Data isn't a four-letter word


Speech by Neelie Kroes, Vice-President of the European Commission responsible for the Digital Agenda: “I want to talk about data too: the opportunity as well as the threat.
Making data the engine of the European economy: safeguarding fundamental rights capturing the data boost, and strengthening our defences.
Data is at a cross-roads. We have opportunities; open data, big data, datamining, cloud computing. Tim Berners Lee, creator of the world wide web, saw the massive potential of open data. As he put it, if you put that data online, it will be used by other people to do wonderful things, in ways that you could never imagine.
On the other hand, we have threats: to our privacy and our values, and to the openness that makes it possible to innovate, trade and exchange.
Get it right and we can safeguard a better economic future. Get it wrong, and we cut competitiveness without protecting privacy. So we remain dependent on the digital developments of others: and just as vulnerable to them.
How do we find that balance? Not with hysteria; nor by paralysis. Not by stopping the wonderful things, simply to prevent the not-so-wonderful. Not by seeing data as a dirty word.
We are seeing a whole economy develop around data and cloud computing. Businesses using them, whole industries depending on them, data volumes are increasing exponentially. Data is not just an economic sideshow, it is a whole new asset class; requiring new skills and creating new jobs.
And with a huge range of applications. From decoding human genes to predicting the traffic, and even the economy. Whatever you’re doing these days, chances are you’re using big data (like translation, search, apps, etc).
There is increasing recognition of the data boost on offer. For example, open data can make public administrations more transparent and stimulate a rich innovative market. That is what the G8 Leaders recognised in June, with their Open Data Charter. For scientists too, open data and open access offer new ways to research and progress.
That is a philosophy the Commission has shared for some time. And that is what our ‘Open Data’ package of December 2011 is all about. With new EU laws to open up public administrations, and a new EU Open Data Portal. And all EU-funded scientific publications available under open access.
Now not just the G8 and the Commission are seeing this data opportunity: but the European Council too. Last October, they recognised the potential of big data innovation, the need for a single market in cloud computing; and the urgency of Europe capitalising on both.
We will be acting on that. Next spring, I plan a strategic agenda for research on data. Working with private partners and national research funders to shape that agenda, and get the most bang for our research euro.
And, beyond research, there is much we can do to align our work and support secure big data. From training skilled workers, to modernising copyright for data and text mining, to different actors in the value chain working together: for example through a public-private partnership.
…Empowering people is not always easy in this complex online world. I want to see technical solutions emerge that can do that, give users control over their desired level of privacy, how their data will be used, and making it easier to verify online rights are respected.
How can we do that? How can we ensure systems that are empowering, transparent, and secure? There are a number of subtleties in play. Here’s my take.
First, companies engaged in big data will need to start thinking about privacy protection at every stage: and from system development, to procedures and practices.
This is the principle of “privacy by design”, set out clearly in the proposed Data Protection Regulation. In other words, from now on new business ideas have two purposes: delivering a service and protecting privacy at the right level.
Second, also under the regulation, big data applications that might put fundamental rights at risk would require the company to carry out a “Privacy Impact Assessment”. This is another good way to combine innovation and privacy: ensuring you think about any risks from the start.
Third, sometimes, particularly for personal data, a company might realise they need user consent. Consent is a cornerstone of data protection rules, and should stay that way.
But we need to get smart, and apply common sense to consent. Users can’t be expected to know everything. Nor asked to consent to what they cannot realistically understand. Nor presented with false dilemmas, a black-and-white choice between consenting or getting shut out of services.
Fourth, we can also get smart when it comes to anonymisation. Sometimes, full anonymisation means losing important information, so you can no longer make the links between data. That could make the difference between progress or paralysis. But using pseudonyms can let you to analyse large amounts of data: to spot, for example, that people with genetic pattern X also respond well to therapy Y.
So it is understandable why the European Parliament has proposed a more flexible data protection regime for this type of data. Companies would be able to process the data on grounds of legitimate interest, rather than consent. That could make all the positive difference to big data: without endangering privacy.
Of course, in those cases, companies still to minimise privacy risks. Their internal processes and risk assessments must show how they comply with the guiding principles of data protection law. And – if something does go wrong – the company remains accountable.
Indeed company accountability is another key element of our proposal. And here again we welcome the European Parliament’s efforts to reinforce that. Clearly, you might assure accountability in different ways for different companies. But standards for compliance and processes could make a real difference.
A single data protection law for Europe would be a big step forward. National fortresses and single market barriers just make it harder for Europe to lead in digital, harder for Europe to become the natural home of secure online services. Data protection cannot mean data protectionism. Rather, it means safeguarding privacy does not come at the expense of innovation: with laws both flexible and future proof, pragmatic and proportionate, for a changing world….
But data protection rules are really just the start. They are only part of our response to the Snowden revelations….”

Selected Readings on Smart Disclosure


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 smart disclosure was originally published in 2013.

While much attention is paid to open data, data transparency need not be managed by a simple On/Off switch: It’s often desirable to make specific data available to the public or individuals in targeted ways. A prime example is the use of government data in Smart Disclosure, which provides consumers with data they need to make difficult marketplace choices in health care, financial services, and other important areas. Governments collect two kinds of data that can be used for Smart Disclosure: First, governments collect information on services of high interest to consumers, and are increasingly releasing this kind of data to the public. In the United States, for example, the Department of Health and Human Services collects and releases online data on health insurance options, while the Department of Education helps consumers understand the true cost (after financial aid) of different colleges. Second, state, local, or national governments hold information on consumers themselves that can be useful to them. In the U.S., for example, the Blue Button program was launched to help veterans easily access their own medical records.

Selected Reading List (in alphabetical order)

Annotated Selected Reading List (in alphabetical order)

Better Choices: Better Deals Report on Progress in the Consumer Empowerment Strategy. Progress Report. Consumer Empowerment Strategy. United Kingdom: Department for Business Innovation & Skills, December 2012. http://bit.ly/17MqnL3.

  • The report details the progress made through the United Kingdom’s consumer empowerment strategy, Better Choices: Better Deals. The plan seeks to mitigate knowledge imbalances through information disclosure programs and targeted nudges.
  • The empowerment strategy’s four sections demonstrate the potential benefits of Smart Disclosure: 1. The power of information; 2. The power of the crowd; 3. Helping the vulnerable; and 4. A new approach to Government working with business.
Braunstein, Mark L.,. “Empowering the Patient.” In Health Informatics in the Cloud, 67–79. Springer Briefs in Computer Science. Springer New York Heidelberg Dordrecht London, 2013. https://bit.ly/2UB4jTU.
  • This book discusses the application of computing to healthcare delivery, public health and community based clinical research.
  • Braunstein asks and seeks to answer critical questions such as: Who should make the case for smart disclosure when the needs of consumers are not being met? What role do non-profits play in the conversation on smart disclosure especially when existing systems (or lack thereof) of information provision do not work or are unsafe?

Brodi, Elisa. “Product-Attribute Information” and “Product-Use Information”: Smart Disclosure and New Policy Implications for Consumers’ Protection. SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, September 4, 2012. http://bit.ly/17hssEK.

  • This paper from the Research Area of the Bank of Italy’s Law and Economics Department “surveys the literature on product use information and analyzes whether and to what extent Italian regulator is trying to ensure consumers’ awareness as to their use pattern.” Rather than focusing on the type of information governments can release to citizens, Brodi proposes that governments require private companies to provide valuable use pattern information to citizens to inform decision-making.
  • The form of regulation proposed by Brodi and other proponents “is based on a basic concept: consumers can be protected if companies are forced to disclose data on the customers’ consumption history through electronic files.”
National Science and Technology Council. Smart Disclosure and Consumer Decision Making: Report of the Task Force on Smart Disclosure. Task Force on Smart Disclosure: Information and Efficiency in Consumer Markets. Washington, DC: United States Government: Executive Office of the President, May 30, 2013. http://1.usa.gov/1aamyoT.
    • This inter-agency report is a comprehensive description of smart disclosure approaches being used across the Federal Government. The report not only highlights the importance of making data available to consumers but also to innovators to build better options for consumers.
  • In addition to providing context about government policies that guide smart disclosure initiatives, the report raises questions about what parties have influence in this space.

“Policies in Practice: The Download Capability.” Markle Connecting for Health Work Group on Consumer Engagement, August 2010. http://bit.ly/HhMJyc.

  • This report from the Markle Connecting for Health Work Group on Consumer Engagement — the creator of the Blue Button system for downloading personal health records — features a “set of privacy and security practices to help people download their electronic health records.”
  • To help make health information easily accessible for all citizens, the report lists a number of important steps:
    • Make the download capability a common practice
    • Implement sound policies and practices to protect individuals and their information
    • Collaborate on sample data sets
    • Support the download capability as part of Meaningful Use and qualified or certified health IT
    • Include the download capability in procurement requirements.
  • The report also describes the rationale for the development of the Blue Button — perhaps the best known example of Smart Disclosure currently in existence — and the targeted release of health information in general:
    • Individual access to information is rooted in fair information principles and law
    • Patients need and want the information
    • The download capability would encourage innovation
    • A download capability frees data sources from having to make many decisions about the user interface
    • A download capability would hasten the path to standards and interoperability.
Sayogo, Djoko Sigit, and Theresa A. Pardo. “Understanding Smart Data Disclosure Policy Success: The Case of Green Button.” In Proceedings of the 14th Annual International Conference on Digital Government Research, 72–81. New York: ACM New York, NY, USA, 2013. http://bit.ly/1aanf1A.
  • This paper from the Proceedings of the 14th Annual International Conference on Digital Government Research explores the implementation of the Green Button Initiative, analyzing qualitative data from interviews with experts involved in Green Button development and implementation.
  • Moving beyond the specifics of the Green Button initiative, the authors raise questions on the motivations and success factors facilitating successful collaboration between public and private organizations to support smart disclosure policy.

Thaler, Richard H., and Will Tucker. “Smarter Information, Smarter Consumers.” Harvard Business Review January – February 2013. The Big Idea. http://bit.ly/18gimxw.

  • In this article, Thaler and Tucker make three key observations regarding the challenges related to smart disclosure:
    • “We are constantly confronted with information that is highly important but extremely hard to navigate or understand.”
    • “Repeated attempts to improve disclosure, including efforts to translate complex contracts into “plain English,” have met with only modest success.”
    • “There is a fundamental difficulty of explaining anything complex in simple terms. Most people find it difficult to write instructions explaining how to tie a pair of shoelaces.

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.”

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.”

Index: Trust in Institutions


The Living Library Index – inspired by the Harper’s Index – provides important statistics and highlights global trends in governance innovation. This installment focuses on trust in institutions and was originally published in 2013.

Trust in Government

  • How many of the global public feel that their governments listen to them: 17%
  • How much of the global population trusts in institutions: almost half 
  • The number of Americans who trust institutions: less than half
  • How many people globally believe that business leaders and government officials will tell the truth when confronted with a difficult issue: Less than one-fifth
  • The average level of confidence amongst citizens in 25 OECD countries:
    • In national government: 40%, down from 45% in 2007
    • In financial institutions: 43%
    • In public services such as local police and healthcare: 72% and 71% respectively

Executive Government

  • How many Americans trust the government in Washington to do what is right “just about always or most of the time” in September 2013: 19%
  • Those who trust the “men and women … who either hold or are running for public office”: 46%
  • Number of Americans who express a great deal or fair amount of trust in:
    • Local government: 71%
    • State government: 62%
    • Federal government: 52%
  • How many Americans trust in the ability of “the American people” to make judgments about political issues facing the country:  61%, declining every year since 2009
  • Those who have trust and confidence in the federal government’s ability to handle international problems: 49%
  • Number of Americans who feel “angry” at the federal government: 3 in 10, all-time high since first surveyed in 1997

Congress

  • Percentage of Americans who say “the political system can work fine, it’s the members of Congress that are the problem” in October 2013: 58%
  • Following the government shutdown, number of Americans who stated that Congress would work better if nearly every member was replaced next year: nearly half
  • Those who think that even an entire overhaul of Congress would not make much difference: 4 in 10 
  • Those who think that “most members of Congress have good intentions, it’s the political system that is broken” in October 2013: 32%

Trust in Media

  • Global trust in media (traditional, social, hybrid, owned, online search): 57% and rising
  • The percentage of Americans who say they have “a great deal or fair amount of trust and confidence in the mass media”: 44% – the lowest level since first surveyed in 1997
  • How many Americans see the mass media as too liberal: 46%
    • As too conservative: 13%
    • As “just about right”: 37%
  • The number of Americans who see the press as fulfilling the role of political watchdog and believe press criticism of political leaders keeps them from doing things that should not be done: 68%
  • The proportion of Americans who have “only a little/not at all” level of trust in Facebook to protect privacy and personal information: three in four
    • In Google: 68%
    • In their cell phone provider: 63%

Trust in Industry

  • Global trust in business: 58%
  • How much of the global public trusts financial institutions: 50%
  • Proportion of the global public who consider themselves informed about the banking scandals: more than half
  • Of those, how many Americans report they now trust banks less: almost half
  • Number of respondents globally who say they trust tech companies to do what’s right: 77%, most trusted industry
  • Number of consumers across eight markets who were “confident” or “somewhat confident” that the tech sector can provide long-term solutions to meet the world’s toughest challenges: 76%

Sources

New Report: Federal Ideation Program: Challenges and Best Practices


New Report by Professor Gwanhoo Lee for the IBM Center for The Business of Government: “Ideation is the process of generating new ideas or solutions using crowdsourcing technologies, and it is changing the way federal government agencies innovate and solve problems. Ideation tools use online brainstorming or social voting platforms to submit new ideas, search previously submitted ideas, post questions and challenges, discuss and expand on ideas, vote them up or down and flag them.
This report examines the current status, challenges, and best practices of federal internal ide­ation programs made available exclusively to employees. Initial experiences from a variety of agencies show that these ideation tools hold great promise in engaging employees and stake­holders in problem-solving.
While ideation programs offer promising benefits, making innovation an aspect of everyone’s job is very hard to achieve. Given that these ideation tools and programs are still relatively new, agencies have not yet figured out the best practices and often do not know what to expect during the implementation process. This report seeks to fill this gap.
Based on field research and a literature review, the report describes four federal internal ideation programs, including IdeaHub (Department of Transportation), the Sounding Board (the Department of State), IdeaFactory (Department of Homeland Security), and CDC IdeaLab (Centers for Disease Control and Prevention, Department of Health and Human Services).
Four important challenges are associated with the adoption and implementation of federal internal ideation programs. These are: managing the ideation process and technology; managing cultural change; managing privacy, security and transparency; and managing use of the ideation tool.
Federal government agencies have been moving in the right direction by embracing these tools and launching ideation programs in boosting employee-driven innovation. However, many daunting challenges and issues remain to be addressed. For a federal agency to sustain its internal ideation program, it should note the following:
Recommendation One: Treat the ideation program not as a management fad but as a vehicle to reinvent the agency.
Recommendation Two: Institutionalize the ideation program.
Recommendation Three: Make the ideation team a permanent organizational unit.
Recommendation Four: Document ideas that are implemented.Quantify their impact and demonstrate the return on investment.Share the return with the employees through meaningful rewards.
Recommendation Five: Assimilate and integrate the ideation program into the mission-critical administrative processes.
Recommendation Six: Develop an easy-to-use mobile app for the ideation system.
Recommendation Seven: Keep learning from other agencies and even from commercial organizations.”

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:

Open government and conflicts with public trust and privacy: Recent research ideas


Article by John Wihbey:  “Since the Progressive Era, ideas about the benefits of government openness — crystallized by Justice Brandeis’s famous phrase about the disinfectant qualities of “sunlight” — have steadily grown more popular and prevalent. Post-Watergate reforms further embodied these ideas. Now, notions of “open government” and dramatically heightened levels of transparency have taken hold as zero-cost digital dissemination has become a reality. Many have advocated switching the “default” of government institutions so information and data are no longer available just “on demand” but rather are publicized as a matter of course in usable digital form.
As academic researchers point out, we don’t yet have a great deal of long-term, valid data for many of the experiments in this area to weigh civic outcomes and the overall advance of democracy. Anecdotally, though, it seems that more problems — from potholes to corruption — are being surfaced, enabling greater accountability. This “new fuel” of data also creates opportunities for businesses and organizations; and so-called “Big Data” projects frequently rely on large government datasets, as do “news apps.”
But are there other logical limits to open government in the digital age? If so, what are the rationales for these limits? And what are the latest academic insights in this area?
Most open-records laws, including the federal Freedom of Information Act, still provide exceptions that allow public institutions to guard information that might interfere with pending legal proceedings or jeopardize national security. In addition, the internal decision-making and deliberation processes of government agencies as well as documents related to personnel matters are frequently off limits. These exceptions remain largely untouched in the digital age (notwithstanding extralegal actions by WikiLeaks and Edward Snowden, or confidential sources who disclose things to the press). At a practical level, experts say that the functioning of FOIA laws is still uneven, and some states continue to threaten rollbacks.
Limits of transparency?
A key moment in the rethinking of openness came in 2009, when Harvard University legal scholar Lawrence Lessig published an essay in The New Republic titled “Against Transparency.” In it, Lessig — a well-known advocate for greater access to information and knowledge of many kinds — warned that transparency in and of itself could lead to diminished trust in government and must be tied to policies that can also rebuild public confidence in democratic institutions.
In recent years, more political groups have begun leveraging open records laws as a kind of tool to go after opponents, a phenomenon that has even touched the public university community, which is typically subject to disclosure laws….

Privacy and openness
If there is a tension between transparency and public trust, there is also an uneasy balance between government accountability and privacy. A 2013 paper in the American Review of Public Administration, “Public Pay Disclosure in State Government: An Ethical Analysis,” examines a standard question of disclosure faced in every state: How much should even low-level public servants be subject to personal scrutiny about their salaries? The researchers, James S. Bowman and Kelly A. Stevens of Florida State University, evaluate issues of transparency based on three competing values: rules (justice or fairness), results (what does the greatest good), and virtue (promoting integrity.)…”

Mozilla Location Service: crowdsourcing data to help devices find your location without GPS


“The Mozilla Location Service is an experimental pilot project to provide geolocation lookups based on publicly observable cell tower and WiFi access point information. Currently in its early stages, it already provides basic service coverage of select locations thanks to our early adopters and contributors.
A world map showing areas with location data. Map data provided by mapbox / OpenStreetMap.
While many commercial services exist in this space, there’s currently no large public service to provide this crucial part of any mobile ecosystem. Mobile phones with a weak GPS signal and laptops without GPS hardware can use this service to quickly identify their approximate location. Even though the underlying data is based on publicly accessible signals, geolocation data is by its very nature personal and privacy sensitive. Mozilla is committed to improving the privacy aspects for all participants of this service offering.
If you want to help us build our service, you can install our dedicated Android MozStumbler and enjoy competing against others on our leaderboard or choose to contribute anonymously. The service is evolving rapidly, so expect to see a more full featured experience soon. For an overview of the current experience, you can head over to the blog of Soledad Penadés, who wrote a far better introduction than we did.
We welcome any ideas or concerns about this project and would love to hear any feedback or experience you might have. Please contact us either on our dedicated mailing list or come talk to us in our IRC room #geo on Mozilla’s IRC server.
For more information please follow the links on our project page.”

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.”