Columbia (BC), Canada has initiated a variety of practices and policies aimed at providing more legitimate and effective governance. Leveraging advances in technology, the BC Government has focused on changing how it engages with its citizens with the goal of optimizing the way it seeks input and develops and implements policy. The efforts are part of a broader trend among a wide variety of democratic governments to re-imagine public service and governance.
At the beginning of 2013, BC’s Ministry of Citizens’ Services and Open Government, now the Ministry of Technology, Innovation and Citizens’ Services, partnered with the GovLab to produce “Reimagining Governance in Practice: Benchmarking British Columbia’s Citizen Engagement Efforts.” The GovLab’s May 2013 report, made public today, makes clear that BC’s current practices to create a more open government, leverage citizen engagement to inform policy decisions, create new innovations, and provide improved public monitoring—though in many cases relatively new—are consistently among the strongest examples at either the provincial or national level.
According to Stefaan Verhulst, Chief of Research at the GovLab: “Our benchmarking study found that British Columbia’s various initiatives and experiments to create a more open and participatory governance culture has made it a leader in how to re-imagine governance. Leadership, along with the elimination of imperatives that may limit further experimentation, will be critical moving forward. And perhaps even more important, as with all initiatives to re-imaging governance worldwide, much more evaluation of what works, and why, will be needed to keep strengthening the value proposition behind the new practices and polices and provide proof-of-concept.”
See also our TheGovLab Blog.
The move toward 'crowdsourcing' public safety
PhysOrg: “Earlier this year, Martin Dias, assistant professor in the D’Amore-McKim School of Business, presented research for the National Law Enforcement Telecommunications System in which he examined Nlets’ network and how its governance and technology helped enable inter-agency information sharing. This work builds on his research aimed at understanding design principles for this public safety “social networks” and other collaborative networks. We asked Dias to discuss how information sharing around public safety has evolved in recent years and the benefits and challenges of what he describes as “crowdsourcing public safety.” …
What is “crowdsourcing public safety” and why are public safety agencies moving toward this trend?
Crowdsourcing—the term coined by our own assistant professor of journalism Jeff Howe—involves taking a task or job traditionally performed by a distinct agent, or employee, and having that activity be executed by an “undefined, generally large group of people in an open call.” Crowdsourcing public safety involves engaging and enabling private citizens to assist public safety professionals in addressing natural disasters, terror attacks, organized crime incidents, and large-scale industrial accidents.
Public safety agencies have long recognized the need for citizen involvement. Tip lines and missing persons bulletins have been used to engage citizens for years, but with advances in mobile applications and big data analytics, the ability of public safety agencies to receive, process, and make use of high volume, tips, and leads makes crowdsourcing searches and investigations more feasible. You saw this in the FBI Boston Marathon Bombing web-based Tip Line. You see it in the “See Something Say Something” initiatives throughout the country. You see it in AMBER alerts or even remote search and rescue efforts. You even see it in more routine instances like Washington State’s HERO program to reduce traffic violations.
Have these efforts been successful, and what challenges remain?
There are a number of issues to overcome with regard to crowdsourcing public safety—such as maintaining privacy rights, ensuring data quality, and improving trust between citizens and law enforcement officers. Controversies over the National Security Agency’s surveillance program and neighborhood watch programs – particularly the shooting death of teenager Trayvon Martin by neighborhood watch captain George Zimmerman, reflect some of these challenges. It is not clear yet from research the precise set of success criteria, but those efforts that appear successful at the moment have tended to be centered around a particular crisis incident—such as a specific attack or missing person. But as more crowdsourcing public safety mobile applications are developed, adoption and use is likely to increase. One trend to watch is whether national public safety programs are able to tap into the existing social networks of community-based responders like American Red Cross volunteers, Community Emergency Response Teams, and United Way mentors.
The move toward crowdsourcing public safety is part of an overall trend toward improving community resilience, which refers to a system’s ability to bounce back after a crisis or disturbance. Stephen Flynn and his colleagues at Northeastern’s George J. Kostas Research Institute for Homeland Security are playing a key role in driving a national conversation in this area. Community resilience is inherently multi-disciplinary, so you see research being done regarding transportation infrastructure, social media use after a crisis event, and designing sustainable urban environments. Northeastern is a place where use-inspired research is addressing real-world problems. It will take a village to improve community resilience capabilities, and our institution is a vital part of thought leadership for that village.”
Crowdfunding in the EU – exploring the added value of potential EU action
Press Release: “Following the Workshop on Crowdfunding organised on 3 June 2013 in Brussels, the European Commission has today launched a consultation inviting stakeholders to share their views about crowdfunding: its potential benefits, risks, and the design of an optimal policy framework to untap the potential of this new form of financing…
Whereas many crowdfunding campaigns are local in nature, others would benefit from easier access to financing within a single European market. But to make sure crowdfunding is not just a momentary trend that fades away, but rather a sustainable source of financing for new European projects, certain safeguards are needed, in particular to ensure people’s trust. The ultimate objective of this consultation is to gather data about the needs of market participants and to identify the areas in which there is a potential added value in EU action to encourage the growth of this new industry, either through facilitative, soft-law measures or legislative action.
The consultation covers all forms of crowdfunding, ranging from donations and rewards to financial investments. Everyone is invited to share their opinion and fill in the on-line questionnaire, including citizens who might contribute to crowdfunding campaigns and entrepreneurs who might launch such campaigns. National authorities and crowdfunding platforms are also particularly encouraged to reply. The consultation will run until 31 December 2013.
See also MEMO/13/847
The consultation is available at:
http://ec.europa.eu/internal_market/consultations/2013/crowdfunding/index_en.htm
Further information:
Workshop on Crowdfunding – 3 June 2013
http://ec.europa.eu/internal_market/conferences/2013/0603-crowdfunding-workshop/
Commissioner Barnier’s speech at the Workshop on Crowdfunding
SPEECH/13/492″
The Art of Making City Code Beautiful
Nancy Scola in Next City: “Some rather pretty legal websites have popped up lately: PhillyCode.org, ChicagoCode.org and, as of last Thursday, SanFranciscoCode.org. This is how municipal code would design itself if it actually wanted to be read.
The network of [city]Code.org sites is the output of The State Decoded, a project of the OpenGov Foundation (See correction below), which has its own fascinating provenance. That D.C.-based non-profit grew out of the fight in Congress over the SOPA and PIPA digital copyright bills a few winters ago. At the time, the office of Rep. Darrell Issa, more recently of Benghazi fame, built a platform called Madison that invited the public to help edit an alternative bill. Madison outlived the SOPA debate, and was spun out last summer as the flagship project of the OpenGov Foundation, helmed by former Issa staffer Seamus Kraft.
“What we discovered,” Kraft says, “is that co-authoring legislation is high up there on what [the public wants to] do with government information, but it’s not at the top.” What heads the list, he says, is simply knowing “what are the laws?” Pre-SanFranciscoCode, the city’s laws on everything from elections to electrical installations to transportation were trapped in an interface, run by publisher American Legal, that would not have looked out of place in “WarGames.” (Here’s the comparable “old” site for Chicago. It’s probably enough to say that Philadelphia’s comes with a “Frames/No Frames” option.) Madison needed a base of clean, structured municipal code upon which to function, and Kraft and company were finding that in cities across the country, that just didn’t exist.
Fixing the code, Kraft says, starts with him “unlawyering the text” that is either supplied to them by the city or scraped from online. This involves reading through the city code and looking for signposts that indicate when sections start, how provisions nest within them, and other structural cues that establish a pattern. That breakdown gets passed to the organization’s developers, who use it to automatically parse the full corpus. The process is time consuming. In San Francisco, 16 different patterns were required to capture each of the code’s sections. Often, the parser needs to be tweaked. “Sometimes it happens in a few minutes or a few hours,” Kraft says, “and sometimes it takes a few days.”
…
Over the long haul, Kraft has in mind adopting the customizability of YouVersion, the online digital Bible that allows users to choose fonts, colors and more. Kraft, a 2007 graduate of Georgetown who will cite the Catholic Church’s distributed structure as a model for networked government, proclaims YouVersion “the most kick-ass Bible you’ve ever seen. It’s stunning.” He’d like to do the same with municipal code, for the benefit of both the average American and those who have more regular engagement with local legal texts. “If you’re spending all day reading law,” he says, “you should at the very least have the most comfortable view possible.”