Jeffrey Warren for Wilson’s Commons Lab: “… Open data initiatives seem to assume that all data is born in the hallowed halls of government, industry and academia, and that open data is primarily about convincing such institutions to share it to the public.
It is laudable when institutions with important datasets — such as campaign finance, pollution or scientific data — see the benefit of opening it to the public. But why do we assume unilateral control over data production?
The revolution in user-generated content shows the public has a great deal to contribute – and to gain—from the open data movement. Likewise, citizen science projects that solicit submissions or “task completion” from the public rarely invite higher-level participation in research –let alone true collaboration.
This has to change. Data isn’t just something you’re given if you ask nicely, or a kind of community service we perform to support experts. Increasingly, new technologies make it possible for local groups to generate and control data themselves — especially in environmental health. Communities on the front line of pollution’s effects have the best opportunities to monitor it and the most to gain by taking an active role in the research process.
DIY Data
Luckily, an emerging alliance between the maker/Do-It-Yourself (DIY) movement and watchdog groups is starting to challenge the conventional model.
The Smart Citizen project, the Air Quality Egg and a variety of projects in the Public Lab network are recasting members of the general public as actors in the framing of new research questions and designers of a new generation of data tools.
The Riffle, a <$100 water quality sensor built inside of hardware-store pipe, can be left in a creek near an industrial site to collect data around the clock for weeks or months. In the near future, when pollution happens – like the ash spill in North Carolina or the chemical spill in West Virginia – the public will be alerted and able to track its effects without depending on expensive equipment or distant labs.
This emerging movement is recasting environmental issues not as intractably large problems, but up-close-and-personal health issues — just what environmental justice (EJ) groups have been arguing for years. The difference is that these new initiatives hybridize such EJ community organizers and the technology hackers of the open hardware movement. Just as the Homebrew Computer Club’s tinkering with early prototypes led to the personal computer, a new generation of tinkerers sees that their affordable, accessible techniques can make an immediate difference in investigating lead in their backyard soil, nitrates in their tap water and particulate pollution in the air they breathe.
These practitioners see that environmental data collection is not a distant problem in a developing country, but an issue that anyone in a major metropolitan area, or an area affected by oil and gas extraction, faces on a daily basis. Though underserved communities are often disproportionally affected, these threats often transcend socioeconomic boundaries…”
“Open-washing”: The difference between opening your data and simply making them available
Christian Villum at the Open Knowledge Foundation Blog: “Last week, the Danish it-magazine Computerworld, in an article entitled “Check-list for digital innovation: These are the things you must know“, emphasised how more and more companies are discovering that giving your users access to your data is a good business strategy. Among other they wrote:
They then use Google Maps as an example, which firstly isn’t entirely correct, as also pointed out by the Neogeografen, a geodata blogger, who explains how Google Maps isn’t offering raw data, but merely an image of the data. You are not allowed to download and manipulate the data – or run it off your own server.
But secondly I don’t think it’s very appropriate to highlight Google and their Maps project as a golden example of a business that lets its data flow unhindered to the public. It’s true that they are offering some data, but only in a very limited way – and definitely not as open data – and thereby not as progressively as the article suggests.
Surely it’s hard to accuse Google of not being progressive in general. The article states how Google Maps’ data are used by over 800,000 apps and businesses across the globe. So yes, Google has opened its silo a little bit, but only in a very controlled and limited way, which leaves these 800,000 businesses dependent on the continual flow of data from Google and thereby not allowing them to control the very commodities they’re basing their business on. This particular way of releasing data brings me to the problem that we’re facing: Knowing the difference between making data available and making them open.
Open data is characterized by not only being available, but being both legally open (released under an open license that allows full and free reuse conditioned at most to giving credit to it’s source and under same license) and technically available in bulk and in machine readable formats – contrary to the case of Google Maps. It may be that their data are available, but they’re not open. This – among other reasons – is why the global community around the 100% open alternative Open Street Map is growing rapidly and an increasing number of businesses choose to base their services on this open initiative instead.
But why is it important that data are open and not just available? Open data strengthens the society and builds a shared resource, where all users, citizens and businesses are enriched and empowered, not just the data collectors and publishers. “But why would businesses spend money on collecting data and then give them away?” you ask. Opening your data and making a profit are not mutually exclusive. Doing a quick Google search reveals many businesses that both offer open data and drives a business on them – and I believe these are the ones that should be highlighted as particularly progressive in articles such as the one from Computerworld….
We are seeing a rising trend of what can be termed “open-washing” (inspired by “greenwashing“) – meaning data publishers that are claiming their data is open, even when it’s not – but rather just available under limiting terms. If we – at this critical time in the formative period of the data driven society – aren’t critically aware of the difference, we’ll end up putting our vital data streams in siloed infrastructure built and owned by international corporations. But also to give our praise and support to the wrong kind of unsustainable technological development.”
How Open Data Policies Unlock Innovation
Tim Cashman at Socrata: “Several trends made the Web 2.0 world we now live in possible. Arguably, the most important of these has been the evolution of online services as extensible technology platforms that enable users, application developers, and other collaborators to create value that extends far beyond the original offering itself.
The Era of ‘Government-as-a-Platform’
The same principles that have shaped the consumer web are now permeating government. Forward-thinking public sector organizations are catching on to the idea that, to stay relevant and vital, governments must go beyond offering a few basic services online. Some have even come to the realization that they are custodians of an enormously valuable resource: the data they collect through their day-to-day operations. By opening up this data for public consumption online, innovative governments are facilitating the same kind of digital networks that consumer web services have fostered for years. The era of government as a platform is here, and open data is the catalyst.
The Role of Open Data Policy in Unlocking Innovation in Government
The open data movement continues to transition from an emphasis on transparency to measuring the civic and economic impact of open data programs. As part of this transition, governments are realizing the importance of creating a formal policy to define strategic goals, describe the desired benefits, and provide the scope for data publishing efforts over time. When well executed, open data policies yield a clear set of benefits. These range from spurring slow-moving bureaucracies into action to procuring the necessary funding to sustain open data initiatives beyond a single elected official’s term.
Four Types of Open Data Policies
There are four main types of policy levers currently in use regarding open data: executive orders, non-binding resolutions, new laws, new regulations, and codified laws. Each of these tools has specific advantages and potential limitations.
Executive Orders
The prime example of an open data executive order in action is President Barack Obama’s Open Data Initiative. While this executive order was short – only four paragraphs on two pages – the real policy magic was a mandate-by-reference that required all U.S. federal agencies to comply with a detailed set of time-bound actions. All of these requirements are publicly viewable on a GitHub repository – a free hosting service for open source software development projects – which is revolutionary in and of itself. Detailed discussions on government transparency took place not in closed-door boardrooms, but online for everyone to see, edit, and improve.
Non-Binding Resolutions
A classic example of a non-binding resolution can be found by doing an online search for the resolution of Palo Alto, California. Short and sweet, this town squire-like exercise delivers additional attention to the movement inside and outside of government. The lightweight policy tool also has the benefit of lasting a bit longer than any particular government official. Although, in recognition of the numerous resolutions that have ever come out of any small town, resolutions are only as timeless as people’s memory.
Internal Regulations
The New York State Handbook on Open Data is a great example of internal regulations put to good use. Originating from the Office of Information Technology Resources, the handbook is a comprehensive, clear, and authoritative guide on how open data is actually supposed to work. Also available on GitHub, the handbook resembles the federal open data project in many ways.
Codified Laws
The archetypal example of open data law comes from San Francisco.
Interestingly, what started as an “Executive Directive” from Mayor Gavin Newsom later turned into legislation and brought with it the power of stronger department mandates and a significant budget. Once enacted, laws are generally hard to revise. However, in the case of San Francisco, the city council has already revised the law two times in four years.
At the federal government level, the Digital Accountability and Transparency Act, or DATA Act, was introduced in both the U.S. House of Representatives (H.R. 2061) and the U.S. Senate (S. 994) in 2013. The act mandates the standardization and publication of a wide of variety of the federal government’s financial reports as open data. Although the Housed voted to pass the Data Act, it still awaits a vote in the Senate.
The Path to Government-as-a-Platform
Open data policies are an effective way to motivate action and provide clear guidance for open data programs. But they are not a precondition for public-sector organizations to embrace the government-as-a-platform model. In fact, the first step does not involve technology at all. Instead, it involves government leaders realizing that public data belongs to the people. And, it requires the vision to appreciate this data as a shared resource that only increases in value the more widely it is distributed and re-used for analytics, web and mobile apps, and more.
The consumer web has shown the value of open data networks in spades (think Facebook). Now, it’s government’s turn to create the next web.”
Why the wealthiest countries are also the most open with their data
Emily Badger in the Washington Post: “The Oxford Internet Institute this week posted a nice visualization of the state of open data in 70 countries around the world, reflecting the willingness of national governments to release everything from transportation timetables to election results to machine-readable national maps. The tool is based on the Open Knowledge Foundation’s Open Data Index, an admittedly incomplete but telling assessment of who willingly publishes updated, accurate national information on, say, pollutants (Sweden) and who does not (ahem, South Africa).
Tally up the open data scores for these 70 countries, and the picture looks like this, per the Oxford Internet Institute (click on the picture to link through to the larger interactive version):
…With apologies for the tiny, tiny type (and the fact that many countries aren’t listed here at all), a couple of broad trends are apparent. For one, there’s a prominent global “openness divide,” in the words of the Oxford Internet Institute. The high scores mostly come from Europe and North America, the low scores from Asia, Africa and Latin America. Wealth is strongly correlated with “openness” by this measure, whether we look at World Bank income groups or Gross National Income per capita. By the OII’s calculation, wealth accounts for about a third of the variation in these Open Data Index scores.
Perhaps this is an obvious correlation, but the reasons why open data looks like the luxury of rich economies are many, and they point to the reality that poor countries face a lot more obstacles to openness than do places like the United States. For one thing, openness is also closely correlated with Internet penetration. Why open your census results if people don’t have ways to access it (or means to demand it)? It’s no easy task to do this, either.”
Open Data is a Civil Right
Yo Yoshida, Founder & CEO, Appallicious in GovTech: “As Americans, we expect a certain standardization of basic services, infrastructure and laws — no matter where we call home. When you live in Seattle and take a business trip to New York, the electric outlet in the hotel you’re staying in is always compatible with your computer charger. When you drive from San Francisco to Los Angeles, I-5 doesn’t all-of-a-sudden turn into a dirt country road because some cities won’t cover maintenance costs. If you take a 10-minute bus ride from Boston to the city of Cambridge, you know the money in your wallet is still considered legal tender.
But what if these expectations of consistency were not always a given? What if cities, counties and states had absolutely zero coordination when it came to basic services? This is what it is like for us in the open data movement. There are so many important applications and products that have been built by civic startups and concerned citizens. However, all too often these efforts are confided to city limits, and unavailable to anyone outside of them. It’s time to start reimagining the way cities function and how local governments operate. There is a wealth of information housed in local governments that should be public by default to help fuel a new wave of civic participation.
Appallicious’ Neighborhood Score provides an overall health and sustainability score, block-by-block for every neighborhood in the city of San Francisco. The first time metrics have been applied to neighborhoods so we can judge how government allocates our resources, so we can better plan how to move forward. But, if you’re thinking about moving to Oakland, just a subway stop away from San Francisco and want to see the score for a neighborhood, our app can’t help you, because that city has yet to release the data sets we need.
In Contra Costa County, there is the lifesaving PulsePoint app, which notifies smartphone users who are trained in CPR when someone nearby may be in need of help. This is an amazing app—for residents of Contra Costa County. But if someone in neighboring Alameda County needs CPR, the app, unfortunately, is completely useless.
Buildingeye visualizes planning and building permit data to allow users to see what projects are being proposed in their area or city. However, buildingeye is only available in a handful of places, simply because most cities have yet to make permits publicly available. Think about what this could do for the construction sector — an industry that has millions of jobs for Americans. Buildingeye also gives concerned citizens access to public documents like never before, so they can see what might be built in their cities or on their streets.
Along with other open data advocates, I have been going from city-to-city, county-to-county and state-to-state, trying to get governments and departments to open up their massive amounts of valuable data. Each time one city, or one county, agrees to make their data publicly accessible, I can’t help but think it’s only a drop in the bucket. We need to think bigger.
Every government, every agency and every department in the country that has already released this information to the public is a case study that points to the success of open data — and why every public entity should follow their lead. There needs to be a national referendum that instructs that all government data should be open and accessible to the public.
Last May, President Obama issued an executive order requiring that going forward, any data generated by the federal government must be made available to the public in open, machine-readable formats. In the executive order, Obama stated that, “openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth.”
If this is truly the case, Washington has an obligation to compel local and state governments to release their data as well. Many have tried to spur this effort. California Lt. Gov. Gavin Newsom created the Citizenville Challenge to speed up adoption on the local level. The U.S. Conference of Mayors has also been vocal in promoting open data efforts. But none of these initiatives could have the same effect of a federal mandate.
What I am proposing is no small feat, and it won’t happen overnight. But there should be a concerted effort by those in the technology industry, specifically civic startups, to call on Congress to draft legislation that would require every city in the country to make their data open, free and machine readable. Passing federal legislation will not be an easy task — but creating a “universal open data” law is possible. It would require little to no funding, and it is completely nonpartisan. It’s actually not a political issue at all; it is, for lack of a better word, and administrative issue.
Often good legislation is blocked because lawmakers and citizens are concerned about project funding. While there should be support to help cities and towns achieve the capability of opening their data, a lot of the time, they don’t need it. In 2009, the city and county of San Francisco opened up its data with zero dollars. Many other cities have done the same. There will be cities and municipalities that will need financial assistance to accomplish this. But it is worth it, and it will not require a significant investment for a substantial return. There are free online open data portals, like ckan, dkan and a new effort from Accela, CivicData.com, to centralize open data efforts.
When the UK Government recently announced a £1.5 million investment to support open data initiatives, its Cabinet Office Minister said, “We know that it creates a more accountable, efficient and effective government. Open Data is a raw material for economic growth, supporting the creation of new markets, business and jobs and helping us compete in the global race.”
We should not fall behind these efforts. There is too much at stake for our citizens, not to mention our economy. A recent McKinsey report found that making open data has the potential to create $3 trillion in value worldwide.
Former Speaker Tip O’Neil famously said, “all politics are local.” But we in the civic startup space believe all data is local. Data is reporting potholes in your neighborhood and identifying high crime areas in your communities. It’s seeing how many farmers’ markets there are in your town compared to liquor stores. Data helps predict which areas of a city are most at risk during a heat wave and other natural disasters. A federal open data law would give the raw material needed to create tools to improve the lives of all Americans, not just those who are lucky enough to live in a city that has released this information on its own.
It’s a different way of thinking about how a government operates and the relationship it has with its citizens. Open data gives the public an amazing opportunity to be more involved with governmental decisions. We can increase accountability and transparency, but most importantly we can revolutionize the way local residents communicate and work with their government.
Access to this data is a civil right. If this is truly a government by, of and for the people, then its data needs to be available to all of us. By opening up this wealth of information, we will design a better government that takes advantage of the technology and skills of civic startups and innovative citizens….”
Procurement and Civic Innovation
Derek Eder: “Have you ever used a government website and had a not-so-awesome experience? In our slick 2014 world of Google, Twitter and Facebook, why does government tech feel like it’s stuck in the 1990s?
The culprit: bad technology procurement.
Procurement is the procedure a government follows to buy something–letting suppliers know what they want, asking for proposals, restricting what kinds of proposal they will consider, limiting what kinds of firms they will do business with, and deciding if what they got what they paid for.
The City of Chicago buys technology about the same way that they buy health insurance, a bridge, or anything else in between. And that’s the problem.
Chicago’s government has a long history of corruption, nepotism and patronage. After each outrage, new rules are piled upon existing rules to prevent that crisis from happening again. Unfortunately, this accumulation of rules does not just protect against the bad guys, it also forms a huge barrier to entry for technology innovators.
So, the firms that end up building our city’s digital public services tend to be good at picking their way through the barriers of the procurement process, not at building good technology. Instead of making government tech contracting fair and competitive, procurement has unfortunately had the opposite effect.
So where does this leave us? Despite Chicago’s flourishing startup scene, and despite having one of the country’s largest community of civic technologists, the Windy City’s digital public services are still terribly designed and far too expensive to the taxpayer.
The Technology Gap
The best way to see the gap between Chicago’s volunteer civic tech community and the technology that the City pays is to look at an entire class of civic apps that are essentially facelifts on existing government websites….
You may have noticed an increase in quality and usability between these three civic apps and their official government counterparts.
Now consider this: all of the government sites took months to build and cost hundreds of thousands of dollars. Was My Car Towed, 2nd City Zoning and CrimeAround.us were all built by one to two people in a matter of days, for no money.
Think about that for a second. Consider how much the City is overpaying for websites its citizens can barely use. And imagine how much better our digital city services would be if the City worked with the very same tech startups they’re trying to nurture.
Why do these civic apps exist? Well, with the City of Chicago releasing hundreds of high quality datasets on their data portal over the past three years (for which they should be commended), a group of highly passionate and skilled technologists have started using their skills to develop these apps and many others.
It’s mostly for fun, learning, and a sense of civic duty, but it demonstrates there’s no shortage of highly skilled developers who are interested in using technology to make their city a better place to live in…
Two years ago, in the Fall of 2011, I learned about procurement in Chicago for the first time. An awesome group of developers, designers and I had just built ChicagoLobbyists.org – our very first civic app – for the City of Chicago’s first open data hackathon….
Since then, the City has often cited ChicagoLobbyists.org as evidence of the innovation-sparking potential of open data.
Shortly after our site launched, a Request For Proposals, or RFP, was issued by the City for an ‘Online Lobbyist Disclosure System.’
Hey! We just built one of those! Sure, we would need to make some updates to it—adding a way for lobbyists to log in and submit their info—but we had a solid start. So, our scrappy group of tech volunteers decided to respond to the RFP.
After reading all 152 pages of the document, we realized we had no chance of getting the bid. It was impossible for the ChicagoLobbyists.org group to meet the legal requirements (as it would have been for any small software shop):
- audited financial statements for the past 3 years
- an economic disclosure statement (EDS) and affidavit
- proof of $500k workers compensation and employers liability
- proof of $2 million in professional liability insurance”
How government can engage with citizens online – expert views
The Guardian: In our livechat on 28 February the experts discussed how to connect up government and citizens online. Digital public services are not just for ‘techno wizzy people’, so government should make them easier for everyone… Read the livechat in full
Michael Sanders, head of research for the behavioural insights team – @mike_t_sanders
It’s important that government is a part of people’s lives: when people interact with government it shouldn’t be a weird and alienating experience, but one that feels part of their everyday lives.
Online services are still too often difficult to use: most people who use the HMRC website will do so infrequently, and will forget its many nuances between visits. This is getting better but there’s a long way to go.
Digital by default keeps things simple: one of our main findings from our research on improving public services is that we should do all we can to “make it easy”.
There is always a risk of exclusion: we should avoid “digital by default” becoming “digital only”.
Ben Matthews, head of communications at Futuregov – @benrmatthews
We prefer digital by design to digital by default: sometimes people can use technology badly, under the guise of ‘digital by default’. We should take a more thoughtful approach to technology, using it as a means to an end – to help us be open, accountable and human.
Leadership is important: you can get enthusiasm from the frontline or younger workers who are comfortable with digital tools, but until they’re empowered by the top of the organisation to use them actively and effectively, we’ll see little progress.
Jargon scares people off: ‘big data’ or ‘open data’, for example….”
Open Government -Opportunities and Challenges for Public Governance
New volume of Public Administration and Information Technology series: “Given this global context, and taking into account both the need of academicians and practitioners, it is the intention of this book to shed light on the open government concept and, in particular:
• To provide comprehensive knowledge of recent major developments of open government around the world.
• To analyze the importance of open government efforts for public governance.
• To provide insightful analysis about those factors that are critical when designing, implementing and evaluating open government initiatives.
• To discuss how contextual factors affect open government initiatives’success or failure.
• To explore the existence of theoretical models of open government.
• To propose strategies to move forward and to address future challenges in an international context.”
New study proves economic benefits of open data for Berlin
ePSI Platform: “The study “Digitales Gold: Nutzen und Wertschöpfung durch Open Data für Berlin” – or “Digital Gold: the open data benefits and its added value for Berlin” in english – released by TSB Technologiestiftung Berlin estimates that Open Data will bring around 32 million euros per year of economic benefit to the city of Berlin for the next few years. …
The estimations made for Berlin are inspired by previous reasoning included in two other studies: Pollock R. (2011), Welfare Gains from opening up public sector information in the UK; and Fuchs, S. et al. (2013), Open Government Data – Offene Daten für Österreich. Mit Community-Strategien von heute zum Potential von morgen.
Upon presenting the study data journalist Michael Hörz shows various examples of how to develop interesting new information and services with publicly available information. You can read more about it (in German) here.”
Big Data, Big New Businesses
Nigel Shaboldt and Michael Chui: “Many people have long believed that if government and the private sector agreed to share their data more freely, and allow it to be processed using the right analytics, previously unimaginable solutions to countless social, economic, and commercial problems would emerge. They may have no idea how right they are.
Even the most vocal proponents of open data appear to have underestimated how many profitable ideas and businesses stand to be created. More than 40 governments worldwide have committed to opening up their electronic data – including weather records, crime statistics, transport information, and much more – to businesses, consumers, and the general public. The McKinsey Global Institute estimates that the annual value of open data in education, transportation, consumer products, electricity, oil and gas, health care, and consumer finance could reach $3 trillion.
These benefits come in the form of new and better goods and services, as well as efficiency savings for businesses, consumers, and citizens. The range is vast. For example, drawing on data from various government agencies, the Climate Corporation (recently bought for $1 billion) has taken 30 years of weather data, 60 years of data on crop yields, and 14 terabytes of information on soil types to create customized insurance products.
Similarly, real-time traffic and transit information can be accessed on smartphone apps to inform users when the next bus is coming or how to avoid traffic congestion. And, by analyzing online comments about their products, manufacturers can identify which features consumers are most willing to pay for, and develop their business and investment strategies accordingly.
Opportunities are everywhere. A raft of open-data start-ups are now being incubated at the London-based Open Data Institute (ODI), which focuses on improving our understanding of corporate ownership, health-care delivery, energy, finance, transport, and many other areas of public interest.
Consumers are the main beneficiaries, especially in the household-goods market. It is estimated that consumers making better-informed buying decisions across sectors could capture an estimated $1.1 trillion in value annually. Third-party data aggregators are already allowing customers to compare prices across online and brick-and-mortar shops. Many also permit customers to compare quality ratings, safety data (drawn, for example, from official injury reports), information about the provenance of food, and producers’ environmental and labor practices.
Consider the book industry. Bookstores once regarded their inventory as a trade secret. Customers, competitors, and even suppliers seldom knew what stock bookstores held. Nowadays, by contrast, bookstores not only report what stock they carry but also when customers’ orders will arrive. If they did not, they would be excluded from the product-aggregation sites that have come to determine so many buying decisions.
The health-care sector is a prime target for achieving new efficiencies. By sharing the treatment data of a large patient population, for example, care providers can better identify practices that could save $180 billion annually.
The Open Data Institute-backed start-up Mastodon C uses open data on doctors’ prescriptions to differentiate among expensive patent medicines and cheaper “off-patent” varieties; when applied to just one class of drug, that could save around $400 million in one year for the British National Health Service. Meanwhile, open data on acquired infections in British hospitals has led to the publication of hospital-performance tables, a major factor in the 85% drop in reported infections.
There are also opportunities to prevent lifestyle-related diseases and improve treatment by enabling patients to compare their own data with aggregated data on similar patients. This has been shown to motivate patients to improve their diet, exercise more often, and take their medicines regularly. Similarly, letting people compare their energy use with that of their peers could prompt them to save hundreds of billions of dollars in electricity costs each year, to say nothing of reducing carbon emissions.
Such benchmarking is even more valuable for businesses seeking to improve their operational efficiency. The oil and gas industry, for example, could save $450 billion annually by sharing anonymized and aggregated data on the management of upstream and downstream facilities.
Finally, the move toward open data serves a variety of socially desirable ends, ranging from the reuse of publicly funded research to support work on poverty, inclusion, or discrimination, to the disclosure by corporations such as Nike of their supply-chain data and environmental impact.
There are, of course, challenges arising from the proliferation and systematic use of open data. Companies fear for their intellectual property; ordinary citizens worry about how their private information might be used and abused. Last year, Telefónica, the world’s fifth-largest mobile-network provider, tried to allay such fears by launching a digital confidence program to reassure customers that innovations in transparency would be implemented responsibly and without compromising users’ personal information.
The sensitive handling of these issues will be essential if we are to reap the potential $3 trillion in value that usage of open data could deliver each year. Consumers, policymakers, and companies must work together, not just to agree on common standards of analysis, but also to set the ground rules for the protection of privacy and property.”