Yearly Archives: 2010

How you know a government is broken

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Last Friday Gloria Galloway and Bill Curry ran an excellent piece about how the government’s promise to strengthen Canada’s access-to-information laws is now five years old.

It is of course all so laughable it is sad. Here we have an issue that the public is universally supportive of – making government more transparent and accountable – and yet the government contends the issue requires extensive consultation. And so… no action.

Meanwhile, on issues to which the public is almost universally opposed – for example the long form census – the government acts without consultation, without evidence and in the dead of night, hoping that no one will notice.

Again, it would be laughable if the implications weren’t so serious. It’s also a big reversal of what should have been and maybe the clearest sign yet this government is broken.

And it didn’t have to be this way. Looking back at the Conservative’s 2006 election platform under the header “Strengthen Access to Information legislation” The government promised it would (this is verbatim)

  • Implement the Information Commissioner’s recommendations for reform of the Access to Information Act. Give the Information Commissioner the power to order the release of information.
  • Expand the coverage of the act to all Crown corporations, Officers of Parliament, foundations, and organizations that spend taxpayers’ money or perform public functions.
  • Subject the exclusion of Cabinet confidences to review by the Information Commissioner. Oblige public officials to create the records necessary to document their actions and decisions.
  • Provide a general public interest override for all exemptions, so that the public interest is put before the secrecy of the government.
  • Ensure that all exemptions from the disclosure of government information are justified only on the basis of the harm or injury that would result from disclosure, not blanket exemption rules.
  • Ensure that the disclosure requirements of the Access to Information Act cannot be circumvented by secrecy provisions in other federal acts, while respecting the confidentiality of national security and the privacy of personal information.

How many of these promises have been implemented? To date, only one (the one that is italicized)

As an aside, take a look at that platform. Guess what isn’t mentioned once: The long form census.

One of the great pledges of the Conservative government was that they were going to make government more accountable and more transparent. So far, when it comes to managing information – the collective documents our tax dollars paid to create – today our government is more opaque, more dumb and less inspiring to Canadians than it has ever been. For a government that was supposed to restore Canadians confidence in their country, it has been a sad decline to observe.

World Bank Discussion on Open Data – lessons for developers, governments and others

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Yesterday the World Bank formally launched its Apps For Development competition and Google announced that in addition to integrating the World Bank’s (large and growing) data catalog into searches, it will now do it in 34 languages.

What is fascinating about this announcement and the recent changes at the bank is it appears to be very serious about open data and even more serious about open development. The repercussions of this shift, especially if the bank starts demanding that its national partners also disclose data, could be significant.

This of course, means there is lots to talk about. So, as part of the overall launch of the competition and in an effort to open up the workings of the World Bank, the organization hosted its first Open Forum in which a panel of guests talked about open development and open data. The bank was kind enough to invite me and so I ducted out of GTEC a pinch early and flew down to DC to meet some of the amazing people behind the world bank’s changes and discuss the future of open data and what it means for open development.

Embedded below is the video of the event.

As a little backgrounder here are some links to the bios of the different panelists and people who cycled through the event.

Our host: Molly Wood of CNET.

Andrew McLaughlin, Deputy Chief Technology Officer, The White House (formerly head of Global Public Policy and Government Affairs for Google) (twitter feed)

Stuart Gill, World Bank expert, Disaster Mitigation and Response for LAC

David Eaves, Open Government Writer and Activist

Rakesh Rajani, Founder, Twaweza, an initiative focused on transparency and accountability in East Africa (twitter)

Aleem Walji, Manager, Innovation Practice, World Bank Institute (twitter)

How Governments misunderstand the risks of Open Data

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When I’m asked to give a talk about or consult on policies around open data I’ve noticed there are a few questions that are most frequently asked:

“How do I assess the risks to the government of doing open data?”

or

“My bosses say that we can only release data if we know people aren’t going to do anything wrong/embarrassing/illegal/bad with it”

I would argue that these question are either flawed in their logic, or have already been largely addressed.

Firstly, it seems problematic to assess the risks of open data, without also assessing the opportunity. Any activity – from walking out my front door to scaling Mount Everest carries with it risks. What needs to be measured are not the risks in isolation but the risks balanced against the opportunity and benefits.

But more importantly, the logic of the question is flawed in another manner. It suggests that the government only take action if every possible negative use can be prevented.

Let’s forget about data for a second – imagine you are building a road. Now ask: “what are the risk’s that someone might misuse this road?” Well… they are significant. People are going to speed and they are going to jay walk. But it gets worse. Someone may rob a bank and then use the road as part of their escape route. Of course, the road will also provide more efficient transportation for 1000s of people, it will reduce costs, improve access, help ambulances save peoples lives and do millions of other things, but people will also misuse it.

However, at no point in any policy discussion in any government has anyone said “we can’t build this road because, hypothetically, someone may speed or use it as an escape route during a robbery.”

And yet, this logic is frequently accepted, or at least goes unchallenged, as appropriate when discussing open data.

The fact is, most governments already have the necessary policy infrastructure for managing the overwhelming majority of risks concerning open data. Your government likely has provisions dealing with privacy – if applied to open data this should address these concerns. Your government likely has provisions for dealing with confidential and security related issues – if applied to open data this should address these concerns. Finally, your government(s) likely has a legal system that outlines what is, and is not legal – when it comes to the use of open data, this legal system is in effect.

If someone gets caught speeding, we have enforcement officials and laws that catch and punish them. The same is true with data. If someone uses it to do something illegal we already have a system in place for addressing that. This is how we manage the risk of misuse. It is seen as acceptable for every part of our life and every aspect of our society. Why not with open data too?

The opportunity, of both roads and data, are significant enough that we build them and share them despite the fact that a small number of people may not use them appropriately. Should we be concerned about those who will misuse them? Absolutely. But do we allow a small amount of misuse to stop us from building roads or sharing data? No. We mitigate the concern.

With open data, I’m happy to report that we already have the infrastructure in place to do just that.

Rethinking Freedom of Information Requests: from Bugzilla to AccessZilla

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Last week I gave a talk at the Conference for Parliamentarians hosted by the Information Commission as part of Right to Know Week.

During the panel I noted that, if we are interested in improving response times for Freedom of Information (FOI) requests (or, in Canada, Access to Information (ATIP) requests) why doesn’t the Office of the Information Commissioner use a bugzilla type software to track requests?

Such a system would have a number of serious advantages, including:

  1. Requests would be public (although the identity of the requester could remain anonymous), this means if numerous people request the same document they could bandwagon onto a single request
  2. Requests would be searchable – this would make it easier to find documents already released and requests already completed
  3. You could track performance in real time – you could see how quickly different ministries, individuals, groups, etc… respond to FOI/ATIP requests, you could even sort performance by keywords, requester or time of the year
  4. You could see who specifically is holding up a request

In short such a system would bring a lot of transparency to the process itself and, I suspect, would provide a powerful incentive for ministries and individuals to improve their performance in responding to requests.

For those unfamiliar with Bugzilla it is an open source software application used by a number of projects to track “bugs” and feature requests in the software. So, for example, if you notice the software has a bug, you register it in Bugzilla, and then, if you are lucky and/or if the bug is really important, so intrepid developer will come along and develop a patch for it. Posted below, for example, is a bug I submitted for Thunderbird, an email client developed by Mozilla. It’s not as intuitive as it could be but you can get the general sense of things: when I submitted the bug (2010-01-09), who developed the patch (David Bienvenu), it’s current status (Fixed), etc…

ATIPPER

Interestingly, an FOI or ATIP request really isn’t that different than a “bug” in a software program. In many ways, bugzilla is just a complex and collaborative “to do” list manager. I could imagine it wouldn’t be that hard to reskin it so that it could be used to manage and monitor access to information requests. Indeed, I suspect there might even be a community of volunteers who would be willing to work with the Office of the Information Commissioner to help make it happen.

Below I’ve done a mock up of what I think revamped Bugzilla, (renamed AccessZilla) might look like. I’m put numbers next to some of the features so that I can explain in detail about them below.

ATIPPER-OIC1

So what are some of the features I’ve included?

1. Status: Now an ATIP request can be marked with a status, these might be as simple as submitted, in process, under review, fixed and verified fixed (meaning the submitter has confirmed they’ve received it). This alone would allow the Information Commissioner, the submitter, and the public to track how long an individual request (or an aggregate of requests) stay in each part of the process.

2.Keywords: Wouldn’t it be nice to search of other FOR/ATIP requests with similar keywords? Perhaps someone has submitted a request for a document that is similar to your own, but not something you knew existed or had thought of… Keywords could be a powerful way to find government documents.

3. Individual accountability: Now you can see who is monitoring the request on behalf of the Office of the information commissioner and who is the ATIP officer within the Ministry. If the rules permitted then potential the public servants involved in the document might have their names attached here as well (or maybe this option will only be available to those who log on as ATIP officers.

4. Logs: You would be able to see the last time the request was modified. This might include getting the documents ready, expressing concern about privacy or confidentiality, or simply asking for clarification about the request.

5. Related requests: Like keywords, but more sophisticated. Why not have the software look at the words and people involved in the request and suggest other, completed requests, that it thinks might similar in type and therefor of interest to the user. Seems obvious.

6. Simple and reusable resolution: Once the ATIP officer has the documentation, they can simply upload it as an attachment to the request. This way not only can the original user quickly download the document, but anyone subsequent user who stumbles upon the request during a search could download the documents. Better still any public servant who has unclassified documents that might relate to the request can simply upload them directly as well.

7. Search: This feels pretty obvious… it would certainly make citizens life much easier and be the basic ante for any government that claims to be interested in transparency and accountability.

8. Visualizing it (not shown): The nice thing about all of these features is that the data coming out of them could be visualized. We could generate realt time charts showing average response time by ministry, list of respondees by speed from slowest to fastest, even something as mundane as most searched keywords. The point being that with visualizations is that a governments performance around transparency and accountability becomes more accessible to the general public.

It may be that there is much better software out there for doing this (like JIRA), I’m definitely open do suggestions. What I like about bugzilla is that it can be hosted, it’s free and its open source. Mostly however, software like this creates an opportunity for the Office of the Information Commissioner in Canada, and access to information managers around the world, to alter the incentives for governments to complete FOI/ATIP requests as well as make it easier for citizens to find out information about their government. It could be a fascinating project to reskin bugzilla (or some other software platform) to do this. Maybe even a Information Commissioners from around the world could pool their funds to sponsor such a reskinning of bugzilla…

UK Adopts Open Government License for everything: Why it's good and what it means

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In the UK, the default is open.

Yesterday, the United Kingdom made an announcement that radically reformed how it will manage what will become the government’s most important asset in the 21st century: knowledge & information.

On the National Archives website, the UK Government made public its new license for managing software, documents and data created by the government. The document is both far reaching and forward looking. Indeed, I believe this policy may be the boldest and most progressive step taken by a government since the United States decided that documents created by the US government would directly enter the public domain and not be copyrighted.

In almost every aspect the license, the UK government will manage its  “intellectual property” by setting the default to be open and free.

Consider the introduction to the framework:

The UK Government Licensing Framework (UKGLF) provides a policy and legal overview for licensing the re-use of public sector information both in central government and the wider public sector. It sets out best practice, standardises the licensing principles for government information and recommends the use of the UK Open Government Licence (OGL) for public sector information.

The UK Government recognises the importance of public sector information and its social and economic value beyond the purpose for which it was originally created. The public sector therefore needs to ensure that simple licensing processes are in place to enable and encourage civil society, social entrepreneurs and the private sector to re-use this information in order to:

  • promote creative and innovative activities, which will deliver social and economic benefits for the UK
  • make government more transparent and open in its activities, ensuring that the public are better informed about the work of the government and the public sector
  • enable more civic and democratic engagement through social enterprise and voluntary and community activities.

At the heart of the UKGLF is a simple, non-transactional licence – the Open Government Licence – which all public sector bodies can use to make their information available for free re-use on simple, flexible terms.

An just in case you thought that was vague consider these two quotes from the frame work. This one for data:

It is UK Government policy to support the re-use of its information by making it available for re-use under simple licensing terms.  As part of this policy most public sector information should be made available for re-use at the marginal cost of production. In effect, this means at zero cost for the re-user, especially where the information is published online. This maximises the social and economic value of the information. The Open Government Licence should be the default licence adopted where information is made available for re-use free of charge.

And this one for software:

  • Software which is the original work of public sector employees should use a default licence.  The default licence recommended is the Open Government Licence.
  • Software developed by public sector employees from open source software may be released under a licence consistent with the open source software.

These statements are unambiguous and a dramatic step in the right direction. Information and software created by governments are, by definition, public assets. Tax dollars have already paid for their collection and/or development and the government has already benefited by using from them. They are also non-rivalrous good. This means, unlike a road, if I use government information, or software, I don’t diminish your ability to use it (in contrast only so many cars can fit on a road, and they wear it down). Indeed with intellectual property quite the opposite is true, by using it I may actually make the knowledge more valuable.

This is, obviously, an exciting development. It has generated a number of thoughts:

1.     With this move the UK has further positioned itself at the forefront of the knowledge economy:

By enacting this policy the UK government has just enabled the entire country, and indeed the world, to use its data, knowledge and software to do whatever people would like. In short an enormous resource of intellectual property has just been opened up to be developed, enhanced and re-purposed. This could help lower costs for new software products, diminish the cost of government and help foster more efficient services. This means a great deal of this innovation will be happening in the UK first. This could become a significant strategic advantage in the 21st century economy.

2.     Other jurisdictions will finally be persuaded it is “safe” to adopt open licenses for their intellectual property:

If there is one thing that I’ve learnt dealing with governments it is that, for all the talk of innovation, many governments, and particularly their legal departments, are actually scared to be the first to do something. With the UK taking this bold step I expect a number of other jurisdictions to more vigorously explore this opportunity. (it is worth noting that Vancouver did, as part of the open motion, state the software developed by the city would have an open license applied to it, but the policy work to implement such a change has yet to be announced).

3.     This should foster a debate about information as a public asset:

In many jurisdictions there is still the myth that governments can and should charge for data. Britain’s move should provide a powerful example for why these types of policies should be challenged. There is significant research showing that for GIS data for example, money collected from the sale of data simply pays for the money collection system. This is to say nothing of the policy and managerial overhead of choosing to manage intellectual property. Charging for public data has never made financial sense, and has a number of ethical challenges to it (so only the wealthy get to benefit from a publicly derived good?). Hopefully for less progressive governments, the UK’s move will refocus the debate along the right path.

4.     It is hard to displace a policy leader once they are established.

The real lesson here is that innovative and forward looking jurisdictions have huge advantages that they are likely to retain. It should come as no surprise that the UK made this move – it was among the first national governments to create an open data portal. By being an early mover it has seen the challenges and opportunities before others and so has been able to build on its success more quickly.

Consider other countries – like Canada – that may wish to catch up. Canada does not even have an open data portal as of yet (although this may soon change). This means that it is now almost 2 years behind the UK in assessing the opportunities and challenges around open data and rethinking intellectual property. These two years cannot be magically or quickly caught up. More importantly, it suggests that some public services have cultures that recognize and foster innovation – especially around key issues in the knowledge economy – while others do not.

Knowledge economies will benefit from governments that make knowledge, information and data more available. Hopefully this will serve as a wake up call to other governments in other jurisdictions. The 21st century knowledge economy is here, and government has a role to play. Best not be caught lagging.

From Public Servant to Public Insurgent

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Are you a public insurgent?

Today, a generation of young people are arriving into the public service familiar with all sorts of tools – especially online and social media driven tools – that they have become accustomed to using. Tools like wikis, survey monkeys, doodle, instant messaging or websites like wikipedia, or issue specific blogs enable them to be more productive, more efficient and more knowledgeable.

And yet, when they arrive in their office they are told: “You cannot use those tools here.”

In short, they are told: “Don’t be efficient.”

You can, of course, imagine the impact on moral of having a boss tell you that you must do you work in a manner that is slower and less effective then you might otherwise do. Indeed, today, in the public service and even in many large organizations, we may be experiencing the first generation of a work force that is able to accomplish coordination and knowledge building tasks faster at home than at work.

Some, when confronted with this choice simple resign themselves to the power of their organizations rules and become less efficient. Others (and I suspect not an insignificant number), begin the process of looking for their next job. But what I find particularly interesting is a tinier segment who –  as dedicated employees, that love the public service and who want to be as effective as possible – believe in their mission so strongly that they neither leave, nor do they adhere to the rules. They become public insurgents and do some of their work outside the governments infrastructure.

Having spoken about government 2.0 and the future of the public service innumerable times now I have, on several occasions, run into individuals or even groups, of these public insurgents. Sometimes they installed a wiki behind the firewall, sometimes they grab their laptop and head to a cafe so they can visit websites that are useful, but blocked by their ministry, sometimes they simple send around a survey monkey in contravention of an IT policy. The offenses range from the minor to the significant. But in each case these individuals are motivated by the fact that this is the most, and sometimes only, way to do the task they’ve been handed in an effective way. More interesting is that sometimes their acts of rebellion create a debate that causes the organization to embrace the tools they secretly use, sometimes they it doesn’t and they continue to toil in secret.

I find this trend – one that I think may be growing – fascinating.

So my question to you is… are you a public insurgent? If you are I’d love to hear your story. Please post it in the comments (using an anonymous handle) or send me an email.

My Mozilla Summit 2010 Talk: Making the Army of Awesome more Awesome

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This summer I had the enormous pleasure and privilege of both being at the Mozilla Summit and of being selected to give a lightening talk.

Embedded below is the talk – it’s five minutes so won’t take long to watch and is a short and updated version of my community management presentation. There are tons of people to thank for this talk, Diederik Van Liere, David Ascher and Mike Beltzner come to mind immediately, but there are many others as well. It also builds off a number of posts, including some old gems like this one and this one.

I’ve embedded a YouTube video of it, and the slide deck is a little further down.

Making the Army of Awesome more Awesome (Mozilla Summit ignite)

View more webinars by David Eaves.

Right to Know Week – going on Right Now

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So, for those not in the know (…groan) this week is Right to Know Week.

Right to Know (RTK) Week is and internationally designated week with events taking place around the world. It is designed to improve people’s awareness of their rights to access government information and the role such access plays in democracy and good governance. Here in Canada there is an entire week’s worth of events planned and it is easy to find out what’s happening near you.

Last year, during RTK Week I was invited to speak in Ottawa on a panel for parliamentarians. My talk, called Government Transparency in a Digital Age (blog post about it & slideshare link) seemed to go well and the Information Commissioner soon after started quoting some of my ideas and writings in her speeches and testimony/reports to parliamentary. Unsurprisingly, she has become a fantastic ally and champion in the cause for open data. Indeed, most recently, the Federal Information Commissioner, along with all the her provincial counterparts, released a joint statement calling on their respective governments to proactively disclosing information “in open, accessible and reusable formats.”

What is interesting about all this, is that over the course of the last year the RTK community – as witnessed by the Information Commissioners transformation – has begun to understand why “the digital” is radically transforming what access means and how it can work. There is an opportunity to significantly enlarge the number and type of allies in the cause of “open government.” But for this transformation to take place, the traditional players will need to continue to rethink and revise both their roles and their relationships with these new players. This is something I hope to pick up on in my talk.

So yes… this year, I’ll be back in Ottawa again.

I’ll once again be part of the Conference for Parliamentarians-Balancing Openness and the Public Interest in Protecting Information panel, which I’ll be doing with:

  • David Ferriero, Archivist of the United States
  • Vanessa Brinkmann, Counsel, Initial Request Staff, Office of Information Policy, U.S. Department of Justice; and
  • James Travers of the Toronto Star

Perhaps even more exciting than the panel I’m on though is the panel that shows how quickly both this week and the Information Officer’s are trying to transform. Consider that, this year, RTK will include a panel on open data titled “Push or Pull: Liberating Government Information” it will be chaired by Microsoft’s John Weigelt and have on it:

  • Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association
  • Toby Mendel, Executive Director of the Centre for Law and Democracy
  • Kady O’Malley, Parliamentary blogger for CBC.ca’s Inside Politics blog
  • Jeff Sallot, Carleton University journalism instructor and former Globe and Mail journalist

Sadly I have a prior commitment back in Vancouver so won’t be there in person, but hope to check it out online, hope you will too.

Welcome to Right to Know Week. Hope you’ll join in the fray.

Why Blockbuster’s success in Canada is a bad news story

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I noticed today in the Globe that while Blockbuster (the movie rental company) has declared bankruptcy in the United States, here in Canada the branch of the company is doing fine, indeed it is still profitable:

Blockbuster Canada vice-president and general manager Barry Guest said in a statement early Thursday that its operations are still profitable. “Blockbuster Canada operates independently of the U.S. and is financially stable,” he said.

So how can this be a bad news story?

Clues to the answer lie deeper in the article, in this paragraph:

Once a home entertainment powerhouse in the United States, Blockbuster has been losing market share and money for years as more Americans rent DVDs from subscription service Netflix Inc. and popularity surged for streaming video over the Internet.

Let’s be clear, Blockbuster in Canada is profitable not because it has been innovative. Not because it has reinvented itself in a digital era. Not because it has been visionary. Blockbuster is okay because the innovations and services that have devastated its southern partner basically aren’t available in Canada. In short, when it comes to rolling out cutting edge services (or even kind-of cutting edge services) in the digital media/infrastructure space Canada falls short.

bbcanada1This, of course, is well documented (hello cellphone contracts!) and it is the real story here! How can Canada – and Canadian companies – expect to be leaders in the digital space (I’m looking at you, forthcoming Digital Economy Strategy) if even the most mainstream services available in the US (mainstream enough to destroy an incumbent) haven’t even made it north of the border? Domestically, who are we competing with, competitors from an analog era? This is not a marketplace that is likely to produce the next Tivo, Netflix or whatever.

This story feels like a metaphor for pretty much everything that is wrong with innovation and competitiveness in this space in Canada, right down to the fact that we appear to celebrating the ongoing success of blockbuster. Sigh.

Good Backgrounder on Open Data for Cities – (Looking at You #VoteTO)

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Yesterday the Martin Prosperity Institute released another installment of its Toronto Election 2010 discussion papers, this one focused on Open Data.

For citizens of any city this is a fantastic primer on what open data is, why it matters and, in the case of Toronto, why it should be an election issue in the upcoming civic election.

Full disclosure: I did sit down with the paper’s authors at the Institute – Kimberly Silk and Jacqueline Whyte Appleby – to talk about a number of the critical aspects surrounding this issue. Their depth and experience in municipal and regional issues has produced an invaluable resource. I hope citizens of cities everywhere are able to make use of it, but I also hope that citizens of Toronto use it to ask questions of the candidates for Mayor and council.

Again, you can download the report here.

For those not familiar with the Institute, you can read more about it here (excerpt below):

The Lloyd & Delphine Martin Prosperity Institute is the world’s leading think-tank on the role of sub-national factors – location, place and city-regions – in global economic prosperity. Led by Director Richard Florida , we take an integrated view of prosperity, looking beyond economic measures to include the importance of quality of place and the development of people’s creative potential.