On Monday, Rep. Darrell Issa (R-CA) and Sen. Ron Wyden (D-OK) introduced a proposal for a “Digital Bill of Rights” at the Personal Democracy Forum in New York City. You can watch a video of their conversation with Personal Democracy Media publisher Andrew Rasiej below:
Congressman Issa has posted the proposed Digital Bill of Rights on MADISON, the online legislation platform his staff built last December. The 10 proposed rights are the following:
The Digital Bill of Rights
1. Freedom – digital citizens have a right to a free, uncensored internet
2. Openness – digital citizens have a right to an open, unobstructed internet
3. Equality – all digital citizens are created equal on the internet
4. Participation – digital citizens have a right to peaceably participate where and how they choose on the internet
5. Creativity – digital citizens have a right to create, grow and collaborate on the internet, and be held accountable for what they create
6. Sharing – digital citizens have a right to freely share their ideas, lawful discoveries and opinions on the internet
7. Accessibility – digital citizens have a right to access the internet equally, regardless of who they are or where they are
8. Association – digital citizens have a right to freely associate on the internet
9. Privacy – digital citizens have a right to privacy on the internet
10. Property – digital citizens have a right to benefit from what they create, and be secure in their intellectual property on the internet
Congressman Issa made the following statement about the rights, which could well end up in a bill at some point, as with other proposals on the MADISON platform:
I believe that individuals possess certain fundamental rights. Government should exist to protect those rights against those who would violate them. That is the revolutionary principle at the heart of the American Declaration of Independence and U.S. Constitution. No one should trample our right to life, liberty and the pursuit of happiness. That’s why the Bill of Rights is an American citizen’s first line of defense against all forms of tyranny.
But where can a digital citizen turn for protection against the powerful? This question lay at the heart of the fight to stop SOPA and PIPA and keep the web open. While I do not have all the answers, the remarkable cooperation we witnessed in defense of an open Internet showed me three things. First, government is flying blind, interfering and regulating without understanding even the basics. Second, we have a rare opportunity to give government marching orders on how to treat the Internet, those who use it and the innovation it supports. And third, we must get to work immediately because our opponents are not giving up.
We need to frame a digital Bill of Rights. This is my first draft. I need your help to get this right, so I published it here in Madison for everyone to comment, criticize and collaborate. I look forward to hearing from you and continuing to work together to keep the web open.
-Congressman Darrell Issa
As of June 14th, the proposed rights have received 101 suggested edits and 35 community comments. Elsewhere on the Internet, they’ve generated considerably more attention. The proposed Digital Bill of Rights has received widespread news coverage, from the The Guardian to BoingBoing to Ars Technica to The Verge to CNET to The Hill.
And, for all of the interest around this week’s version, the proposal from Rep. Issa and Senator Wyden itself is relatively non-specific and does not officially recognize the iterations that have come before it. The Internet Bill of Rights that came out of Rio a few years ago, for instance, layered on a few additional (important) points:
“Privacy, data protection, freedom of expression, universal accessibility, network neutrability, interoperability, use of format and open standards, free access to information and knowledge, right to innovation and a fair and competitive market and consumers safeguard.”
There’s also a more fundamental question of how such rights would be enforced, by whom and in what context. In the United States, after all, there’s already a Bill of Rights, and one that’s held up rather well for over two centuries. Focusing on how and where the rights that citizens (digital or otherwise) already enjoy apply online would be a constructive and useful role for lawmakers to consider, particularly given the unprecedented capacity of both governments and private actors to search, surveil and censor humanity on the Internet.
All that being said, it’s significant that this pair of Congressmen introduced them and notable that the they’re taking comments from the online community using the Internet itself.
On Friday, I expect to have the opportunity to ask Rep. Issa about his thinking about a digital bill of rights, amongst other issues related to technology, data and open government. If you have questions or concerns about the proposals above that you’d like posed to the Congressman, please let me know at email@example.com.
UPDATE: Embedded below are the reactions on Twitter to the question posed in the headline of this post:
Canadian blogger Tom Slee published a post yesterday that made that claim, writing that “it’s not a movement, at least in any reasonable political or cultural sense of the word” and that “it’s doing nothing for transparency and accountability in government. Slee followed by a second post that highlighted some reactions to the first — including my own, driven by a rather heated dialogue on Twitter with author Evgeny Morozov.
Slee makes one assertion that will be of particular interest to Govfresh readers, who may be surprised to find that civic hacking and a movement to put open government data online don’t exist:
Who, after all, is the Open Data Movement? Well it turns out there isn’t one really, at least when it comes to “open data” in the sense of “open government data”, which along with “open scientific data” is one of the two most common uses of the term.
“Open Data Movement” is a phrase dragged out by media-oriented personalities to cloak a private-sector initiative in the mantle of progressive politics. Along with other cyberculture terms (“hacktivism”, “unconferences”, “hackathons”) the word “movement” suggests a countercultural grass-roots initiative for social change, but there isn’t anything of the sort that I can see.
But in a larger sense, there can be no question that open data is an important tool for creating accountability. Consider what FOIA means for corruption. Consider what OpenCorporates is doing. Consider our work on lobbying reform or tax expenditure transparency or the understanding of the interplay between the two that open data makes possible. Or look at Revenue Watch’s work to get better data on international royalty payments from mineral and petroleum companies. Or our push for better information about Congressional activity and political advertising.
….an international group of transparency and open government activists got together for TransparencyCamp. Among the folks represented there: Open Data Albania, a collaborative that collects and analyzes data about the government of Albania and partners with journalists to build context to explain how that country works; Global Integrity, which partnered with others to build a 50-state corruption report card for the United States; and LittleSis, which looks to map connections and influence at the highest levels of American society.
Are there commercial interests that will use open data in their products or services? Absolutely. Look to consumer finance startups like Hello Wallet or BrightScope or Mint.com or bigger players in healthcare, like Aetna, that stand to benefit from smart disclosure initiatives.
There’s little doubt that smart entrepreneurs, big and small, are going to mashup data from the rapidly expanding new sources — social data, geolocation data, mobile data, financial data, transit data, health data, etc — and build new businesses on it or improve their existing services, like Zillow or Google Maps or Consumer Reports or Bloomberg Government. In a time when job creation is critical, using public sector information to create jobs isn’t an aim to dismiss lightly, although the terms and conditions under which such activity occurs must be clear to all actors involved, to avoid the creation of new monopolies based upon artificial scarcity.
We are in such early days in this new century, and the role of civic entrepreneurs in putting data to work in the marketplace shouldn’t be discounted or dismissed out of hand, although the licensing and extraction of value of public data must be closely watched. (And yes, that includes the progress of civic startups coming out of Code for America’s civic accelerator or any funded by O’Reilly’s Alpha Tech ventures, like SeeClickFix. If you see the latter in my coverage, expect a disclosure and know I personally do not have an interest in the success of such startups and maintain a rigorous “church and state” relationship with that entity. My investments currently consist of a 401(k), and not one that’s weathered the economic downturn as well as I’d like.)
Here’s the Sunlight Foundation’s Tom Lee again, on the issue that Slee raised:
… the core of Tom’s complaint isn’t about episodic failures of activism. Rather, he seems to be bothered by open data enthusiasts’ adoption of language and an aesthetic that traditionally belong to projects with more expressly political (and progressive) aims. He seems suspicious that a self-described nonpartisan activist movement could be anything but a cynical lobbying ploy for private interests. Indeed, there’s a clear strain of hostility toward business that runs through Tom’s critique. Fair enough: more than a few such “movements” have turned out to be astroturfing operations, and it’s certainly true that on some open data issues I expect a less than enthusiastic response from the corporate world.
But I think it’s flatly wrong to consider private actors’ interest in public data to be uniformly problematic. We should be clear: we won’t tolerate those interests’ occasional attempts to lock public data into exclusive monopolies. I think our community has done a pretty good job lately of identifying such situations and stopping them, and of course people like Carl Malamud have been doing important work on this question since well before most of us ever heard of “open data.” But if commercial activity is enabled by data, that’s all to the good—the great thing about digital information is that scarcity doesn’t have to be a concern. Google Maps’ uses of Census TIGER data, for instance, is proprietary, motivated by profit, and unquestionably a huge boon to human welfare. And the source data remains free for anyone else to use! Cutting off those kinds of uses with noncommercial licensing would be nothing more than a destructive act of pique.
…In my world, the commercial sector is raping and pillaging the public treasury, getting exclusive deals on data that not only keeps out other companies, but researchers, public interest groups, and everybody else who make up “the public.” In many cases, the government data is so tightly behind a cash register that even government workers enforcing the law can’t afford to buy copies of the data they produce or the rules they promulgated.
I have no idea who Whimsley is and don’t usually bother to comment on random blogs by armchair quarterbacks, and I have no idea what is going on in Canada, but this one seems so far off the mark it seemed worth a few words. The post is backwards in the analysis, but it is also lacking a bit of reality.
I don’t give a hoot if something is a movement, but I’m not sure that making lists of who gets to use data and who doesn’t get to use public data makes any sense (many nonprofits are intensely commercial and many commercial operations seem to avoid the evilness of many of the beltway bandits). As far as Code for America’s program and their sponsors, or Tim O’Reilly and his talks, I’ve observed all of those at first hand and it is pretty clear the pseudonymous blogger doesn’t have a clue what either group does or what they think.
P.S. I’ve watched many tens of millions of people access and use government data that wasn’t available before from my servers. Maybe not a movement, but definitely a really big crowd.
Canadian open government data advocate and analyst David Eaves responded to Slee today on his own blog, where he argues (at considerable length) that open data movement is not a joke. The whole post is worth reading but I’ll quite Eaves on one point in particular:
…to be clear, I would never equate open government data as being tantamount to solving the problems of a restrictive or closed government (and have argued as much here). Just as an authoritarian regime can run on open-source software, so too might it engage in open data. Open data is not the solution for Open Government (I don’t believe there is a single solution, or that Open Government is an achievable state of being – just a goal to pursue consistently), and I don’t believe anyone has made the case that it is. I know I haven’t. But I do believe open data can help. Like many others, I believe access to government information can lead to better informed public policy debates and hopefully some improved services for citizens (such as access to transit information). I’m not deluded into thinking that open data is going to provide a steady stream of obvious “gotcha moments” where government malfeasance is discovered, but I am hopeful that government data can arm citizens with information that the government is using to inform its decisions so that they can better challenge, and ultimately help hold accountable, said government.
Expect more reactions to emerge. For my part, I’d reiterate what I’ve written about open government data before: Simply opening up data is not a replacement for a Constitution that enforces a rule of law, free and fair elections, an effective judiciary, decent schools, basic regulatory bodies or civil society, particularly if the data does not relate to meaningful aspects of society.
I’ll go a bit further, extending a comment I left on Slee’s second post. Morozov’s points about raising critical questions are legitimate and my comments on Twitter could easily be read as being dismissive of their pertinence. That was not my goal and to do so would be antithetical to my belief in free speech and robust public discourse about the serious issues that confront us as a country and humans on this small blue dot.
I did think — and still do — that the latter half of Slee’s post needed to include some basic research that would have improved its discussion of the issues involved, particularly with respect to the tension between open data and open government. The comments he received on that post particularly those of Carl Malamud, as quoted above, and the posts that I’ve linked, should serve as a bellwhether.
Readers curious about the tensions here (perhaps including Slee) would benefit from reading a recent research paper by Yu and Robinson on the ambiguity of open government and open data and from delving into the broader discussion in civil society in South America and Europe in the lead up to the Open Government Partnership, where this dynamic was the subject of much concern — and not just in a Canadian or UK context.
One reason that Slee’s post may have received attention — and continues to do so — is that it does not read as “The problem with open data versus open government in Canada.” Instead, it’s an indictment of what’s happening in the U.S. or around the world. I suspect that if he had stopped after the first half of what he’d written about Canada’s open government record, most people from civil society and NGOs would have nodded along. One reason those legitimate concerns he raised may not be receiving the attention that Slee might like is that they were coupled them with a headline and analysis that distract from them. In his followup, he walks that back a bit, but not much.
As the conversation in the public sphere over the past few years has demonstrated, there are a lot of different perspectives on what purposes “open data” should serve, often informed by what the watcher intends or the organization’s goals. That’s to be expected in a new and rapidly evolving space.
There are people who want to see legislatures open their data, to provide more insight into deliberative processes. In the U.S., for instance, Govtrack.us has been making government legislative data open (and more useful!) by scraping it from government websites.
There are constituencies who wish to see campaign finance data open, like the Sunlight Foundation, thereby showing where influence and power lies in the political system.
There are entrepreneurs and civic activists who wish to see transit data or health data become more open, in the service of more civic utility or patient empowerment — one can look at the efforts of various cities or the Veterans Administration in the US on that count. When you consider that such data can include ratings or malpractice information about hospitals or doctors, or fees for insurance companies, transparency and accountability does crop up as a goal, which in turn does have political implications.
One could spend quite a bit of time listing organizations or individuals who are putting data online, including open government activists in Brazil, Africa or yes, Canada, and then listing consumers of that data.
Whether Slee wish to describe those activities as a “movement” is up to him — but it is indisputable that 3 years ago, a researchers would be hard-pressed to find a open government data platform nor downstream consumers.
Now there are dozens of such platforms at the national, state and city level and even more services that use that data. What matters more than their existence, however, is what goes onto them. In that respect, civil society and media must to be extremely careful about giving governments credit for just putting a “portal” online. In March, Sunlight Foundation policy director John Wonderlich wrote a post about the “missing open data policy” that every government standing up a platform could benefit from reading:
Most newly implemented open data policies, much like the Open Government Directive, are announced along alongside a package of newly released datasets, and often new data portals, like Data.gov. In a sense, these pieces have become the standard parts of the government data transparency structure. There’s a policy that says data should generally be open and usefully released, a central site for accessing it, some set of new data, and perhaps a few apps that demonstrate the data’s value.
Unfortunately, this is not the anatomy of an open government. Instead, this is the anatomy of the popular open government data initiatives that are currently in favor. Governments have learned to say that data will be open, provide a place to find it, release some selected datasets, and point to its reuse.
What gets left out of these initiatives, however, is often the most important part — the decisions as to what gets released, and how. Many open government data discussions skip over the question of whether governments are deciding appropriately what gets released and what doesn’t. Instead of making complex decisions about what should be released, central governments suggest that those decisions are hard, and that as long as there’s always some new information, then we’re making progress that deserves praise.
There are also, notably, many civil society and media organizations that are collecting and sharing open data, from OpenCorporates to OpenCongress to ProPublica, and startups as well, like Brightscope.
There are a lot of different voices in this space. Asking hard questions is important and useful, particularly given that motivations and context will differ from country to country and from industry to civil society. In the United States, there is a sizable group of people that believe that data created using public funds should in turn be made available to the public — and that the Internet is a highly effective place to make such data available. (See the Sunlight Foundation’s support for POIA, or “Public = Online.”) Such thinking extends to research or code now too. Support for open data also extends across the political spectrum here, as evidenced by the recent passage of the DATA Act with bipartisan support.
Whether one agrees with that perspective or not is, of course, something that free thinkers in democratic societies to decide for themselves, including my neighbors in Canada. Given the pervasive tendency towards more secrecy in governments, not less, and my experience in open government over the past few years, my tendency is towards making public information open by public by default as opposed to its inverse. If the trend towards over-classification is not reversed, the nation will be less informed.
Finally, since Slee brought the source of his frustration up in his second post, I want to be clear: the issues he cited with respect to Canada’s open government record are not founded in speculation, as his links and points demonstrate. The Harper administration has received the dubious distinction of a secrecy award from a journalism association. It did cancel Canada’s long-form census, prompting the resignation of the head of the Statscan service. And journalists have been confronted with limited access to government scientists, much in the same vein of open government issues in the United States.
Highlighting the difference between rhetoric and actions is a crucial role for civil society and independent media in any open government context. To the extent Slee has done so with these posts, I applaud his actions. To the extent he questions my motivations or those of my publisher and friend, Tim O’Reilly, I reject his conclusions.
I agreed to collaborate with Tim on focusing attention on open government and technology because he wanted to see government work better, become smarter, and be more accountable to the people whom it serves. I did so with the understanding that I’d be able to pursue storytelling with editorial independence and adherence to truth, fairness, accuracy and reason. If I ever fail in that goal, I expect the open government community to continue to hold me as accountable as they would an elected official or public servant.
Earlier this year, I accepted an invitation from Canadian Minister of Parliament Tony Clement, the president of Canada’s Treasury Board, to be a member of Canada’s advisory panel on open government, joining others from Canada’s tech industry, the academy and civil society. The first — and only — meeting to date was held via telepresence on February 28th, 2012.
I chose to accept the invitation to sit on this panel — in an unpaid, nonbinding and entirely voluntary role — because I viewed it in the same vein as my participation in the open consultation on the U.S. National Plan for Open Government that the White House held prior to the launch of the Open Government Partnership last year. I viewed it as an opportunity to represent a perspective at the (virtual) table that valued the role of journalism and civil society. I disclosed my involvement on the panel using the Internet, including Twitter, Facebook and Google+.
Here are the recommendations I made when I had an opportunity to speak:
1) Cooperation or partnerships with media for publishing and improving open government data. The Guardian’s datablog is top-notch in covering the United Kingdom efforts. This could include the ability to bring “cleaned” data back into a media platform. This should never preclude investigative work in the service of government accountability in the use of that data nor any restrictions regarding journalistic work.
2) A mobile strategy to involve citizens in governance, particularly remote towns, an issue in the immense country of Canada. Government should not neglect mobile websites, email and txt in favor of “Web 2.0” services.
3) An “analog” strategy, to ensure all citizens offline are included in any open government process, whether it involves a consultation, election, budgetary guidance, including the use of phones and town halls.
4) A demand-sensitive approach to freedom of information requests. Media and open government advocates should be further empowered to get more access to crucial “good government” records and to ask direct questions of public officials. Dataset releases should be prioritized by both the public interest and in the public interest.
5) A focus on releasing raw government performance data about government services and about regulated industries, as means of driving transparency into industries and government, providing material for both government and corporate watchdogs to hold institutions more accountable. Joining the Extractive Industries Transparency Initiative, as the United States has done, would be a substantive example of such a move.
6) A national citizen scanning initiative, akin to Carl Malamud’s “Yes We Scan” notion, to digitize government information.
7) A focus on meaningful engagement on social media platforms, not simply broadcasting political agendas, with incentives to listen to the concerns of constituents, not increase the volume of outbound communication.
8 ) Measure open data outcomes, not volume: I suggested later in the meeting that measuring the impact of open data should not come from the number of data sets published nor the number of apps on the minister’s iPhone. The success of the effort would be judged upon A) improvements to internal efficiency or productivity, B) downstream use of data, not total datasets published C) the number of applications that are actively used by citizens, whether in the service of driving greater accountability or civic utility.
A note on disclosure
Questions have been raised by author Evgeny Morozov about whether I should be on this panel or not, given that I write about open government. (He indicated on Twitter that he thinks that I should not be.) I asked several professors and editors prior to accepting the offer if they saw an issue with joining, prior to accepting the offer. All replied I could do so if I was open about my involvement and disclosed it. The Canadian government itself subsequently made that disclosure, along with my social publications on February 28th. I have been waiting for them to publish a more detailed, full record of the open government panel discussion, to no avail. (The above recommendations constitute publication of my notes made prior and during to the meeting but should not be viewed a transcript. An extremeley general, high level summary can be found at open.gc.ca.)
When I was in Brazil last month for the Open Government Partnership conference, I did attend a dinner at the Canadian embassy that included Clement and the Canadian delegation, along with Eaves. While I was there, I talked with Canada’s deputy CIO about how I personally used social media and derived value from it, along with how I had observed large institutions accumulate and retrieve knowledge internally using collaboration software. I also talked with attendees about hockey, Brazil, dinner itself, and Eaves’ experience being a father of a newborn baby. I do not know if open government or open data were the subject of subsequent conversation with the Clement, ambassador or their staff: I left after dessert.
If you have strong opinions about my involvement, as described above or elsewhere, please ring in in the comments or contact me directly at firstname.lastname@example.org.
In the video embedded above, Pollock talks about his involvement with OGP and how civil society will be involved in holding government accountable. He also explains what open data means to him, including a definition and how it relates to traditional open government goals of transparency and accountability. Pollock recommends the Open Data Handbook as a resource to learn more and put data to work in the service of better government.
58 ministers, officials, members of civil society and the media explained what “open government” means to them at last week’s Open Government Partnership conference in Brazil. You can watch them all in the video player below. (Each clip is under 30 seconds.)
The following listings are by no means comprehensive but should serve as a starting point if you’re wondering what’s happening, when and where. If you know about more Gov 2.0 events that should be listed here, please let me know at email@example.com or @digiphile.
It was in that context that I presented upon “Open Data Journalism” this morning, which, to paraphrase Jonathan Stray, I’d define as obtaining, reporting upon, curating and publishing open data in the public interest. My slides, which broadly describe what I’m seeing in the world of open government today, are embedded below.
Last week was “Social Media Week” here in DC. The week featured speakers, panels, workshops, events, and parties all across the District, celebrating tech and social media in the nation’s Capital, including a special edition of the DC Tech Meetup. I moderated four panels, participated in a fifth and attended what I could otherwise. I found the occasion to be a great way to meet new people around the District. Following is a storify of some of my personal highlights, as told in tweets and photographs. This is by no means representative of everyone’s experiences, which are as varied as the attendees. It’s solely what I saw and what lingered from the social media week that was.